Making a Claim for a Deceased Family Member
Your legal rights
When a loved one dies as a result of injuries or illness related to their military service, it’s not just a personal loss – it’s also a time of overwhelming questions, including whether you have any legal rights to claim compensation on their behalf. While no amount of money can ease the grief, understanding your rights may help provide some security from their legacy, as well as recognition of what your loved one endured.
The process can feel daunting, especially when you're already dealing with loss – but you don’t have to navigate it alone. Our team is here to help ensure you don’t miss out on the support you may be entitled to.
Why make a claim?
Seeking compensation is not about placing a price on a life, it’s about:
- Acknowledging the sacrifice made in service.
- Providing financial security for loved ones.
- Ensuring recognition and accountability where appropriate.
- Many families say it helps to know that their loved one’s contribution has not gone unnoticed.
Who can make a claim?
Navigating the differences between schemes and eligibility rules can be confusing, particularly when you're trying to deal with paperwork and grief at the same time. We're here to guide you through it clearly and compassionately, making sure nothing important is overlooked.
In the UK, you may be entitled to make a claim under one of the following government-run compensation schemes:
Armed Forces Compensation Scheme (AFCS)
For injuries or death on or after 6 April 2005
If the death occurred during or after service and was related to injuries or illness attributable to service, the AFCS may provide compensation.
Claims can be made by:
- A surviving spouse or civil partner
- Dependent children
- In some cases, dependent parents or siblings
The scheme offers:
- Survivor’s Guaranteed Income Payment (GIP): a monthly tax-free income
- Bereavement Grant: a one-off tax-free lump sum
Time limits: Claims must usually be made within seven years of the incident, diagnosis, or death. However, exceptions may apply if the family were unaware of their right to claim, so it’s always worth checking.
War Pension Scheme (WPS)
For injuries or death before 6 April 2005
If the injury or illness occurred before this date, you may be eligible to claim through the WPS.
Claims can be made by:
Similar categories of dependants as AFCS may qualify.
The scheme offers:
- War Widow(er)'s Pension / Widowed Parent’s Allowance: paid for life (unless the recipient remarries or cohabits)
- Children’s Pensions: for eligible dependent children
- Funeral Expenses Grant: may be available if the death was service-related
Time limits: There is no formal time limit for WPS claims, but it’s advisable to apply as early as possible.
Military Injury - get help when you need it
We understand how difficult it can be to deal with claims and paperwork while grieving. Many families feel unsure at the start - unsure whether they’re eligible, whether the claim is strong enough, or they're simply just not sure where to begin! That’s where we come in.
Military Injury can guide you through every step, from gathering the right documents to understanding which scheme applies as well as whether your case falls within the relevant time limits. Even if you think the case is out of time, it's worth checking - we can help assess whether exceptions apply and make sure nothing is missed.
We’re here to relieve the burden at a time when things may already feel overwhelming, and to make the process as simple and stress-free as possible. If you're unsure where to begin, contact us today. We’re ready to listen, advise, and pursue the support your family deserves.
What about civil claims?
While we don’t handle civil claims, we can point you in the direction of people who do.
See our terms and conditions