If you have been injured or a loved one killed as a result of a military air accident and would like to discuss seeking compensation, please contact Stewarts’ aviation team.

Military injury claims process

Air transportation is a central element of many careers in His Majesty’s Armed Forces. It is crucial that proper and adequate safety measures are taken by the Ministry of Defence (MoD) to protect its personnel in the air.

Aviation claims in a military context is a niche area of law requiring specialist knowledge. One of the biggest pitfalls in claims against the MoD is the lack of familiarity with the specific qualities and procedures of the MoD as well as the case law that has developed over recent years.

For example, we are familiar with the benefit of bringing a strict liability claim under the Enterprise and Regulatory Reform Act 2013 for defects undetectable by a reasonable system of inspection rather than framing a claim in negligence.

We will also consider whether to pursue the MoD as an emanation of the state for breach of directive. Where common law negligence fails to provide the same level of protection as a directive, it may be preferential to rely on the doctrine of ‘direct effect’.

There is a significant disparity in power between the MoD and an injured or bereaved client. The MoD has extensive resources at its disposal, so it is critical to instruct legal advisers capable of matching them.

Military air accident claim experience

The aviation team at Stewarts Law has extensive experience in handling aviation accidents and incidents. We understand the complex nature of these cases and are well-versed in the laws and regulations that govern them. Our knowledge of aviation law, combined with our experience of helping serving and former armed forces personnel, makes us well-placed to assist.

If you have suffered serious injury or a family member has been killed whilst serving in His Majesty’s Armed Forces and would like to discuss the possibility of seeking military compensation, please contact us.