When an accident aggravates a pre-existing injury or health issue, how does it affect your claim for compensation?

294 questions have been answered below, why not ask your own?

In most cases, when someone has an accident that leads to them suffering a personal injury, it is a new injury, a new health problem and a new issue for the injured person to cope with. For some, a pre-existing health condition is affected. Whether it’s an injury that had been suffered in the claimant’s past or an ongoing health problem, it can still have a big consequence upon their day-to-day life, their ability to work, earn money and look after themselves or their family properly.

But if this condition or injury that is already present is affected by an accident, can the injured person still claim compensation? Can they hold the 3rd party liable for their situation even though they already had problems? And will it affect their settlement value for their claim for personal injury compensation?

It comes down to liability

When it comes to making a claim for compensation after suffering a personal injury that relates to a pre-existing injury or health condition, the most important element of the claim remains the same as with all claims for personal injury compensation. You must be able to demonstrate that the 3rd party are liable for the accident and should have avoided it happening in the first place. As a claimant, we don’t expect you to know how to work out if this is possible or how to go about proving it. It’s what we’re here for.  We can discuss the specifics of the accident in which your pre-existing condition was affected and advise you as to whether or not we think that you have grounds to pursue a claim for compensation on a no win no fee basis.

Settlement Values

When claiming compensation for a worsened pre-existing health condition or injury, it can be a little more complex when it comes to evaluating the level of compensation settlement you should expect to receive.  The claims process is the same however, as your solicitor will get your authority to access medical records and then instruct experts to assess you and write a qualified report evaluating the situation and impact that the accident has had. This will form the basis for your solicitor and the insurers defending the claim to discuss what level of compensation you should receive. It’s not always the case that you would get a lower settlement than someone suffering a fresh injury, indeed, it could be more, it all depends on the medical evidence available.

Don’t feel embarrassed

With particular reference to pre-existing health conditions, people who have had their situation worsened by an accident that was not their fault often feel reluctant to claim due to being embarrassed. For many people who have a form of disability, they like to live life privately and do their best to hide their health problems from the outside world. Many people feel (wrongly) that they may lose their job if their disability is discovered and learn to work and manage their health issues. However, when their situation is worsened by an accident, it can become more difficult to hide the problem and carry on as normal.

We’re used to handling these delicate issues and working closely with claimants to make sure that they have the confidence to pursue their legal right to make a claim for compensation, particularly after suffering an accident at work or falling in a public place.

Remember, if your situation has been worsened in an accident that was not your fault, you have every right to seek compensation for the distress, pain and effect that the outcome has on your life. Indeed, by making a claim for compensation, you will get access to further medical assistance that could well help you to recover to your usual level of activity more quickly than not claiming.

294 questions have been answered below, why not ask your own?

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Questions & Answers


  1. Sarah

    I had an accident 5 years ago, had small payout for my injuries as had to pay for all my physio myself which was appalling. I was off work for 18 months due to this from neck down to hip on my right side, it wasn’t my fault as I was stationary at the time the van hit me and tip car on its side. My passenger had broken ribs as well, my kids also was injured but it was too much for them at 9 years to keep going doctors, they were told to deal with it. The person in question killed himself apparently but I’m not sure, I still suffer as the day it happened which is causing problems for work mobility etc. I was just wandering is there anything I can do regarding this or is it a long shot?

    Reply
    • Ian Morris

      As you have already accepted a settlement for the claim you made, it would appear that there is nothing you can now do to obtain further damages.

      Reply
  2. Robert Bennett

    A final offer for my personal injury claim has been made following a hit and run RTA involving the police. I have been told by the appointed solicitors that I cannot make a case for more compensation due to an unintended error on the medical form.
    My injury has turned out to be a lot worst than first diagnosed. Basically the specialists ignored my requests from the start for an x-ray of some sort. I have now undergone a number of different procedures including an MIRI scan due to the increasing discomfort that I currently experiencing. Please advise?

    Reply
    • Ian Morris

      It is hard, if not impossible for us to offer any particularly helpful advice in this situation as your claim is being pursued by a Solicitor and they clearly have the full facts of the case at hand with regards to the advice that they are giving you.

      If you believe that they have handled your claim poorly – with special regard to the medical expert and medical report, you should make a formal complaint against them. Once that is done, if you remain discontented with their response, you could escalate it to the regulatory authorities and possibly pursue a claim against them for professional negligence if it is found that they have indeed not upheld your best interests in their work on your behalf.

      Reply
  3. Chris

    I suffered a lower back injury a few years a go that a claim was made successfully. The pain has started to come back in exactly the same place. Would I be able to get treatment paid for from this claim?

    Reply
    • Ian Morris

      Unfortunately, it is highly unlikely that you could return to the defendant who has already compensated you and seek further damages as you would most likely have accepted any previous settlement for your claim in a full and final settlement capacity. It would be prudent for you to make contact with whichever Solicitor practice you had instructed to represent you in your claim and discuss this with them.

      Reply
  4. Raheem

    Was involved in an accident where I was on a bike and the other party was to blame and accepted it, but it hasn’t been settled, it has been ongoing for the 3rd year now is that normal?

    Reply
    • Ian Morris

      Do you have a specialist Solicitor representing you in your claim? Whilst the majority of personal injury claims will be settled within 18 months, it is not uncommon for cases to take longer. In your case, you need to find out why there is the delay in this matter. If liability is admitted, then it is likely that the delay arises from the medical situation at the heart of the claim and agreement on the longer term consequences of the same.

      Reply
  5. Naomi

    I was in a car crash 12 year ago when I was a passenger in my friends car and he lost control. The car rolled and I had to go to hospital on a stretcher because I could not walk. I have been on the sick due to my bad back ever since and I was wondering if I could be entitled to compensation?

    Reply
    • Ian Morris

      Given that 12 years has passed since your injury, it is unlikely that you could now pursue a claim for compensation. If you are still under the age of 21 years, you could make a claim under UK law, but if not you are now statute barred as any claim must be made within 3 years of the date of an accident for any person over the age of 18 at the time of the incident.

      Reply
      • Shaju

        I was involved in a quite serious accident about 30 months ago. There nay have been debris on the motorway which caused my car to roll over from the fast lane to the hard shoulder. I didn’t suffer (or initially thought I hadn’t anyway!) any injuries and escaped with just a few scratches, although my head did hit the inside of roof on each roll of the car (maybe 4?).

        I made no claim for personal injury just the vehicle and I was paid by my own insurance. However, I am now wondering if that accident may have caused me mental health issues. Since then I have not worked, I have lost my business, cant focus and now suffer severe anxiety. I simply have not been the same person since.

        Am I eligible to make a claim?

        Reply
        • Ian Morris

          To make a claim for personal injury compensation, there are certain criteria that a claimant must meet to be able to do so.

          Firstly, the claimant must have sustained injuries in a non-fault incident and one where ‘blame’ or responsibility (negligence) can be attributed to another party.
          Secondly, the claimant must make their claim within 3 years (36 months) of the date of their accident or by their 21st Birthday if they were under the age of 18 at the time of the incident.
          Thirdly, the claimant must have suffered a sufficiently serious injury. In most cases, this would require medical treatment to have been provided by a qualified professional and for the symptoms of the injuries to have lasted in excess of 4 weeks.

          In your case, you have clearly suffered ongoing psychological trauma. However, have you discussed these issues with a Doctor and have they been linked directly to the road traffic incident you mention?

          The main issue you may face here is that there does not appear to be a negligent 3rd party against whom you could make a claim. You mention that you claimed for your car via your own insurance cover. As such, we can’t – at this stage at least – see how you or against whom you would make a claim.

          Reply
  6. Russ

    I’ve had a injury on my lower back a few years ago and underwent physio! Recently a car went into me at 70mph from behind, I’ve had normal whiplash injuries but as the days go by lower back pain is getting worse and worse to the point I have to lie on the floor and struggle to get back up! Can this crash be related to the pain I’m in everyday, and if so am I allowed to claim cause it’s severely effecting my life at the moment.

    Reply
    • Ian Morris

      Absolutely the pain would be linked to the recent motor vehicle collision. You really should be making a claim for compensation – both for the whiplash injuries you sustained as well as the exacerbation of (as well as any new injury) your lower back pain and mobility issues.

      Please call us on 01225430285 or we’ll call you back as it would appear that you have a valid claim.

      Reply
  7. Joey

    If I had some symptoms of PTSD prior to a medical negligence incident but only had the disorder diagnosed post incident, will my general damages be reduced because of the pre-incident symptoms?
    I had brief symptoms in February/ March 2018 but they soon disappeared leaving me symptom free and in a good state of mind at the time of the incident at end of May 2018.

    Reply
    • Ian Morris

      The pre-incident symptoms will be noted on your medical records and this could be picked up on by the defendant or indeed the medical expert.

      Reply
  8. Nicol

    I had severe psoriasis on my hands as a young child age 6. I was in constant bandages and my hands were always in a fist due to not being able to move them without pain. I was treat for the wrong diagnosis for years and was moved to different specialists at different hospitals. It was only when I was 14 that I was diagnosed correctly and received the correct treatment which cleared it up at age 16. Since then I gave always had weak wrists and fingers ache when straight die to being use to being in a fist. I am now 32 and have arthritis in my hands and alot of pain due to mistreatment for so long. Is there a claim I can make?

    Reply
    • Ian Morris

      For the scenario you describe, any claim would be one of an allegation of clinical negligence and would therefore need to be considered by a specialist clinical negligence Solicitor rather than an expert in personal injury such as ourselves.

      However, given the time that has lapsed since you were correctly diagnosed and now, it would appear that you are out of limitation and cannot now pursue any claim. Unfortunately, you would have had to pursue any action before your 21st Birthday.

