Time Limits for Military Hearing Claims

What Is the Standard Limitation Period?

Under the Limitation Act 1980, personal injury claims in England and Wales must generally be brought within three years. For military hearing loss claims, this three-year period runs from the 'date of knowledge' — the date you first became aware (or should reasonably have become aware) that your hearing loss was connected to your military service and was significant enough to warrant a claim.

What Is 'Date of Knowledge'?

The date of knowledge is not necessarily when your hearing loss began, or when you left the Armed Forces. It is the date you first knew, or should have known, that:

• Your hearing loss was significant • It was attributable to your military service • It was caused by the MOD's failure to protect you

Many veterans only realise their hearing loss is service-related years after discharge, which can extend the effective limitation period significantly.

What Is the Recent MOD Settlement Scheme Extension?

In a significant development, the MOD agreed to extend the deadline for hearing loss claims under a relevant settlement arrangements. The deadline was extended to the applicable scheme deadline, giving veterans and serving personnel additional time to bring claims. This followed reports that the MOD could face liabilities in the region of £50 billion for military hearing damage claims.

Can I Still Claim After the Time Limit?

In some circumstances, courts have discretion under Section 33 of the Limitation Act 1980 to allow claims outside the standard limitation period. The court considers factors such as the length and reasons for the delay, the effect of the delay on the evidence available, and the conduct of both parties. However, this is discretionary and not guaranteed, so acting promptly is always advisable.

Why Should I Act Now?

Even if you are unsure whether your claim is within the time limit, it is worth seeking a free assessment. Many veterans assume they have missed the deadline when they have not. A specialist solicitor can review the facts of your case and advise on whether your claim is time-barred or still viable.