Military Claims - Unique Challenges for Personal Injury Lawyers

Introduction

This virtual classroom seminar will include consideration of the frequently encountered problems of liability and quantum. Personnel in the army, navy and air force face unique risks and physical demands. Injury may be caused by a sudden event (such as a road accident or injury during an exercise) or it may be sustained as a result of chronic exposure to harm (such as deafness claims). Common difficulties are the expiry of limitation periods, lack of availability of witnesses, poor memory of the claimant, and allegations of contributory negligence.

Quantum issues will usually focus on the loss of promotion and claims for reduced earnings and pension. This will often require expert analysis of the financial and non-financial rewards that would have been available if the claimant had continued to serve. Further issues involve the kinds of employment that may be available following discharge and the comparative effects of the injury on post-service careers.

What You Will Learn

This live and interactive course will cover the following:

• How to overcome limitation problems if the claim is (or may be) over 3 years old
• Obtaining witness evidence about the circumstances of an accident or harmful exposure
• Use of experts to determine the career ‘but for’ the accident/injury
• Consideration of what career options now remain for the claimant and valuation of that
• Pension losses, using expert analysis of the likely rank on departure but for injury
• Overview of the Armed Forces Compensation Scheme and its impact on the claim
• Presentation of the Schedule of Loss using medical and non-medical expertise
• Advising the claimant and negotiating the claim with Ministry of Defence

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.