PTSD claim against the Army ?

Discussion in 'Charities and Welfare' started by Dunkers, Aug 16, 2006.

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  1. Hello this is my first post. about 10 years ago I had a mini nervous breakdown whilst serving. I had been attacked with baseball bats and knives whilst on a patrol in NI. I was diagnosed afterwards with ptsd & depression. i elected to leave and pvr'd with a lowered medical category. Anyway 5 years later after lots of letters and solicitors and consultants visits paid for by the army I was offered £45,000 as an ex gratia (latin for "without admitting responsibility") payment by the army board. i took it and used it towards a house purchase. anyway due to my continued depression and mood swings my wife & I separated 18 months ago and I find myself single again. Have spoken to a few folk and they said that the army could be chased for an awful lot more money. I am now renting a house and trying to get back on the property ladder. Please do not dismiss me as an ambulance chaser as I loved the army. I was decorated by Gen de la Billiere for my actions in Gulf War 1. Anyway does anybody think it is worth pursuing or is there any barrack block laywers who have an opinion ? I will not be entitled to legal aid so will be taking a risk as I would have to fund this. I am aware that those failed solicitors & muppets who could not make it in civvy street aka The Army Legal Branch will probably see this but they don't give me cause for concern. I am reasonably certain a decent civvie lawyer will run rings the MoD. Any advice would be grateful. I will watch this thread to see how it goes. Many thanks indeed.
  2. Correct me if I'm wrong, but by accepting the initial ex-gratia payment you have no further ability to claim?
  3. No I signed a letter accepting the ££ as ex Gratia and agreed that if a further award was offered in the future the ex gratia award would be deducted from it. - thanks
  4. In that case, phone the CAB (Citizens Advice Bureau) explain in brief your situation and ask them if you can still claim. I think there may be a time clause on how long you can claim for something...??
  5. chrisg46

    chrisg46 LE Book Reviewer

    Not a legal expert myself, but accepting the ex gratia payment may make things awkward. I dont know though, and will also watch with interest.

    My sympathies for what happened to you.
  6. Can't really help, but if you are looking for an angry mob to hunt down and strike great vengeance and furious anger upon those that originally attacked you.... count me in.
  7. Cheers HVM appreciate your comments big lad.
  8. I have PTSD and have been looked after by Combat Stress. You might be able to get a referral via your GP or mental health counsellor though it will take time. If the charity takes you on after checking credentials (would you believe there are some who fake service and do the PTSD thing for attention) you will be offered a 7 day assessment at one of the three houses they run. Depending on how that goes you will either be kept on the active list which gets you 6 weeks a year there or the passive list with the right to call back for help if things get sticky.

    Although many of us are quite negative about the Royal british legion they can help with this type of claim and providing they don't have an overloaded solicitor on your case a positive result will happen. You already have a proven history.

    The really big sticking point is how much psychiatric and/or psychological help you have had or tried to get (bit of a joke in the nHS since if a patient is ex-forces they tend to run a mile).

    If you haven't got a war pension for this yet I strongly suggest getting a claim in through the RBL.
  9. 'ex gratia' simply means: 'out of kindness'. An ex gratia payment is a gratuitous voluntary payment and has no affect whatever on the disclaiming on liability. On the contrary, it impliedly admits liability and to suggest that it is a payment to be deducted from any future award reinforces that admission of liability by estoppel.

    Any agreement entered into in which a recipient waives his rights has no legal effect since any contractual term which seeks to avoid liability for death or injury is automatically struck down under the Unfair Contract Terms Act 1977

    As for limitation periods, broadly speaking, actions in tort must be brought within six years of the date in which the cause of action accrued. However the strictness of this rule under the Limitation Act 1980 may, in certain circumstances be ameliorated, as for example, where the applicant raises and proves some fact that made him ignorant of his right to bring a claim.

    Regards and best wishes