      Reply
  9. Leroy

    I was involved in a road traffic accident 29 years ago which left me disabled in my left leg. I claimed compensation for this injury. Two weeks ago I started to feel a lot of pain in my right arm. I decided to go get this checked at the hospital, they performed an x-ray and informed me That my arm has been severely dislocated for a number of years and this could be down to the previous accident which hadn’t been picked up on. I have now been told I need a new elbow socket which they have said they won’t replace because of the nature of the dislocation and my age.

    Reply
    • Ian Morris

      There is a strong likelihood that your injury could be linked to the RTA in which you were injured 29 years ago. Unfortunately, though, UK law applies a strict claim limitation period of 3 years in which you must take action, so on that count you are barred from doing anything in terms of claiming damages for this newly discovered injury. Further, as you have previously settled a claim for this accident, the matter would be considered to be closed.

      Reply
  10. Claire

    Hi I don’t think I can make a claim as its gone on too long… I slipped over at a concert in a football stadium and damaged my knee however It was nearly 6 year ago I have had multiple operations on it and now have long terms issues with more operations to come

    Reply
    • Ian Morris

      You are right sadly. As 6 years have passed, you are outside of the legal claim limitation period. You needed to make a claim within 3 years of the date of your accident.

      Reply
  11. Samantha

    Can a claim be reopened, when you have settled not knowing or instructed regarding life long impact of initial rta?

    Reply
    • Ian Morris

      If you have settled your claim in full and final settlement, you cannot seek to reopen it.

      Reply
  12. Caroline

    Can things be added to an accident report 3 days later by someone that wasn’t there and is detrimental to the person who had the accident?

    Reply
    • Ian Morris

      Clearly, any such addition to an accident report should not be allowed as there is a clear risk that false information that would be likely to undermine legitimate action by an injured party would be added.

      If these actions have happened in a case that you are aware of, you should make an immediate written report of the same, outlining what has been added and by whom and mentioning that they were not present and provide this to the employer or business where the accident report was made. A copy of your written report should be retained as evidence.

      Reply
      • Caroline

        Thank you for your quick answer what happened my son slipped on a wet floor at work no “wet Floor “ signs where up which is stated in the accident report. He dislocated his knee and is undergoing hospital treatment. He had dislocated his knee before over 2 years ago which is what his company are trying to use against him as he had a support on that day.

        Reply
        • Ian Morris

          The fact that he had previously dislocated his knee is irrelevant in terms of whether or not the employer is liable. The only issue relevant to that is that a pre-existing injury will need to be taken in to account when considering what impact the new injury will have on his long term knee health.

          The key issue here is that it would seem that the employer has been negligent in not erecting a hazard warning sign.

          We would be happy to help him understand his rights and discuss a potential claim for compensation with him. He can call us on 01225430285 for help.

          Reply
  13. Stephen

    Should you wait until you are fully recovered before putting in a claim? I have fractured my tibia and fibula.

    Reply
    • Ian Morris

      In short, no! There is no need to wait for your full recovery to be made before you make a claim. Indeed, doing so could be detrimental to your claim and just prolong the process of reaching a point where you can receive compensation for any injuries sustained and more importantly, recovering any loss of income.

      The claims process will take time anyway, with it unusual to settle any claim, let alone one for injuries as serious as fractures to both the tibia and fibula within 18 months of starting the process. The time taken in the claims process will allow you to continue your recovery whilst the initial arguments about liability etc are discussed, so waiting for your recovery to happen first is pointless.

      Our view, and that shared by the specialist personal injury compensation Solicitors who represent our clients is that it is important to avoid delay in making any claim. Starting your claim at the earliest opportunity gives the best chance of obtaining the right evidence to support your claim and will give your Solicitor the maximum opportunity to ensure that your claim succeeds and that any settlement adequately reflects the pain, discomfort and expense caused to you by your injury.

      Reply
  14. Hannah

    A few weeks ago my partner was attacked whilst sat in his car with our four year old daughter in the back seat. He ended up in neurosurgery, he had several broken bones and bruising to the brain. In an attempt to protect my partner I eventually went over to attack the man myself, he then began to punch me.
    He was arrested and charged shortly after, he has since taken his own life because he didn’t want to go back to prison.
    Since the attack….. I have had several seizures, they were controlled and now because of the stress they are not, stress is my biggest trigger. I won’t go outside without my partner where I live, I just can’t go outside right now.
    My daughter naturally is traumatized and is under a child psychologist.
    I have just cancelled my holiday which cost me 2K, that was a little heartbreaking. I also had to take out a high interest loan to help whilst my partner is signed off work for a brain injury.
    Is any of the above taken into account with CICA or is it just physical injuries?

    Reply
    • Ian Morris

      The CICA is a government (tax payer) funded compensation scheme aimed to provide the victims of criminal assault, compensation for their injuries. Loss of income will be taken in to account, but only if a certain period of absence is met. It is extremely difficult to get the CICA to contribute to other out of pocket expense, but it can be done.

      As you have suffered emotional trauma (as well as some physical injury when being punched) as a witness to the assault of your partner, you, along with your daughter (who is also emotionally injured in this attack) can also make claims to the CICA to seek damages. It is important that your stress and anxiety/loss of confidence are discussed with your GP to ensure that your medical records reflect your current feelings so that there is medical evidence to support your claims.

      We can help with CICA claims on a No Win No Fee basis, but you can also make a claim directly by completing an application form.

      If you would like help to make a claim with our specialist Solicitors, please call us on 01225430285.

      Reply
  15. Mark Suter

    My mum had 2 car accidents 20 years or so ago and had compensation for this. However recently she has been told that her injuries are much worse than she was compensated for, it it possible for her to claim against the original claims even though she had received some compensation?

    Reply
    • Ian Morris

      Unfortunately, it is almost impossible to do anything regarding the previously settled claims and the level of damages she was awarded.

      Reply
  16. darryl

    I suffered a badly broken finger at my previous place of employment 5 years ago which required surgery and rehabilitation. I won a personal injury claim against my previous employer and was paid compensation. The surgeon assured me my finger would be like normal after physiotherapy, it isn’t, it’s very badly bent and iv lost nearly all movement in the top half and it’s getting worse – can I claim against the surgeon or hospital?

    Reply
    • Ian Morris

      If the surgery was conducted 5 years ago, you would be out of limitation to pursue a claim for clinical negligence.

      However, if the surgery was more recent, or you have only recently been aware of the ongoing issues with your finger, you may have grounds for a claim. This is something you would need to address with a clinical negligence Solicitor.

      Reply
  17. angela

    I had fall at work approx 16 years ago resulting in a back injury, i claimed against the company and felt pressured to settle as i worked in the same office with the business owners daughter, i was never offered physiotherapy to deal with the injury and still suffer from back pain to this day. The business has now closed down. Can i claim again from their insurance firm for lack of ongoing medical care?

    Reply
    • Ian Morris

      Unfortunately, it is highly unlikely that you can return to the claim that you previously settled. Whilst you may have felt pressured in to settling the claim it is unlikely that you could reopen it as you would have accepted whatever settlement you received in a full and final settlement agreement.

      Reply
  18. David

    My partner slipped down wet stairs at work Feb 19. She was in a lot of pain and was taken to hospital for her injuries. At hospital she was assessed and told it was bruising and only required painkillers (no x-ray). After a couple of months in major pain and time off work, going back and forward to hospital and her GP surgery they agreed she should have a x-rays. She has been diagnosed with having hip osteoarthritis and been told she will require a hip replacement in later life. She is 42 years old very fit and healthy and has never complained or had any knowledge of hip problems. Could her hip osteoarthritis be the cause of the accident? She is still in a lot of pain and can’t as yet.

    Reply
    • Ian Morris

      We are not medical experts, but it would be a reasonable assumption to link the nasty fall your wife had on the wet steps to the hip issue that has been identified.

      If your wife were to pursue a claim for personal injury compensation, a medical expert would be instructed to assess her, look at the medical records relating to the treatment given after the recent accident and then write a detailed report that would be able to draw any link between the two incidents in order to benefit the claim.

      Your wife can call us on 01225430285 to discuss her accident and possible claim should she wish.

      Reply
  19. Yeliz

    I previously made a claim and won, but now I have an on-going injury from that incident that I claimed for in 2016. Now I am suffering, can I make a claim again?

    Reply
    • Ian Morris

      You cannot return to claim further damages if you have already settled your claim. Any settlement reached at the time of closing the previous claim, would have been a full and final settlement and would not enable you to return for further damages now.

      Reply
  20. Kerensa

    Hi
    I had a serious car accident in April 2016.
    Full liability was accepted by other party… my car spun, rolled over & landed upside down with a lamp post coming through passenger side.
    I had multiple fairly minor injuries but basically pain down right side of body… particularly shoulder, thumb, neck, lower back groin & leg. Had initial medical report through solicitors medical expert saying recovery anticipated between 2-2.5 years. I had long standing neck problems which was massively exacerbated… previously I managed with occasional physio- no medication & took part in high level exercise.
    I saw several specialists for probs with my thumb & shoulder plus spinal & eventually had surgery for a severed ligament in hand and rotator cuff tear… also nerve ablation to neck & multiple steroid injections.
    5 months after my car accident & thoroughly frustrated about being unable to walk well, I asked physio re biking ( my previous hobby) he said to try it.. I couldn’t really turn my neck, had a hard splint on hand to immobilise my thumb & a high startle reflex! Despite the pain ( managed on bikecby lots of deep heat & ibuprofen) it felt great moving until I fell off… I didn’t go fast, but somehow fell bumped my head & had superficial graze to my shoulder. Got checked out at A&E & went home with mild concussion… no time off work & had a report from physio conforming no differencexwt all to shoulder function.
    Fast forward 2.5 years… still in chronic pain from neck shoulder, knees hand( all the areas injured in car accident) walking with crutch & more surgery imminent… finally went back for my second report & “medical expert” has put that all my surgeries & ongoing problems are as a result of falling from my bike!! Even my thumb which was immobilised & being treated due to the car accident! The car accident was high velocity, multiple impacts & I literally thought I was going to die (PTSD diagnosed & ongoing counselling). The bike was minimal.
    Since receiving report, I’ve been devastated… panic attacks all weekend etc- waiting for advice from solicitor, but ultimately it is from their medical expert.
    At a loss as to what to do & feeling beyond desperate.

