Inter Law – personal injury settlement

Hundreds of veterans who witnessed nuclear tests in the 1950s, have seen their claim for compensation in doubt due to existing laws on personal injury claims.

The Ministry of Defence (MOD) has indicated that it will use the defence of limitation to dispute claims for compensation over radiation sickness and other more serious related illnesses. This would prevent the case, thought to be the largest group compensation case for personal injury against the MOD, from reaching court because the law states the claims for personal injury must be made within 3 years of recieving an injury.

700 of the claimants witnessed the tests, held in the South Pacific, during the cold war to develop nuclear deterrents against the Russians. However the exposure they recieved during the tests has since been linked to a range of illnesses experienced by the veterans including a range of cancers, leukaemia, tooth rot, and mental illness.

It wasn’t until the 1970s when the first links were made and now the veterans believe they were used as human guinea pigs to assess the impact of radiation on humans. This is something that the MOD disputes. They believe that because the effects were unknown it was impossible to understand what adequate precautions were required, so therefore are exempt from liability for any claim.

In a statement released to BBC news 24 it said: “When compensation claims are received they are considered on the basis of whether or not the Ministry of Defence has a legal liability to pay compensation. Where there is a proven legal liability compensation is paid.”

Bob Malcolmson remembers the explosions well and unfortunately will never be able to forget them as the effects have blighted his life since 1974, when he was diagnosed with polycythemia, a rare form of blood cancer linked to radiation exposure. He believes no action was taken to protect him and others, with his assignment to check the effects of radiation on radio equipment.

He said: “”The explosion was tremendous. They actually heard it in Australia 200 miles away from the islands. We turned our backs, covered our eyes with our hands. I had my eyes open and I could see the bones in my hands, even with my back to this thing.”

A new document releases under the Offical Secrets Act in 1953 re-opened the dispute over MOD liability, after it appeared to state intention, according to Rosenblatt Solictors representing the veterans, to expose them to radiation.

It reads: “The Army must discover the detailed effects of various types of explosion on equipment, stores and men, with and without various types of protection.”

However, Lorna Arnold, the official historian of the British nuclear tests, interprets this document differently, claiming the British government had no intention of carrying out tests on men.

Ms Arnold claims that section referred to tests carried out on models. These were placed in various positions at the test site, with instruments put on them to measure the amount of radiation and blast they received. This practice has been historically verified and is not under dispute.

Yet knowingly or not, hundreds of men had their lives ruined by being exposed to the radiation and with 50 more veterans dying each year, often from complications arising over the illnesses, the court’s decision to decide if the case can be brought in 2009, will come too late for some of them.

Related Articles

personal injury
Personal Injury Claims solicitors Our panel has leading personal injury solicitors who have years of experience under their belt,……Read More

instant injury claims
Personal injury claims We have an elite panel of personal injury solicitors who are all members of the law……Read More

making personal injury claims
Making a personal injury claim Thousands make a compensation claim every month after being involved in an accident which……Read More


Related News

26/11/2016
Woman pays compensation in glass attack
A Swindon woman has been ordered to pay compensation following her involvement in a pub glass fight last December.Kerry Ward must pay Jayne Hampson 350 in compensation after throwing three……Read More

26/11/2016
Soldier awarded compensation following injury
A soldier has been awarded 25,000 in compensation following a training ground incident in which he suffered an injury. Daniel Brosnan was discharged from the army for the dislocated right……Read More

23/11/2016
Suffolk man sues NHS Trust
An Ipswich man has secured a High Court writ against a local hospital due to medical negligence charges. Malcolm Wright lost a leg following a 2005 knee replacement operation, due……Read More

57)) event.returnValue = false;}function onlyAlphabetic(){//if ((event.keyCode < 48) || (event.keyCode > 57)) event.returnValue = true;if ((event.keyCode == 32) || (event.keyCode>64 && event.keyCode96 && event.keyCode 57)) || (event.keyCode == 32)) event.returnValue = true;//else event.returnValue = false;if ((event.keyCode < 48) || (event.keyCode > 57)) event.returnValue = false;}]]>
        Simply fill in the brief form below and one of our specialist claims advisors will be in contact with you very shortly. Name:
Phone:
Mobile:
Email:
Accident Type: Please SelectRoad AccidentWork AccidentMedical NegligencePublic Liabilitytrip/SlipOther
       

Our solicitors are accredited by the Law Society

NEWS
20/03/2017
Surgery abroad has personal injury risks claims survey
Surgery abroad has seen a rise in claims for personal injury following botched procedures according to a new study from……Read More

20/03/2017
Paramedic makes personal injury claim
A paramedic is suing an 82 year old woman for injuries he sustained whilst on her property. The paramedic was……Read More

20/03/2017
Seek help for work-related injuries, says physio expert
An expert in the physiotherapy industry has advised employees who develop repetitive strain injury (RSI) to seek help from a……Read More

Click Here To Read More News

RSS Feed

Inter Law is not regulated by the Department for Constitutional Affairs in respect of regulated claims management activities. We have no authorisation number and our registration is not recorded on the Department for Constitutional Affairs website www.claimsregulation.gov.uk

*Charges may be applicable in exceptional circumstances About Us :: Sitemap :: Contact Us :: Disclaimer :: Privacy Policy
Accident Claims :: Injury Lawyers :: Compensation Claims :: No Win No Fee :: Personal Injury Claims :: Whiplash Injury Claims
Work Accident Claims :: Medical Negligence Claims

© 2017 INTER Solicitors All Rights Reserved