What are you looking for?

029 2267 5840 Make enquiry

Overview

What are Cold Injuries?

Cold injuries occur when the body is exposed to cold temperatures below normal skin or core body temperature for prolonged periods.

These types of injuries can be broadly divided into Freezing Cold Injuries (‘FCI’) and Non-Freezing Cold Injuries (‘NFCI’) but can also include hypothermia which occurs when there is a dangerous drop in the body’s core temperature.

What are Non-Freezing Cold Injuries?

Non-freezing cold injuries are cold-related injuries that occur when the temperature of an individual’s soft tissue drops below normal levels without actually freezing.

NFCI will normally arise when the temperature is above freezing but below 15°C. Prolonged exposure to such conditions causes blood vessels to constrict which reduces blood flow and damages the nerves and blood vessels.

NFCI is caused by prolonged exposure to both cold and wet environments. Military personnel are especially at risk because they often spend long periods of time outside in cold conditions. This can lead to the development of NFCI, sometimes referred to as ‘trench foot’. Left without intervention, NFCI can cause permanent damage to the nerves and blood vessels.

Signs & Symptoms of a Non-Freezing Cold Injury

Most sufferers will notice symptoms that affect their extremities, and most commonly, the hands and/or feet.

Symptoms to the affected area can include:

  • A feeling of coldness
  • Numbness or loss of sensation
  • Swelling
  • Pale, blotchy or mottled skin
  • Redness and pain/throbbing on rewarming
  • Pins and needles or tingling
  • A burning sensation
  • Significant and lasting pain
  • Sensitivity to the cold

Cases range from mild to severe, with some sufferers being so sensitive to cold that they can no longer work outside and may be at risk of medical discharge.

Diagnosis and treatment

The diagnosis of NFCI hinges almost exclusively on a collection of symptoms and signs which are determined through an examination and by taking a careful clinical history. This history will include duration of exposures, timing, severity and the sequence of symptoms.

The key treatment for NFCI is avoiding cold exposure. Ongoing treatment can also include prescription painkillers and the provision of warm clothing and foot spas.

Who is eligible (or could be eligible) to make a claim?

Historically, it was not possible to bring a civil claim against the MoD for an injury or illness caused through service. This was referred to as Crown Immunity. This rule was revoked on 15 May 1987 which made it is possible to bring claims against the MoD for any injuries or illnesses sustained during service, provided it occurred after this date.

Unfortunately, it is not possible to bring a claim against the MoD for any injuries or illnesses sustained prior to 15 May 1987. If you are interested in bringing a claim for a cold injury sustained after this date, you should contact specialist military solicitors as soon as possible to discuss the prospects of your claim.

The MoD’s duty of care

The nature of military service is very different to civilian employment. However, the MoD still owes a duty of care to its service personnel in the same way as any other civilian employer.

This duty of care broadly means that they must supply their employees with safe systems of work, appropriate work equipment and sufficient training.

There are exceptions whereby armed forces personnel cannot always claim compensation, for example, where their injuries were sustained during combat situations.

Why Hugh James?

Our team of expert military solicitors is known as much for its tenacity as its expertise in military service legal matters. We carry on where other lawyers may stop, ensuring service men and women have access to the specialist advice they need.

We can help military service personnel who need to bring a claim against the MoD due to their failure to adequately protect from illness or avoidable injury.

We’re different from the Armed Forces Compensation Scheme (‘AFCS’) or the War Pension Scheme (‘WPS’) in that we can help you bring civil claims for compensation, often in parallel with these no-fault schemes.

How can we help?

Hugh James has one of the largest personal injury and accident legal teams in England, and the biggest department of military accident lawyers in Wales.

We have a dedicated military claims department which has a vast amount of experience in dealing with claims for accidents at work and securing military compensation for those injured within their employment in the armed forces. We treat each client exactly the same, whether their injury is minor or major. Contact us today for free advice on military accident claims, with no obligation.

FAQs

Almost all claims handled by Hugh James are dealt with under a Conditional Fee Agreement (no win, no fee).

If your claim is unsuccessful (provided you have been cooperative and honest with us) it will not cost you anything.

If your claim is successful, we will be entitled to deduct a success fee from your compensation. This deduction will be capped at a maximum of 25% of your award.