    Reply
    • Ian Morris

      Medical evidence that conflicts with the heart of a claim is a big problem. Was the medical instructed by your Solicitor or by the defendants? What does your Solicitor say regarding the report?

      Reply
  21. Deborah

    About 11 years ago i had an accident at work had to go to hospital as i had a thumb dislocation, and February this year had to have an operation on my wrist to cut nerves to my thumb, due to this work accident.
    I have had constant pain since the accident and severe arthritis. The accident consisted of me stepping out of the back door of my work place and slipping really hard on algae that was covering the step and landing extremely hard on my thumb causing it to dislocate.

    Reply
    • Ian Morris

      The problem here is one of limitation. Under UK law, any claim for personal injury compensation MUST be made within 3 years of the date of an accident. Failure to launch a claim within that time frame will see the right to make a claim struck out under the statute of limitation.

      Reply
  22. Alicya

    Hi, I suffer from a back injury after an accident at work, 3 years ago. I have received on Medico-legal 2 years of accelerations existing spinal condition/degenerations. The problem is that I am in pain all the time. I am also waiting for a procedure C6, C7. Is this means that I will receive compensation for 2 years only or something more?

    Reply
    • Ian Morris

      When your claim settles, it will be settled at the appropriate value of ALL injuries you have sustained and the full impact that the injuries have on you (pain and discomfort) as well as the impact on your earning capabilities and incurred losses (special damages). Given the nature of the injury you have sustained and the fact that it has accelerated existing spinal issues, there will clearly need to be some consideration made by experts with regards to what value should be applied to your claim.

      Reply
  23. Anna

    I was in a RTA last week, the 3rd party went into the back of me, whilst I was stationary at traffic lights. I instantly had a headache at the base of my skull, the day after I had tingling in my arm right down to my wrist and its still like that now, it feels very heavy, I also have had bad mid back pain since the accident, my question is… Will I be able to make a successful claim having had previous back problems? The pain is in a new area of my back its mid back /ribcage area, but will my previous problem act as a barrier for a claim? I really am in an uncomfortable painful way at the moment. I have visited my GP and also asked for some physio. May I add the 3rd party has admitted liability.

    Reply
    • Ian Morris

      Your previous back problems do not prevent you from pursuing a claim for compensation further to the road traffic collision in which you sustained new injuries and exacerbation of your previous problem last week.

      You describe an accident scenario that would indicate that you are likely to succeed with a claim should you pursue one. A specialist Solicitor would instruct a medical expert to examine and interview you and then provide a detailed report explaining the impact of the accident on any pre-existing conditions as well as list and provide a prognosis for any new injuries sustained.

      Reply
  24. Faye

    Hi

    I’m september last year someone drove into the side of my car and admitted fault. I immediately suffered back pain which I reported. I was immediately offered £1700.00 but declined as in a lot of pain. I was offered physio of which I had 13 sessions. When that ended I was offered £3100.00. I did not accept as still suffering back pain and i asked if I could see chiropractor of which they said they need to see my medical records to see if any prior condition of which there isn’t. I have saw a chiropractor today who informed me that my spine is bent and this is something that I have had for years but the accident has triggered the pain and it will take months to fix. Will the insurance company pay for the chiropractor due to accident triggering the pain or will they just say pre existing condition even though I didn’t know and have never experienced any back pain previously to car accident?

    Reply
    • Ian Morris

      The defendant insurers may try to use the pre-existing spine condition against your claim and argue that the issue was not fully of their making. You should discuss this with your Solicitor and work on a plan to thwart any such move by them.

      Reply
  25. Terence Fowkes

    Can l claim after 3yrs when the accident is now causing me health issues after 3 yrs and 5 months ?

    Reply
    • Ian Morris

      UK law is strict in the claim limitation period being a maximum of 3 years from the date of an accident/injury in which you can take action. If the 3 years has expired, it does not matter how serious your symptoms and pain, you cannot take action.

      Reply
  26. scott

    I broke my hip about 14 years ago which I needed a pin put in place, after the surgery the surgeon explained he had put the pin in too far. The past year or so I had been getting a lot of pain and how after having to have time off work x-rays and ct scans it shows that the pin had caused a growth on my ball joint which has damaged the socket, this has also caused arthritis cysts on both ball joint and socket and a bone deformity and now need to have a hip replacement and now put on the list and awaiting for the surgery. I have been told I need to stop my job as a mechanic as the heavy work is no good even after the surgery. I was wondering how i go about this as this is all down to a surgery that happened when i was 12 years old and i am now 27.

    Reply
    • Ian Morris

      The situation you describe relates to possible clinical negligence and you do have a right under the UK legal system to seek redress and compensation from a negligent medical treatment provider if negligence can be established. In your case, claim limitation would start from the date that you became aware of the negligence so it may well be worth making contact with a clinical negligence Solicitor asap to discuss your situation with them.

      Reply
  27. Mic

    Hi I have fibromyalgia and chronic fatigue, diagnosed over 9 years and managed to maintain employment. I was recently involved in a car accident where the 3rd party cashed in the drivers side causing my condition to severely flare up and I am now off sick and pretty much house bound with little functioning. What are my legal rights in terms of claiming for the existing condition flare up? Thank you

    Reply
    • Ian Morris

      You can make a claim for compensation for the injuries caused to you in a non-fault car accident. If successful with a claim, our specialist Solicitors will instruct a medical expert with expertise in the injuries you have suffered and fybromyalgia to examine you, discuss your symptoms and then provide a detailed report to enable an appropriate value to be assigned to your claim.

      Reply
  28. Traci

    At my workplace we use roll containers to send product out side of the front doors of the store, my boss added 2 wooden shelves half the width of the three-sided aluminium roll container making it too heavy and tippy, she loaded it with bags of bbq brickets (about two small shopping cart fills for example). When I took it out the front doors down a small incline and up a small incline the roll container caught on gravel and came off two wheels, because it was so top heavy from the way the shelves were set up the weight was all off. I had both hands on it and I tried with all my strength to push it back up on four wheels but I couldn’t do it, so I pushed up as hard as I could and got out from under it and let it continue to fall to the ground. It left an instant bruise on my left hand, my left side took most of the weight, I reported the incident the same day my boss did not fill out the incident report. I ended up seeing a doctor who sent me for X-rays which resulted in mri of my neck and back.
    Neck results c3-4minimal disk bulge, c4-5 minimal disk bulge.
    C5-6 central disk protrusion.
    Back results multiple levels of lumbar spondylosis, sm central disk bulge at l4-l5 with mild lateral recess and stenosis.
    Resulting in a referral to a Neuro surgeon ( I’m still waiting to be seen).
    I never knew I had anything till this injury and never have been in so much pain I’m out of work and can’t go back to work till at least I see the Neuro surgeon, workman’s comp denied my claim.
    I’m feeling like calling a lawyer but don’t know if I’m just wasting my time. This is all new to me I’m lost and confused and in pain. I feel the work injury brought on something that stayed at bay till it happened, since I never even knew I had this stuff. They make it so hard to get help when people truly need it
    Help 🙂

    Reply
    • Ian Morris

      Under UK personal injury law, you would appear to have a very just and strong claim for workplace injury compensation. Your employer has apparently created a risk to health by their actions and loading of the roll container and therefore caused your injury. As such, they would be responsible for your loss of income, pain and discomfort and would have to pay compensation to you following the outcome of a claim for personal injury compensation.

      Please use the ‘start a claim’ page of our website if you would like us to help you further.

      Reply
  29. Tara

    I was hit by a car when I was 12, I have always had neck and shoulder pain since, my mother never claimed any insurance money for me, can I make a claim 28 years later?

    Reply
    • Ian Morris

      Unfortunately, your rights to pursue a claim for compensation are now statute barred as you are outside of the legal claim limitation period. UK personal injury law states that any person under the age of 18 at the time of an accident has until their 21st Birthday to take action with regards to a claim for personal injury compensation. The thinking behind extending the limitation period to 21 years of age is that the injured party then has 3 years at the start of adult life to exercise their right to make a claim should their parent or legal guardian fail to do so.

      Reply
  30. Tracey

    Hello I had surgery on my neck after being hit twice by inexperienced distracted drivers, despite the fact I had no previous damage prior to the no fault accidents, the insurance companies are trying to say I had pre-existing conditions that caused me to need surgery. My situation was I was physically assaulted 5 years ago – I had a concussion haematoma and stitches in my head. No bones were broken. Additionally I slipped on black ice 2 years later and went to get checked out as I had a slight head injury and left ribs bruised and muscle spasms in my shoulders. All tests showed no damage to my cervical or lumbar spine until after I was hit by the car then a year later I was hit from behind which made it worse and they are trying to say I had a pre-existing condition, when I clearly did not. I told them numbness or tingling I had was from stress aggravated muscle spasms and hyperventilating from stress.

    Reply
    • Ian Morris

      The issue here is that the defendant insurers will be acting on the basis of medical expert opinion, most likely contained within an experts report provided to them as part of your claim.

      Whilst you would not necessarily have felt any previous issues with your neck – other than the 2 traumas you mention – and you may not agree with the experts view, there is very little that can be done once an expert has given a view that somewhat undermines your view. Whilst you could seek a 2nd opinion medical report, it is unlikely that a 2nd report would be beneficial given that you would have to pay the cost of that (as you could not recover the costs of a 2nd medical report) and even if it were to contradict the 1st report, the insurers will argue that the 1st report still holds considerable weight.

