Personal Injury Compensation system for injured soldiers looks positive to change after today's result

Injured servicemen will be celebrating today as the news comes through that the personal injury compensation awarded to two British servicemen has been upheld.

Light Dragoon Corporal Anthony Duncan was shot in 2005 whilst leading an eight-man patrol in Iraq. The bullet tore through his thigh, resulting in a shattered femur and muscle damage. His injuries needed 11 operations to insert pins to hold bones in place. He also suffered other painful injuries and psychological problems through complications of the surgery he had.

Corporal Duncan originally received £9,250 in personal injury compensation. However, the payout did not take into account the further complications that he would suffer in the future due to the accident and treatment he had to have as a result.

After appealing the personal injury compensation award, Corporal Duncan was given £46,000 and a medical pension, designed to see him through any further medical problems that may arise.

Marine Matthew McWilliams was taking part in a training exercise when he severely fractured his thigh. As a result he had to have complicated medical treatment, including having a steel pin inserted into his leg to hold his bones together. Consequently he suffered scarring and walking difficulties.

Marine McWilliams was originally awarded £8,250 in personal injury compensation. However, following a successful appeal, this was increased to £28,750 to take into account difficulties he would encounter later in life.

The news is a great success to those opposed to the current system, which is to undergo a review, carried out by the former Chief of Defence staff, Admiral Lord Boyce. The Ministry of Defence compensation scheme currently takes into account immediate injuries, and not the long-term implications of these.

However, Lord Boyce will be looking at changing the system so injured servicemen and women will be given personal injury compensation that will see them through further complications as a result of their accident.

It could be said then that today’s news is the start of a turnaround for the personal injury compensation claiming system for members of the army and other armed services.

Currently, No Win No Fee personal injury compensation will cover someone for their injuries and future implications, including missing work, medical treatment, and even extra costs incurred from transport.

The fact that the people who risk their lives to protect our country do not get the same benefits as those who injure themselves in regular accidents is baffling to many. However, the news will please service charities. The Royal British Legion has been the first to comment, saying that the result was “a tremendous win for the compensation rights of our brave wounded soldiers.”

Let’s hope that the result is the start of the change for soldiers wanting to claim personal injury compensation after being injured in battle.