Military and Armed Forces injury claims

A soldier

Serving in the Armed Forces brings with it unique risks, and if you or a loved one has suffered injury, illness, or bereavement connected to service, you may be entitled to compensation under Scottish law.

At Allan McDougall Solicitors, our experienced personal injury team guides serving personnel, reservists, veterans, and their families through their legal options, from no-fault schemes to civil claims.

As well as operating with no-win, no-fee funding arrangements, we can also handle negotiations with the Ministry of Defence (MoD) and insurers on your behalf. This enables you to focus on recovery while we handle your claim.

What is a military injury or Armed Forces claim?

A military or armed forces injury claim is a type of personal injury case brought by someone injured while serving in the Army, Navy, Royal Air Force (RAF), or Reserve Forces.

If your injury was caused by service on or after 6 April 2005, you may be entitled to make a claim through the Armed Forces Compensation Scheme (AFCS). For claims before this date, the War Pension Scheme (WPS) may apply. Both are government-run, no-fault schemes that provide lump-sum and ongoing payments through Veterans UK.

You may be able to claim if you’ve suffered injury, illness, or psychological harm caused by:

Faulty or inadequate equipment in the armed forces
Unsafe training or working conditions
Exposure to harmful noise or substances
Accidents during transport, deployment, or exercises
Medical negligence while under military care

Compensation can also be claimed if you’ve been injured due to negligence by another member of the armed forces, provided the incident did not happen during combat operations.

What can you claim for?

In Scotland, compensation for military injury claims is designed to reflect the immediate and long-term impact of your injuries.

You may be able to recover damages for:

Pain and suffering for the physical and emotional effects of your injury
Loss of earnings if you’ve been unable to work or have lost future promotion opportunities
Medical treatment and rehabilitation, such as physiotherapy, counselling, or private medical care
Care and support for professional or family assistance you need during recovery
Travel and related expenses for attending treatment or rehabilitation
Future loss of pension if your injury affects your ability to continue military service or other employment

Scottish courts use the Judicial College Guidelines as a starting point for valuing compensation and apply the personal injury discount rate (PIDR) to calculate future losses.

When can you make a military injury claim?

Under the Prescription and Limitation (Scotland) Act 1973, you normally have three years from the date of the accident, or from when you first became aware of the injury and its cause, to make a civil claim.

For AFCS claims, the usual time limit is seven years from the date of the incident or diagnosis. However, late claims may be accepted in exceptional circumstances. This will be decided by the courts.

Because evidence such as service records, medical notes, and witness statements can take time to obtain, it’s always best to seek legal advice as early as possible in potential cases of military and armed forces injuries.

What to do after a military injury

If you’ve been injured while serving in the military, you should:

Report the injury through the correct military channels and ensure it’s recorded
Seek medical treatment immediately and keep detailed records
Gather any witness details or photographs if possible
Keep records of your financial losses and any medical expenses
Seek legal advice from an experienced military injury solicitor

Taking these steps can help strengthen your claim and ensure that it’s handled efficiently.

How we can help

At Allan McDougall Solicitors, we have decades of experience helping military personnel and veterans across Scotland secure fair compensation for injuries sustained during service.

As such, we provide:

Clear guidance on your legal options
No-win, no-fee funding options
Support with both civil claims and AFCS and WPS applications
Sensitive and professional representation throughout your claim

We can also handle all negotiations on your behalf, including with the Ministry of Defence and relevant insurers, and work to achieve the best possible outcome for you and your family.

Contact Allan McDougall Solicitors

If you or a loved one has suffered injury or illness linked to military service, contact Allan McDougall Solicitors today.

Our specialist personal injury team will provide clear, confidential advice on your options under Scottish law and help you move forward with confidence.

Contact us

Email us
Call our personal injury claims team free on 0808 560 0872
Arrange a callback by using our enquiry form

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What our clients say

Fantastic service from start to finish. Stephen Irvine was lovely.
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Stephen Irvine has been amazing from start to finish. He always explained things to me in an easy, friendly manner. Many many thanks to Stephen and his team for all the help I received during the last few years. Forever grateful.
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I found Julie Harris to be excellent at her job, easy to talk with. She was more than willing to listen to what I had to say also and was also very easy to contact during my claim.
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