      Reply
      • Tracey

        So the fact that the ct scan and x-rays showed no damage to the cervical spine, only head trauma and an elbow injury in the incidents that happened 2-4 years prior, they can still claim that my neck surgery was caused not by the accidents that caused the disc herniation bulges and tears that cause numbness and tingling as well as severe pain? It seems like the justice system just doesn’t work for the victim and that they go through quite a bit of trouble to avoid owning up to their accountability for the damages caused. Very sad. Really messed up my life and my children’s.

        Reply
        • Ian Morris

          We very much sympathise with your feelings and totally understand that you feel aggrieved at the current state of play with your claim. Of course, it is hard for us to comment fully having not had sight of the medical experts report, your medical records and the response of the defendant. The best course of action at this stage would be to liaise closely with your instructed Solicitor and if you do not agree with the findings of the experts report, do not sign it off. You need your Solicitor to get written explanation from the ‘expert’ as to why they have taken such a view given your perspective on the situation.

          Reply
  31. Amanda

    Hi I had a fall on a wet floor about 4 years ago hurting my knee this resulted in an injury claim being made against the company. This was settled without argument as was all on cctv. My question is since this accident I have had ongoing issues with my knee and now have moderate arthritis in it requiring replacement in due course. Can my case be looked at again or is it all done and dusted now?

    Reply
    • Ian Morris

      You cannot reopen a claim once a full and final settlement has been received.

      Reply
  32. Ricki

    I was in a work accident about 15yrs ago where coming out of a mine site in a bus we got hit head on by a 22t crane. It hit right where I was sitting and I got thrown across the bus and my back and neck was injured, it went through works comp and now these days every single day I get pain in my neck and back and I know it from that accident!! Can I still claim a pay out for it?

    Reply
    • Ian Morris

      UK law will not allow you to pursue a claim for the injuries you sustained 15 years ago. UK law requires that any claim for personal injury compensation be made within 3 years of the date of an accident.

      Reply
  33. Nicky Gibbins

    I have a pre-existing medical condition that requires surgery of screws putting into my lower back. Chronic spondylosis, weakness in back bone mass. I’m on the waiting list for this at my hospital as my surgeon thinks that I should have it done ASAP. At the End of March I was in a RTA and the young lad has accepted full responsibility. I’m in chronic pain and have got a new injury to my neck as well and receiving treatment from a Physiotherapist for that new injury .
    My lower Back condition has dramatically got worse and I’m having new symptoms and unable to work at the moment which is very distressing.
    Am I able to make a claim even with a pre-existing medical condition, as this has got worse?

    Reply
    • Ian Morris

      Although you clearly have a serious pre-existing condition, that will not prevent you from being able to make a claim. Following the road traffic accident in which you were injured in March, our specialist Solicitors would instruct a medical expert to interview and examine you, with sight of your medical records and provide a detailed report. The report would be able to ascertain the extent to which any pre-existing injury has been worsened and also note any ‘new’ injuries, such as that you mention to your neck.

      If you have been able to work and manage the pre-existing back condition prior to this road traffic accident, we would also seek to recover any loss of income caused by the worsening of your pre-existing back trouble and the new neck injury.

      Reply
  34. Robert

    Hi my husband sustained life changing injuries 35 yrs ago in a RTA at work. He never sought compensation. It was made clear if he claimed he would not keep his job so he never made a claim. Can he claim for injuries he suffered?

    Reply
    • Ian Morris

      Unfortunately, there is no way that your Husband could pursue a claim for compensation against the insurers of the vehicles involved in the RTA in which he was injured 35 years ago. UK Personal Injury law applies a strict claim limitation period to all claimants injured in accidents. The limitation rule allows all adults over the age of 18 years a maximum claim limitation period of 3 years from the date of an accident in which they can make a claim. If that period expires, the claimant is statute barred and unable to take action.

      Reply
  35. Irene

    I had pre-existing back problems prior to being involved in an auto accident where I was sitting at a red light lady was doing between 40-50 miles per hour maybe higher she never hit her brakes she said she thought light was green and she drove into back of my car after accident my back which never caused me to be in pain was then hurting constantly I ended up having a surgery on L3 L4 L5 S1 I had two rods and 8 screws put in lower back. My question is am I going to be screwed over on the pay out because of prior back injuries? I also have neck injuries and never had any and the accident also caused an ankle/foot/leg injury to be aggravated and the extreme pain I use to feel in foot years ago has returned and has been constantly hurting since accident

    Reply
    • Ian Morris

      Pre-existing injuries need to be accounted for when any claim for compensation is made after new injuries are suffered and any exacerbation of the pre-existing condition is caused.

      Whilst you may have had some pre-existing back trouble, it is unlikely that there is any relevance of that with the obvious high velocity trauma incident that has left you having rods and screws inserted in surgery, so I don’t think you need to be too concerned.

      Reply
  36. Sue

    Hi, I was involved in a car accident over three years ago and suffered a whiplash injury. My solicitor has now stated that A medical report from a specialist has said I can only claim for mild whiplash even though I am still experiencing pain and a lack of movement in my neck. The solicitor stated I can only claim for mild whiplash, due to the fact that I had a previous injury to my neck and since the accident I have had to undergo a mastectomy for breast cancer and breast reconstruction surgery. The specialist said that my recovery should have taken about two years.
    Please can you give me your opinion?

    Reply
    • Ian Morris

      It is always disappointing when an expert medical reports provides details that whilst factually and medically accurate don’t match with your own view of your health and well-being. In this case, there is very little you can do, although you should discuss your options with your Solicitor. Whilst you could seek a 2nd medical assessment, the risks of doing so are high. You would have to fund the cost of such a report yourself (as you wouldn’t be able to recover the expert report costs) and there is a likelihood that the outcome could be the same – gaining you nothing and costing you money.

      However, 2 years is a long period for symptoms for whiplash to be present and as such, the value of the claim could still be fairly high. We’ve an article on valid whiplash claims which might be of further help.

      Reply
  37. Mary

    What if I gave the wrong information doing a deposition but I have medical evidence that says the opposite can I recant my statement?

    Reply
    • Ian Morris

      Statements can be withdrawn and corrected, but any discrepancies in evidence given will give strength to the case that the otherside of any legal action.

      Reply
  38. Simon

    I suffered a very bad ankle sprain around 15 years ago in my works yard down one of the many potholes and claimed around £2500. However i am now off work due to arthritis developing and awaiting an operation for bone spure surgery and is very painful walking at the moment. My doctor says this has developed because of the accident so could i claim again due to this being a new issue. Thanks

    Reply
    • Ian Morris

      Unfortunately, not. You would not be able to reopen your old claim or now claim for the ongoing symptoms of ankle trouble.

      Reply
  39. Sabrina

    I am a certified nursing assistant. Back in 2014 I suffered a Taylar dome break in my joint and tore all cartridges and tendons, I also developed Arthritis from multiple injuries at work due to clutter, I twisted my right ankle back in 2017 and it required surgery. I had to have two graphs taken from my leg and on the outside towards that foot with two permanent screws on the same right leg. I had to have my Achilles tendon stretched, now the pain is getting worse and I am having trouble walking and I am permanently disabled with my ankles and I cannot walk very long before my feet try to give out on me.

    Reply
    • Ian Morris

      The injury that you suffered in 2014 would not be something that you could now pursue a claim for. UK personal injury law only allows an injured person a maximum period of 3 years from the date of an accident to make a claim. As such, the 2014 injury would now be statute barred and you cannot take action.

      You may however, be able to claim compensation for the ankle injury suffered at work in 2017 as that would still be within personal injury claim limitation.

      Reply
  40. Stuart

    I had to make a claim with my employer at the time and they admitted liability for the accident. I then saw a medicolegal professional today and during the appointment he said that there was a note saying that I had hurt my knee in previous months which is untrue as I don’t work with ladders or go on ladders at home as I have a fear of heights. There is not medical history backing up there statement either. Could you please give any advice on where I stand?

    Reply
    • Ian Morris

      If there is no medical history to show that you have previous knee injuries and no accident book entries to show that you have previously injured your knees at work, you do not need to be concerned.

      It would be interesting to know where the note regarding the apparent previous knee injuries came from and who provided it, but the medical expert you saw can only report on what evidence they have seen – your medical records, the accident report and interviewing/examining you.

      Reply
  41. Jen

    I have a condition called fibromyalgia and hidradenitis Supperativa both flare up when stressed and cause a vicious circle, I had an injury at work in January where I lifted a pallet by hand, we have no training or equipment and told by management to move them (20kg roughly in weight) I was called in the office after presenting sick note for no heavy lifting and was threatened to be sacked because of it, since my injury I have had a flare up of Hidradenitis and 9 weeks of antibiotics and it still won’t go, the constant pain from my back is stressing me out, stress is causing the HS to flare and because of both the fibromyalgia, can I include this in my injury claim?

    Reply
    • Ian Morris

      Yes, you can claim for the exacerbation of any pre-existing health conditions as well as claiming for any new injuries caused. The lack of training and inadequate equipment that you mention indicates that you may well have a valid claim against your employer.

      If you would like to find out more about your rights and how we can help you to make a claim for compensation, please use the ‘start a claim’ page of our website or call us on 01225430285.

      Reply
  42. John Williams

    Presently I have a claim for an injury at work liability has been accepted by my company but the medical evidence says I had a pre existing injury which I had no knowledge of or even symptoms. My work record shows I have never had any time off until this accident. I’m being penalised for an injury I didn’t know even existed, what do you suggest I should do before excepting any offers?
    As I believe that even though these are medical opinions there is still amount of guess work as injuries affect differently to each person.

    Reply
    • Ian Morris

      You mention an common gripe amongst claimants. Before an accident they are living a ‘normal’ pain free life and going about their business. They then have an accident which causes considerable pain and an ongoing issue that impacts on their day-to-day life. In most cases, someone injured in an accident will put any long term implications of mobility restriction, pain or discomfort down to the accident in which they were injured and assign full responsibility to that issue. However, when a medical expert conducts a detailed examination, they may well find that the injured claimant has a pre-existing age related or other condition that would, in due course have become an issue anyway and that it is not possible to state that the long term implications of injury were caused by their accident, but that the accident and injury caused has sped up the onset of any symptoms from the pre-existing condition. Of course, such an outcome from a medical is very unwelcomed.