It is usually necessary to bring court proceedings in a civil claim within three years of becoming aware of an injury or illness and the fact it was caused by military service.

Predicting when this three-year period begins and ends is not always easy, particularly for conditions which develop over a period of time.

Where a claim is brought outside of this three-year period, the MoD will often argue that the claim is out of time. You would then need to ask the court to waive the deadline and allow the claim to proceed out of time, but there is no guarantee they will do so.

There is no need to wait until you have finished service before bringing a claim. Where possible, a claim should be brought within the three-year period. If you are outside this time limit, you should consult specialist military solicitors and bring your claim as soon as possible, as any further delay is likely to reduce the chances of the court allowing your claim to proceed.

Not all firms of solicitors specialise in military claims. Different solicitors will not always approach the same case in the same way. Hugh James has successfully dealt with a number of cases previously turned down by other solicitors. Even if you have been turned away in the past, it is still worth seeking legal advice from specialist military solicitors.

Many service personnel believe they are unable to bring a civil claim whilst they are still serving. This is not correct. It is possible to claim whilst someone is in the armed forces. Moreover, delaying your claim until after you have left service can result in the claim being denied for being brought too late.

Anyone thinking of bringing a claim should seek urgent legal advice as soon as possible, even if they are still serving. You should never wait until leaving the forces to do so, as the legal time limits may result in you being barred from proceeding with your case.

The criteria used for a claim under the WPS or AFCS are different to those used by the courts in civil claim. It is not uncommon for successful civil claims to be brought in cases where the WPS or AFCS claim was rejected. If your WPS or AFCS claim was turned down, you should still seek legal advice about a possible civil claim.

No two claims are alike and the level of compensation can vary widely between different cases.

The value of your claim depends on several factors including but not limited to:

  • The severity and long-term impact of your cold injury
  • Whether the injury has affected your military or civilian career
  • Financial losses including lost earnings, lost pension and out-of-pocket expenses
  • The extent of any future employment limitations

Expert medical evidence and a financial assessment will be used to determine the specific losses in your claim. Once we have the necessary evidence, we will fully advise on the level of damages expected in individual claims.

The length of the claims process depends on several factors including the complexity of your case, the amount of issues disputed by the MoD, and the length of time it takes to gather the relevant evidence to support your claim.

On average, the claims process can take between 3 to 5 years, although some cases will reach a conclusion far sooner.

Key contact

Simon Ellis

Partner

Simon Ellis is a Partner with Hugh James and has worked with the firm for more than 25 years, having trained and qualified here. Simon heads up the Military Department, advising and assisting current and former military personnel with various health conditions and injuries. He specialises in claims such as hearing loss, non-freezing cold injuries, compartment syndrome and military injury cases. He is often asked to advise on more unusual claims in the military context.

Get in touch

If you’ve suffered a non-freezing cold injury during your time in service – past or present – our team is ready to listen.

Client Mr TB, who sustained a non-freezing cold injury, said:

I would highly recommend Hugh James, Nia-Wyn Evans and all those who helped in the Military Claims Department.

I contacted Hugh James solicitors after being informed I was being medically discharged and after a failed AFCS claim. They spent lots of time listening and discussing what most would find a complex situation. They understood most military terminology which made the process even easier.

This claim has taken several years but the outcome has more than made up for it. I did not expect to come away with anything close to what I did. With it being no win no fee I expected the fee to be extremely high. But although their fee was capped at 25% (a typical solicitors fee in these cases) The overall fee deducted was a lot lower than expected especially taken into account Nia-Wyn and many others have been working on this claim for nearly 4 years.

Nia-Wyn kept me informed throughout, clarifying anything I didn’t understand. Most of the work was done with them and little work was required by myself, often working around my schedule including a holiday that came at a difficult point in the process.

I would not hesitate instructing Hugh James solicitors in the future.

Related services

Military Legal Services Military Accidents Claims & Compensation Military Charities Military Hearing Loss Claims Military Independent Financial Advice Military Wills & Probate US Camp Lejeune Claims

Next steps

We’re here to get things moving. Drop a message to one of our experts and we’ll get straight back to you.

Call us: 033 3016 2222

Message us