We’re here to support you through military inquests and fatal claims

If you’ve lost a loved one during their service in the military and you believe that their death could have been prevented, you may be entitled to take legal action to get the answers and support you and your family deserve.

Serving in any branch of the military, whether it is the Army, Navy, RAF, Special Forces, both Regular or in the Reserves, can carry enormous risk, but like any other employee, service personnel are owed a duty of care by the Ministry of Defence (MoD) to minimise any risks to their health and wellbeing wherever possible. This includes during training exercises, while traveling, providing adequate training, and while working with large and dangerous machinery.

If you suspect that this duty of care has been breached, and your loved one has tragically lost their life as a result, you deserve to know what has happened. A military inquest can help to uncover the circumstances that have led to your loved one’s death and making a military fatal claim can provide the financial support for you and your family both now and into the future.

We understand that this can be a very difficult time, and legal action may not be the first thing on your mind. When you’re ready to talk, our specialist team are here to help you get the justice you deserve.

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What happens at a military inquest?

A military inquest can be ordered after the death of a serving member of the Armed Forces if there are concerns about how the death occurred, or if it has not been possible to determine cause of death after a post-mortem.

An inquest may be requested if there is reason to suspect that negligence or a failure to meet appropriate standards of care were not met.

Military inquests are carried out independently of the Ministry of Defence (MoD). A coroner will be appointed by the Ministry of Justice (MoJ), and will question witnesses to determine when, where, how, and why your loved one lost their life.

It is not the purpose of an inquest to determine fault. However, the information collected during the coroner’s investigation, along with their findings, can provide support for your case when seeking compensation.

Who is eligible to make a military fatal claim?

Losing a loved one in military service is often an incredibly emotional and traumatic time, and making a claim is unlikely to be the first thing on your mind. However, if you were financially dependent upon your loved one, you may be worried about your financial security and future.

Military fatal claims can be brought for loss of life in service in the Army, Navy, RAF, Special Forces, both Regular and in the Reserves.

You must have been a dependent of the deceased, such as a spouse or child, and you have three years of the date of the service person’s death to submit a claim. The cause of death must be a result of negligence on the part of the Ministry of Defence, for example, a preventable accident during training, or a lack of safety and protective gear.

It may be possible to make a claim for fatal accidents that occur during combat, though this can be more difficult due to combat immunity defence. This is because the MoD does not have the same responsibility to ensure a safe working environment during combat. However, if it can be proved that your loved one’s death was caused by the MoD’s negligence, you could still be able to make a claim. There are still other avenues to pursue if your loved one is injured in active combat such as an Armed Forces Compensation Scheme (AFCS) Claim. We can also assist with us, so it is important to speak to us about whether we can assist.

Why choose our military injury lawyers?

At Slater and Gordon, we have a long-standing connection with military personnel, and all of our cases are handled by specialists with a great deal of experience in dealing with military injury cases.

Our dedicated military injury solicitors are headed up by Natasha Orr, Senior Associate and an APIL (Association of Personal Injury Solicitors) accredited Senior Litigator, as well as a former member of the Armed Forces. She also has first-hand experience being the spouse of a service person, and the unique demands and difficulties this carries. Her first-hand experience gives her an extensive understanding of the challenges faced by military personnel and their families, and this fuels her passion for assisting the military community.

Our military law team have received numerous accolades and recognition across the legal industry, such as Chambers and Partners and Legal 500. We work closely with several charities, such as HASAG and Mesothelioma UK, who provide a specific service for military personnel diagnosed with mesothelioma.