      In your case, it would appear that the experts are saying that you would have suffered problems at some point and that the accident has simply caused an earlier onset of symptoms. As such, you can claim for that and claim for an exacerbation of symptoms but you cannot hold the defendant responsible for them in full.

      Your options now (as your Solicitor has probably said) are limited. You could instruct a 2nd medical expert to write a report. However, you would have to pay the cost for that and it may well be the case that a different expert comes up with the same expert view. If they do, you’ve simply wasted money. If the expert comes up with a report that contradicts the first, that does not necessarily help as the defendant will still argue that the first report should hold weight and it would have to go before a Judge who will decide matters.

      Reply
  43. Andy

    Hi
    I had a back injury in work in 2016 and i started the claim in 2017,I ended up with 3 Prolapsed discs and also told i have degenerative disk disease. after the first year i was on and off work till it got to the point works medical person said i am not fit for work and cant say when i would be so i had my job terminated due to ill health but now i have seen works insurance company’s medical expert and he has said my injury is trivial and i should have been fine after 3 months yet the last two years i have ended up with a numb foot and at least once a month i have a bad flare up and i am bed bound for days, but there medical expert has said its nothing to do with the injury i had ? can they get away with this and i have no claim ?

    Reply
    • Ian Morris

      The employers medical expert may not be ‘independent’ and as such, your Solicitor ought to consider whether their view is one that would be accepted by a court. Of course, the expert could be independent and his view could be accurate and your issues could be not accident related. However, given the severity of your symptoms and the impact on you, it would be worth consulting with your Solicitor as to whether or not you can instruct an independent medical expert to provide a report that may be more beneficial.

      Reply
      • Andy

        Thanks for the reply Ian.
        My independent report that was done in 2017 said somewhat the same but he said i could have gone years before showing any signs of problems and this injury made things worse. But works independent in 2019 did not agree and as i said in 3 months i should have been fine and the rest of the two and bit years is nothing to do with the injury. I have ended up with depression due to all this and losing my job and so on. I just worry now that i will end up with life time of pain and get no compensation that reflects how my life is now.

        Reply
  44. Donna

    I am in the process of settling after a driver ran into the back of me. However, I have had a previous accident that exacerbated an anxiety condition I suffer from. The present accident has made this worse. If any driver is behind me closely while I am driving I have to pull over as I feel very anxious and have suffered panic attacks. In my previous job I drove from patient to patient. I changed my job because of this to a management position as I would be driving a lot less, but I still have to drive to assess patients and monitor staff. My anxiety has increased enormously within the past week, and it does affect my job as it takes me longer to complete my duties. I have already sent the paperwork off to settle but I am now wondering if I should have mentioned this before settling. What do you advise?

    Reply
    • Ian Morris

      The exacerbation of a pre-existing condition or injury, whether physical or emotional (such as anxiety) is relevant and could have formed the basis of your claim.

      Whether you could now withdraw your agreement to settle and seek to have the damage to your anxiety issue included is unclear. You should speak to your Solicitor regarding this urgently.

      Reply
  45. Susan

    Hi, 3 months ago I badly injured my left shoulder at work. I was carrying a bulky parcel upstairs. I slipped and fell heavily on the stairs. I rang my supervisor to say what had happened and she said that I had to fill in an accident report which should be in my work file. I could not find the form I kept ringing my supervisor. So 3 months down the line I still haven’t received the form and today 29/03/19 is my last day of employment with this company.
    I am in constant pain which starts in my shoulder the pain radiates down my arm and the pain will shoot up through my shoulder into my neck and into my face and head.
    I am on strong pain killers prescribed by my Doctor. I am also waiting for treatment from a physiotherapist.

    Reply
    • Ian Morris

      To protect your interests, you should email your company advising that despite your repeated requests, you’ve never received the accident book to complete and you should also outline again, the details of the accident and your injuries.

      You would have a right to claim compensation – even if you have left the company, but only if you can identify a hazard or act of negligence that caused you to slip.

      Reply
  46. Serena

    I think it’s quite disappointing that you can’t reclaim again after a period of 3 years regardless whether you may have settled or not, because sometimes you start developing more symptoms related to that accident that wasn’t apparent when you made the first claim. In theory people are being ripped off as I know I’m one off them whose daily life has been affected so much that I can’t work due to the pain. Still constantly going to the doctors trying to find out what is going on with me, they say it’s musculoskeletal pain which can be any disorder, and I personally just don’t think it right that one person can get away with causing so much damage. Regardless of the outcome 3 years ago it should be able to be reopened.

    Reply
    • Ian Morris

      The law simply does not afford such a right. There is a strict 3-year claim limitation period. The 3-year limitation issue should not be a problem for any person represented by a specialist personal injury Solicitor as they will ensure that the claim is only settled on the basis of a detailed expert medical report that will take in to account the long term implications of injuries caused in an accident.

      Reply
  47. Charlie

    I am I am a 65 year old male on social security disability, recently I had a slip-and-fall at McDonald and aggravated my old back injuries along with other injuries. Can I file a claim for compensation? At the main entrance to the bathroom there was a wet floor sign, however in the handicap stall separated from the main bathroom there were a leak around the toilet, no wet floor sign near the leaking toilet.

    Reply
    • Ian Morris

      The provision of a hazard warning sign is an important physical warning that there could be a slipping hazard present. However, simply placing a hazard warning sign out doesn’t in and of itself prevent a business or organisation from being liable if someone then goes on to slip and suffer injury.

      A hazard warning sign needs to be erected in the correct location, clearly visible and it should mark an obvious hazard. In your case, you mention that a hazard sign was erected outside of the toilet entrance but that you slipped within the confines of the disabled access cubicle. Given that the floor of that unit was wet because of the toilet leaking, it would be reasonable to expect that the toilet in question was repaired or put out of use until repair, or at the very least, that a warning sign was erected in an obvious position within the actual toilet.

      With this in mind, my initial view is that you may have a valid claim for slipping accident compensation. This is something we would like to look further in to for you and as such, please call us on 01225430285 or use the ‘start a claim’ page of our website to get in touch.

      Reply
  48. Leesa

    I had a CT scan in 2014, I didn’t hear anything back from go, so thought everything was ok, yesterday I went to doctors with pain an numbness down right arm and was told then it’s because of results from CT scan in 2014. I said no ones told me anything regarding the scan, now I have to see spine specialist, maybe surgery. I’m so angry.

    Reply
    • Ian Morris

      You describe a possible case of negligence on the part of your Doctor. Any person who becomes aware of a possible negligent period of care from a medical professional has a legal right to claim clinical negligence compensation. However, such situations require a specific and genuine expertise from a clinical negligence Solicitor. As such, you should make contact with such a specialist at the earliest opportunity.

      Reply
  49. Lucy

    I had a RTA in nov 2016 I suffered terrible back pain since also a damaged shoulder…
    I’ve had loads of test scans and seen many doctors … at first they couldn’t understand why I was still in so much pain and diagnosed me with fibromyalgia. I wasn’t convinced I had this as the only pain that was causing me so much distress was the pain in my spine.
    They’ve now done a bone scan and found out that I have osteoporosis which is now at a high risk stage. I had the odd back ache before the crash I’m 52 so wear & tear is expected … but what is your opinion on me claiming damages?

    Reply
    • Ian Morris

      You will be entitled to claim compensation – as long as you were the non-fault party in the road traffic accident in which you were injured.

      The fact that osteoporosis has been identified and the fibromyalgia issues will be taken in to account when considering the appropriate level of damages that you would be entitled to should you succeed with your claim for compensation. Of course, you would not be able to attribute naturally occurring conditions such as osteoporosis to the road traffic accident in November 2016.

      To this end, during the claims process, a specialist Solicitor would arrange for a medical expert to asses you with sight of your medical records, scan and test results and then provide a detailed report that would provide the basis for the valuation of your claim for compensation. In most cases, a medical expert dealing with a report that has an identification of osteoporosis will provide a view of the acceleration of the symptoms caused by the osteoporosis as a result of the car accident. For example, the expert may state that you would have suffered the pain and symptoms of osteoporosis anyway, but that the road traffic accident has accelerated your symptoms by 2 years or 5 years. If so, your Solicitor will then be able to form an appropriate valuation of your claim.

      One final point, given that your accident was in November 2016, your 3 year claim limitation period will expire in November of this year. As such, if you have not already pursued a claim for compensation, you need to act urgently.

      Reply
  50. Kyle

    Hi there. My name is Kyle. I am 30 years old. I had an accident when I was 15 years old. I was playing rugby I got tackled and broke both bones in my leg right through. I went into hospital and they just out dry cast onto it and didn’t operate till the next day. By this time I had performed compartment syndrome. I ended up in hospital for a long time. Having a lot of operations. And having muscle implant and my ability to play sport taken away. I was very good and could of mad it far. My nan started a claim but stopped it cause she couldn’t afford it. I always tried to shut out the pain but now I want something back. I’m getting older and my legs getting worse. Any how I could claim in any way at all. I have a lot of proof with loads of stuff.

    Reply
    • Ian Morris

      Sadly the time has long since passed in which you could make a claim for compensation. UK law affords a strict claim limitation period of 3-years from the date of an injury in which you can make a claim (or 21st Birthday if you are under 18 at the time of an injury). There is no mitigation for this and therefore, you will not be able to make a claim.

      Reply
  51. Clive

    I was assaulted 20 years ago by 3 youths causing me a shattered cheek bone broken teeth and nose and many lacerations to my face, Neither were sentenced due to not being able to prove which one actually did it? I was told I would receive compensation but for one reason and another I didn’t proceed with the claim, I’m just wondering if I could now?

