So it’s sad to hear when those in charge of our countries brave servicemen and women are in the news for squandering cash to save payouts!
According to the mirror.co.uk (source) it is reported that the Defence Chiefs spent a staggering £90,000 in trying to slash £56,000 in payouts to two wounded soldiers! According to the report, this sum includes massive £28,000 in barristers fees for two days work.
19 year old marine Matthew McWilliams received £8,250 in compensation for his fractured thigh sustained form a military exercise back in 2006, and 27 year old Corporal Anthony Duncan received £9,250 for a gunshot wound to the leg from Iraq. Both unfortunately suffered complications during their treatment and a tribunal raised McWilliams’ payout to £28,750 and Duncan’s to £46,000. This is the point where the Ministry of Defence launched a “marathon battle” to get back the extra money awarded to them for the increased payout, insisting that they should only receive damages for their injuries.
The underlying point; both suffered complications as a result of treatment for injuries that were sustained in service. These complications would of course not have occurred if it wasn’t for them sustaining injuries in the first place. So, should they be liable? The answer is yes!
The whole point in claiming for compensation is so that the victim can be 100% compensated for their suffering. Of course with cases such as this involving military personnel, it isn’t so much negligence of the employers (the MoD), but more ensuring servicemen and women are compensated for suffering in the line of duty in safeguarding our country. But the basic principles still apply: the injured person must be 100% compensated for their suffering. If complications arise during treatment, the MoD (as with a negligent employer in a factory for example) are liable for the suffering.
The report goes on to say that the court, after three hearings and a two day appeal in July, continued to back the injured men and the Mirror last week won a 6 month battle to force the MoD to admit exactly how much cash they had wasted on the case.
Solicitor Hilary Meredith who has represented more than 1,500 injured soldiers seek compensation stated “the amount is an astonishing example of MoD penny-pinching against hero servicemen and a waste of money”. She went on to say “The MoD claimed this was a test case but the fact that they spent far more on costs than the amount they were trying to reclaim is hugely embarrassing. I am appalled.”
It doesn’t take a genius to do the math. Spending more than the payout in order to save less… it defines the word crazy! And in the circumstances involved, that this is concerning compensation payouts for soldiers wounded in the field of battle serving their country and suffering for others, it is madness.
The victim is entitled to be fully compensated for their suffering. Any complications or extra suffering or loss of money that is a direct result of the accident is allowed to be recovered as part of a claim for compensation.