    Reply
    • Ian Morris

      Despite the awful incident and nasty injury you have sustained, there is no likely prospect of you being able to now commence a claim. Claims for criminal injury compensation must be made within 2 years of the date of an assault and full cooperation must have been given to the Police to enable any claim to proceed. Claims such as these are made via the Criminal Injuries Compensation Authority (CICA). Sadly, we feel that the CICA would simply reject your claim given that 20 years has passed since you were the victim of an assault.

      Reply
      • Clive

        Appreciate your time, it was worth the chance.

        Reply
  52. Alex

    Hi,
    I am just about to settle a claim, that they say I do not have enough evidence, on going for 3 years.

    Their doctors assessment stated that a car accident would not cause lesions on the brain.

    I was claiming that the accident caused a relapse and an existing minor drop foot I had is now progressed to disabled for life.

    Is this right?

    Reply
    • Ian Morris

      It is very hard to advise on a claim that is already underway and where we do not fully understand the initial claim or what the contents of a medical report states. As such, you really should liaise with your specialist Solicitor to discuss this in detail.

      Reply
  53. Simon

    I was hit from behind in 2016 driver has admitted liability I have had lower back and muscular problems ever since the accident (no back problems before hand and nothing on my medical records) I had a mri scan which highlighted a dehydrated disc in my lumbar vertebrae and the medical professionals report is saying my muscular problems etc would have happened in 6months even without the accident taking place Im struggling to digest these claims by the medical expert and I’m being pushed by my solicitor to settle the claim but I do not feel this is the right thing to do any advice would be much appreciated is there anything I can do to contest this.

    Reply
    • Ian Morris

      The issue you raise is a commonly raised one. Sadly, there is very little you can do to refute the evidence of a medical expert and as such, your Solicitor is the best person to discuss any further options with.

      Reply
  54. Richard

    Had accident in 2015, could i still claim?

    Reply
    • Ian Morris

      You could only make a claim for an accident that happened in 2015 if you are still under the age of 21 years. UK law would only allow you a maximum of 3 years from the date of your accident to make a claim – unless you were under the age of 18 at the time of your accident.

      Reply
  55. Clive

    Hi, in may this year I had an accident at work which has at times left me with severe back pain. Around Christmas last year the company decided to move our work stations into an office. Things seemed fine and workload was increasing, due to this in may I was asked to do a quick repair on some else’s job so moved from my normal place approximately 1.5m to the right to carry this out. After I’d finished I went to get up out of my wheelie chair but the wheels stop on electrical socket cover on the floor and my top half whiplashed to the left. Initially I thought nothing of it as put it down to one of those things do didn’t report in accident book, as time went by pain increased and have been of work since mid June. I’ve had 2mri’s one in August, got report last Monday which means nothing to me, the received a call from hospital on Thursday to have another one. Whilst there I did ask the radiologist what report ment. She did mention degenerate changes but some other stuff was in there that only dr who requested mri can tell me, I’m not due to see him till November. I started a claim against employer(no win,no fee) as I do not think there was any risk Assessment done with these socket covers being slightly raised as at Christmas it was quite rushed to get us all on that converted office. Where do I stand as this really is getting me down?

    Reply
    • Ian Morris

      Have you spoken with a specialist Personal Injury Solicitor as of yet? If not, we would suggest that you use our ‘start a claim’ page to make further contact with us. We can then present the scenario you describe to a specialist Solicitor who can consider whether or not you can make a claim against the employer. Certainly, from what you have said, it would appear that there is a case to look at.

      Reply
      • Clive

        As I say above I’m with a no win no fee, who do not seem very personal, hence why I’m getting down about this. Employer has denied liability by saying that I hurt my back at work moving heavy cabinet and not how I described. I have since received risk assessments for office and none was done during or after it was converted to a workshop. I do have photo of where chair In relation to socket, which I’m informed should be either under desk or in walk ways.

        Reply
  56. Sharon broadie

    Hi my husband suffered a very bad accident 15 years ago he’s suffers from mental health I think the accident caused this can he make a claim or are we too late? he had to have a lot of surgery due to the accident.

    Reply
    • Ian Morris

      UK law would not allow you to pursue any claim for this situation as you are outside of the maximum claim limitation period of 3 years since the accident.

      Reply
  57. Garry

    i had accident at work in the early 1990s, i was a binman on sandwell council. we were not shown how to pick bins up so i had to take early retirement not worked since. i have had two operations on back i need another one but i have been told it could be dangerous for me and leave me in a wheelchair, i know its a long time.

    Reply
    • Ian Morris

      Sadly your claim limition period has finished and you cannot now seek to make any claim against your former employers, even though it would appear that they were negligent towards your health and safety at work.

      Reply
  58. Lilian

    I worked in an Air freshener factory about 25 years ago. Since then I have had asthma and sore eyes. We wasn’t given any kind of ppe. Is it to late to make a claim?

    Reply
    • Ian Morris

      If your symptoms developed more than 3 years ago, you would be out of limitation and unable to do anything.

      Reply
  59. John

    I had a head on collision last January which the third party has admitted liability, it resulted in me having back pain from the start which forced me to take 5 weeks of work and a reduced work load when I was working. Then in April last year my back went completely lifting a manhole cover, one I’ve lifted no problems many times before. I’ve had two MRI scans that both show a prolapsed disc I’ve also had an injection into my spine and now on the waiting list for surgery. I was seen for a medical organised by my solicitors and was told the RTC would have not caused my prolapsed disc so expect a fight from the other side.

    Reply
    • Ian Morris

      It would be extremely difficult to prove causation in this situation – that is to prove that the road traffic accident in January caused you to sustain a prolapsed disc.

      Reply
      • John

        Thanks for your reply, can I ask for some advice, should I take what they offer or go to court and fight for a bigger pay out ? It’s just I’ve lost a lot due this this injury I had to give up my franchise, my car etc and my quality of life has pretty much been terrible.

        Reply
        • Michelle

          I had a rear end car collision in April 2018. I suffered whiplash to my neck and shoulder. I have been dealing directly with the insurance company. They have offered me £3200. They sent me for 2 medical. The latest one said that he thinks I need further physiotherapy sessions as still have not got full movement of my shoulder. He stated that he believes I will be well again approximately 9 to 12 months after physio. This will make it around 2 years in total. Should I take the £3200 or do you think Its worth taking it further. Insurance have said they will not go above £3200. They have also offered me £370 to pay for my own physio.

          Reply
          • Ian Morris

            The issue you face is a common one that faces any person that pursues a claim directly with an insurer rather than via a specialist personal injury Solicitor. Indeed, there is a clear benefit to having your road traffic accident compensation claim managed by a specialist Solicitor.

            It is impossible for us to say whether or not a specialist Solicitor would be able to achieve a higher settlement, but anecdotal evidence and experience would indicate that it would be likely that an expert Solicitor would ensure a higher settlement outcome for you. The offer of £3,200 would (at face value) appear to be reasonable, albeit at the lowest end of an appropriate value range in this scenario.

          • Michelle

            Thank you very much for your quick reply. I need to really think about what to do next.
            Thank you again.

  60. Sophie

    My partner had a car accident in 2006, he had mental health issues and never pursued a compensation claim even though his whole arm was amputated at the scene of the accident. He was in talks with a solicitor but because of his mental state at the time nothing came of it. Is it possible the claim coUld have gone ahead without his knowledge and the solicitor keep this from him? The solicitor in question is no longer practising. Can anything be done now as I’m aware the time limit is 3 years.

    Reply
    • Ian Morris

      It is almost impossible that any Solicitor could or would pursue a claim and then hide the outcome from a claimant. Unless your partner signed any claim funding paperwork and formally instructed the Solicitor, nothing would have happened.

      Reply
  61. Jane

    Hello I’m currently pursuing a personal injury claim through a solicitor I was ‘sent’ to by my insurance company. I was a front seat passenger teaching a learner driver (I’m a qualified instructor) and we were struck whilst moving on the drivers side rear of the vehicle by an unlicenced driver. I have a history of chronic back pain episodes and was in a ‘healthy’ period when this collision took place. I initially had headaches, neck, back, hip and knee pain. I developed strange sensations in my arms and legs, tingling, creeping and sometimes heat which has now ‘settled’ into sciatica in my right leg. My current representatives don’t think there’s enough evidence that my current symptoms are related and feel that as I have a pre-existing condition, sooner or later a medical expert will put the sciatica down to that. They are about to refer me to an orthopaedic surgeon. I feel like I’m fighting a battle with them when they are supposed to be representing me. Should I stay with them or do I have an option to move my case to yourselves?

    Reply
    • Ian Morris

      You do have an option to switch your claim to a new specialist Solicitor, but in the circumstances you have described, it is unlikely to have a material impact on the outcome of the claim. The best course of action in all cases is to try and work with your existing Solicitor. The medical expert may provide supporting evidence that enables you to claim in the manner you wish and whilst you are frustrated at what you have heard from your Solicitor, you must remember that they are being honest with you and working within the law and legal framework.

      Reply
  62. Luz

    I had a car accident few years ago and it was not my fault. I had both off my knees injured. I had surgery on one knee, but still have pain when I walk or when I sit for too long. The person driving the other car did not have a drivers license and did not get injured.

    Can I still claim compensation? I did not get too much back then and I live with pain.

    Reply
    • Ian Morris

      UK personal injury law would not allow you to return to claim a 2nd time – if you have already made a claim for compensation after your car accident and received a settlement, unfortunately you cannot seek further damages.

      If you have not already claimed, you could make a claim for compensation – but as long as your accident was less than 3 years ago.

      Reply
  63. lee

    Hello Ian,
    I had a fall in 2017, tissue damage to my arm and foot and damage to my knee, I was unable to walk the dog or go to the gym after the incident.

    I had 8 sessions of Physio but it did not help, 8 months later I had an operation on the affected knee, they found PVNS lump and degenerative wear, arthritis within the knee.

    I still have pain and struggle to carry out the things I used to, like going to the Gym.

    The surgeon said the degeneration in the knee is likely to have present prior to the fall and is likely to be longstanding, but the knee was not troubling me before and has become problematic following the fall and has worsened the symptoms of the pre existing knee degeneration. At some point I will require a knee replacement.

    What kind of value would you associate with such a claim If I decided to peruse ?

    Reply
    • Ian Morris

      I am afraid we simply cannot assign a value to your claim at this stage. Whilst you have described accurately what your Surgeon has said, it is impossible to know what the contents of an experts medical report would state with regard to the degenerative element of the injury and the element of trauma. Therefore, it would simply be dishonest to offer you a settlement valuation. We do have an article on knee injury claims which might provide some more info.

      What I can say is that there is certainly sufficient damages in your claim to warrant making a No Win No Fee claim for compensation. To know whether or not you have a valid claim for compensation, we need to know what caused you to fall. Can you elaborate on that?

      Reply
  64. Gavin

    Hi I had an accident at work possibly 5 years ago I received compensation at the time but I still struggle with the injury I sustained do I have a re claim opportunity?
    Thanks

    Reply
    • Ian Morris

      UK law on claiming personal injury compensation would prevent you from returning to seek further damages.

      Reply
  65. Dave

    Hi I’ve slipped on mud on a dark car park and dislocated my knee. I have ongoing issues with my knee having done this a few years ago. Can I claim for this new dislocation? Also cut my hand open on Brocken bottle I was also carrying.

    Reply
    • Ian Morris

      Before we can advise you as to whether or not you have a valid claim, we would need to see some photographic evidence of the car park and know more about where you were walking and whether the mud upon which you slipped is something that you would be able to hold the organisation responsible for the management of the car park, liable for.

      Reply
  66. Eric

    Hi its been about 10 years since the accident I slipped and fell at work, hurt back left side of back. Started a claim but now I have damaged vertebrae and slipped discs which is causing sciatica. Can you help?

    Reply
    • Ian Morris

      We would not be able to help as UK law would require you to make your claim within 3 years of the date of your accident.

      Reply
  67. Paul

    Do you do no win no fee?

    I had an injury I claimed for over 2 years ago. I do sport and fitness workout. The injury still causes me pain. Can I still claim against the third party?

    The annoying thing is that the solicitor did not give me what was agreed by the third party. I was under claimed.

    Reply
    • Ian Morris

      Yes, Direct2Compensation only work on a No Win No Fee basis and manage each and every claim in such a way. With regards to your situation, you cannot make a claim if you have already pursued and settled a claim.

      You mention a possible issue you have with your Solicitor. To that end, you may have grounds to make a professional negligence claim against your previous Solicitor, but you have to act quickly as any claim must be made before your limitation period expires.

      Reply
  68. Christopher

    I had the MRSA infection on my left knee when I had a knee joint replacement in December 1999, i have had a further replacement in 2002, I have been under the hospital since, now I may have to have another operation which is very risky. Am I to late to claim for hospital negligence?

    Reply
    • Ian Morris

      Under UK personal injury law, you will be outside of the statutory claim limitation period. This is strictly set to require ANY claim to be made within 3-years of the date of an injury or the date you became aware of possible negligence. In your case you are sadly out of time.

      Reply
  69. Liza Double

    My partner had a car accident 14 years ago and fractured his femur. He was compensated for this but he now has a bad back and has had spinal surgery last March 2018. His GP (a back specialist) requested an MRI in January 2019 as he is of the opinion that he could have suffered a slight trauma to his cervical spine during the accident and this is in fact the cause of his back problems and the MRI confirms compression on spine. This has got worse over the years but the main cause of it could have been the trauma from 14 years ago. Can he make a claim?

    Reply
    • Ian Morris

      UK personal injury compensation law applies a very strict claim limitation period of 3-years from the date of an accident in which any claim for compensation must be made by the injured party. Failure to take action in that 3-year period will leave the claimant statute barred and unable to act. Therefore in this case, we do not see that your partner can take action.

      Reply
  70. sylvia

    I fell off a rotting picnic bench last August- I have previous stenosis and now have found out that my spine is worse than thought after an MRI- I was doing very well before the accident- having had steroid injections and ablation to my nerves near the site in May 2018 – I had 2 jobs both self employed- since a week after the accident my life has fell apart gradually over the last 5 months – I cannot work and I even have to employ a dog walker- I have to shop online for everything and cannot get out as I can only walk so far – I am very upset as I now have to wait for the Pain team appointment and that could take another 14 weeks- will my pre existing condition affect compensation? Liability has been admitted by the place I fell off the bench – the specialist I saw on Wednesday this week admitted the fall would have not helped my condition at all – thank you.

    Reply
    • Ian Morris

      Where you say you fell off a rotting picnic bench, do you mean that the bench broke because of the rot and that caused you to fall and suffer injury? If so, you may well have a valid claim for compensation.

      We would need to speak with you to find out a little more about the incident, the location of the picnic bench and ideally view some photographs of the offending bench as this will enable us to make a more informed judgement as to whether or not you can pursue a claim for compensation.

      Reply
  71. james

    Would I not be able to claim against my employer as they never gave me any assistance?
    Could I not claim against the union solicitors who kept me waiting for 2years and six months, and then told me that they could not do any more as the person that owned the property was not responding to their letters?
    I could not take it to another solicitor as I was told that the timescale was too short for a no win no fee case.
    The owner of the property had changed all the lighting in the building the next day for me not to be able to have a claim.
    Even my boss sent my royal mail shoes to a lab to be tested so royal mail would not pay compo.
    Is there any hope that I can claim against anyone as I cant work again after the industrial injury?

    Reply
  72. james

    I had industrial injury in 2003 that has left me disabled, my employer and their solicitors did not give me any compensation and the person who owned the property has now passed away.
    I have had serious health issues ongoing after this accident. Would I be able to claim off my employer or is it too late?

    Reply
    • Ian Morris

      Sadly I must give a disappointing view on this to you in that my view is that the claim limitation period has now passed and you cannot take any action.

      Reply
  73. Rob

    Afternoon,

    I was knocked off of my moped in March 18 and the other party accepted full liability, I was riding on the main road and she came out of a side road and hit me head on.

    I am mid claim with another solicitors but they haven’t contacted me since October despite my emails asking for an update.

    I’ve been in a lot of pain with my back and am on a lot of medication (23 tablets a day of Lansoprazole, gabapentin, naproxen, amitriptyline and tramadol, plus a morphine patch), I’ve recently had an MRI and found out the results today, I have a dehydrated disc (Degenerative Disc Disease) and a disc slightly bulging. In your experience would any of those be classed as a pre-existing condition brought on by the accident or would it continue as a new injury? And as it’s an issue that can’t be fixed and is a lifelong condition, what would that do to my compensation?

    Also, is it too late to change solicitors as mine have given me 3 different solicitors and their GP lied in my med report, they haven’t filled me with confidence.

    Any help you can provide would be greatly appreciated, thanking you so much in advance.

    Kindest regards

    Rob

    Reply
    • Ian Morris

      It is not too late to change Solicitors. However, switching Solicitors should be a last resort and whilst your Solicitors certainly appear to have been poor in their handling of your requests, it does not mean that you should yet switch Solicitors. In the first instance, if you are unhappy with your Solicitors (lack of updates, failings etc), you should make a formal complaint to them and give them a final opportunity to rectify their errors and sort the matter out. Their complaints procedure should be available on their website (or by request) and by making a complaint you are likely to get the matter sorted. If they are unable to satisfy your concerns during the complaints procedure, you should then seek to switch Solicitors.

      The pre-existing problems found in your spine by the recent MRI scan are likely to be considered during the claim. Whether they are taken in to account with regards to your claim will depend on whether the injuries/symptoms that you are claiming for are unrelated or not to these pre-existing issues. It may be that medical experts take a view that your pre-existing conditions and severity of symptoms have been sped up by the accident, in which case your compensation will reflect this.

      Reply
  74. Carley

    Hi, I recently got hit by another driver, he has taken full responsibility. I had a bulging disc in my back well over 20 years ago, as it was such a long time ago do I need to tell them about this during my medical examination?

    Reply
    • Ian Morris

      The first question to ask in answer to your question is whether you are being represented by a specialist road traffic accident compensation Solicitor with your claim? If so, it is important that you disclose your previous health problem to them ahead of the medical and obtain their advice as to whether it will be relevant given the length of time that has passed since then and now.

      If you have not instructed a specialist Solicitor to act for you, it would be wise to seek the services of a suitable expert in this area – such as our firm. It does not matter if you have represented yourself to date, you can still instruct a Solicitor to take over for you. The benefits of having a specialist Solicitor representing you in a claim against a car insurer are clear and the outcomes reached in claims where Solicitors have acted versus a claimant acting for themselves are known to be far more beneficial.

      If you would like any further help with regards to making a claim for road traffic accident compensation, please call us on 01225430285

      Reply
  75. Lisa lunt

    My Husband was involved in an RTA nearly 3 years ago. He does have a solicitor (currently this is his 4th Solicitor) but my husband has just found out that he has a pre-existing medical condition which he knew nothing about before his accident. He has not been able to work since the accident – both his and my life is down the toilet now as he will never work again. He is now in constant pain in his right shoulder, neck and lower back.

    His Solicitor wants him to accept an offer of £3750! His disabled mum is trying to help us survive – please, if you can help we’re at are wits end. The accident was not his fault.

    Reply
    • Ian Morris

      The fact that an offer of settlement has been made (regardless of the rather low value) does prove that the accident was not the fault of your Husband. However, it would appear that medical evidence obtained (we assume from an expert medical report and various scans and investigations) does not support a claim that the accident itself has lead to the situation in which your Husband now finds himself in constant pain and unable to work. Indeed, the defendant insurers have clearly latched on to the fact that a pre-existing condition – albeit unknown to your Husband – was present and that as a result, he would have ended up out of work in due course due to this anyway.

      As you can imagine, such evidence could well make it extremely unlikely to obtain a level of compensation that you had perhaps previously expected to have received.

      Have you sought written explanations from your Solicitor as to why the currently settlement offer of £3750 is the best outcome given the situation? You should ask your Solicitor for supporting Counsel opinion and ask why they are not willing to go before a Judge to seek a higher value settlement.

      Reply
  76. Jim

    I have a rare condition which effects my connective tissue. My shoulder dislocates regularly and I have joint and back pain daily. My partner and I were t boned and we both now have lower back pain. On top of this my shoulder is far more tender and I’m waking up with pain from dislocation in my sleep. Is my condition likely to hinder a personal compensation claim? The other driver has admitted full liability.

    Reply
    • Ian Morris

      If you have not already done so, you should both be pursuing claims for personal injury compensation as a result of the accident you describe. Please call us on 01225430285 as we would be very happy to assist you both with No Win No Fee claims in this matter.

      Whilst your pre-existing health condition would need to be taken in to account, the condition does not remove your right to make a claim for personal injury compensation. Simply put, it may be that your injury is more serious that it would otherwise have been due to the condition you live with so you may not be able to fully hold the 3rd party responsible for all of the discomfort or issues you have as a result of the accident, but medical experts will be able to provide relevant detailed reports that will establish the damage done to your existing conditions as well as any new ‘trauma’ injuries sustained and this will enable our expert specialist Solicitors to obtain compensation for you.

      We look forward to hearing from you.

      Reply
  77. Gaynor

    I have osteoarthritis of the spine. I was involved in car accident. Hospital missed on xray burst t9 vertabrae. This was then picked up on a ct scan at an appointment I had with an ongoing problem with my neck. I also suffered whiplash whilst waiting for acdf surgery. I have seen medical doctor and now waiting to hear from my solicitor. Will my pre existing medical problems reflect on my claim?

    Reply
    • Ian Morris

      Pre-existing medical conditions will not impact on the claim in so much as it will have no bearing on whether or not you succeed with a claim. However, the pre-existing condition will be considered when it comes to the damage caused to you in the accident. Any new injury will be dealt with as a new injury, but the pre-existing problems you have will be considered when a medical expert reports on the extent of damage done to you in the accident.

      Reply
  78. Sandra

    Suffered whiplash on October 30th due to vehicle being rear ended

    Attended hospital that evening and was told had whiplash but alright to work. Given week off from work to recover and In meantime, third party offered me a claim figure for accident.

    Accepted on basis of being a ‘sorry’ from third party insurers but now wish hadn’t as whiplash has been severe and have had to work very limited hours since and attend physio.

    Is it possible to pursue this matter further?

    Thank you

    Reply
    • Ian Morris

      Your situation highlights exactly why it is so important for someone injured in a Road Traffic Accident to instruct a specialist Personal Injury Solicitor to represent them and pursue their claim for compensation.

      Whilst in your case, you benefitted from an early and speedy settlement, but you were disadvantaged massively by not having specialist legal representation.

      If the settlement agreement you reached with the third party was made as a ‘full and final’ settlement, you may struggle to re-open this matter. However, if no such agreement was signed there is a possibility of instructing a specialist Solicitor and pursuing further damages.

      Reply
  79. Gary

    Hi I was involved in an accident RTA last November and have made a PI claim. The defendant has admitted that it was there fault.

    I fractured my ankle and caused damage to the ligaments in my foot and also had minor whiplash and banged my knee (that hurt for less than a week).

    As a result of my injuries, I have had one surgery to my ankle (keyhole) and I’m due another keyhole surgery to fuse the ligaments together. If that fails, I may need to have pins rods/plates put in my ankle. However, when I asked my solicitors whether I would get compensated per surgery, but they have said I would only get compensated for one? I also have lost thousands and thousands from work and its affected my relationship also.

    When asked what guideline bracket on the 14th edition college guidelines my claim would fall into they have informed me that it would be moderate at best!!!

    How is this when the pain has been going on for over a year I have had to have surgery and continuing sypmtoms also my ankle gives way and hurts when does and the surgeon said it may well be I have to live with that so should I change law firms?

    Reply
    • Ian Morris

      In terms of how much compensation you will receive, the final agreed settlement that you will receive should account for the total extent of the injury and provide for any future care or medical costs that the injury will require. You do not receive a certain amount per surgery, but will receive a settlement that is based on an expert medical assessment of your injury, your medical records relating to treatment provided and then a detailed prognosis as to the future consequences of the injury. In cases where multiple surgeries are required, one would expect to receive a higher compensation settlement to be applied. In your case, if you do face the worst consequence and have to live with a permanent injury, the appropriate value for your claim should certainly take that in to account.

      Whether or not you should change your law firm is something we cannot really comment on. However, you should make them aware of your concerns – in writing – in order that they may be able to explain their actions and comments in a way that puts your mind at rest.

      Reply
  80. Harrison

    I work at height and wear harnesses. When accessing our zipwire doing specialist checks, I was wearing ppe equipment (helmet & access harness). After said checks I felt quite uncomfortable, putting it down to just that the access harnesses aren’t the most comfortable (of which management are in agreement.) I didn’t think anything of it. After some time I noticed my lower back was now hurting and down my right leg. On a visit to a chiropractor I had some misalignment in my lower back, hips weren’t level with one another. Hoping this would sort the pain in my lower back and leg, I was happy this would take some time to fully recover. After a few weeks of constant pain I notified the nurses at work whom suggested I visited a GP, the next day I saw a GP where they told me I had sciatica. I’ve had 7 weeks of pain, stopping me doing my full job at work, hobbies outside of work and having to drive is becoming rather unpleasant. Ive recently learned that the harness supplied to do the accessing isn’t designed to be sat in for long periods of time and that there’s a ‘harness seat’ that we used to have which is designed to take the weight from you sitting. Work never replaced the seat when it broke because of costs. Do I have a claim for them not supplying me with the right equipment to do my job?

    Reply
    • Ian Morris

      The situation you describe is unusual, but on face value there could be a claim to be pursued in this matter. If it is known that the harnesses that your employer was expecting you to spend considerable periods of time in whilst at work should only be for short period use, the employer could be liable for any injuries that are then caused by the use of the equipment. If the employer previously had a ‘harness seat’ for use when performing safety checks and it was not replaced due to cost, that could be seen as a breach of health and safety management.

      I feel that it is worth us looking further in to this claim for you. Please use the ‘start your claim’ option on our website to make further enquiries so that our new claims team can investigate this matter.

      One issue that may arise is ‘causation’ – a common bit of personal injury or legal jargon – in that will a medical expert be able to attribute the misalignment of your pelvis and sciatica to the use of the harness and not put it down to natural ‘wear and tear’ or other issues. Of course, without medical opinion agreeing to the cause of the condition being the harness, the claim would fail. If you have no previous history of back pain, sciatica or pelvic problems there is a good chance that the injury can be attributed to the equipment provided by your employer.

      Reply
  81. Jodie wadsworth

    I was hit by a car, with no lights on, in sept 2000. I suffered a broken leg and arm and I bullseyes the windscreen, suffering a cut to my scalp. I was unconscious. I had operational surgery to leg and arm, but was told my head injury was only minor when I claimed for PI., so got no compensation for head injury.. I have since been diagnosed with epilepsy due to head injury. Can I still claim or did I waive my rights once I got paid out for other injuries. I had no idea I would end up like this, since I was told I was fine at the time.

    Reply
    • Ian Morris

      It’s not so much that you waived your rights when you accepted the settlement offer, but the main issue you have with regards to claiming compensation for the impact of the head injury on your long term health is that you are now outside of the legal claim limitation period. The law is strict with regards to allowing injured people a maximum claim period of 3-years (or until their 21st Birthday for those under the age of 18 at the time of injury) from the date of injury in which a claim can be pursued. Once the claim limitation period has expired, you cannot re-visit a claim for compensation.

      Your only options now it would seem would be possible clinical negligence – if the severity of injury should have been known sooner for example. However, then you would need to demonstrate that the later diagnosis did not have any impact on the severity of the condition. Or a professional negligence claim against the Solicitors who pursued your initial claim – if indeed they were negligent. I am sorry to say that whilst we have every sympathy with your situation, both options would sadly appear to have slim prospects of success on the basis of this early consideration of your situation.

      Reply
  82. Jason.

    Hi, I have been off work with a pre existing lower back issue which has been improving. However this morning I was hit from behind by another vehicle, I now have pain in my shoulders and neck and the pain in my lower back is now quite severe. Will having a pre existing condition affect a claim?

    Reply
    • Ian Morris

      The pre-existing condition you mention will only be relevant if part of your claim relates to a worsening or exacerbation of that condition. Whilst you cannot claim for the condition, you can claim for any temporary or permanent worsening of the symptoms.

      You can of course pursue a claim for any new injuries sustained in this road traffic collision and from what you describe, it would appear that you have sustained soft tissue ‘whiplash’ related injuries, commonly associated with road traffic accidents.

      We would very much like to assist you with a claim for compensation and believe you have a strong claim.

      Reply
  83. Yanis

    Hi, after returning to work after being off sick for 3 days with buttock, hip and groin pain, i slipped on a wet floor at work. Though i didnt fall on the floor the pain in my right hip, buttock and leg increased causing difficulty in walking. I returned to my gp who sent me for an xray, which uncovered osteoarthritis in both hips. I went sick again, then saw a consultant who arranged for a steroid injection in my right hip. In the mean time my mobility issues got worse with pain radiating down my leg to my foot. After the injection my hip pain settled but the leg pain continued and led to constant numbness in my right foot. After more visits to my gp i was told i have sciatica in my right leg. After an mri today i have been told i have issues in my lower back in l4 and l5, potentially slipped disc. I am awaiting an appt with my consultant to get the full picture. I went sick on 2nd Aug 18 initially for 3 days. The slip happened on 10th Aug. On 3rd Oct i had the hip injection which settled the hip pain. Between Aug and now my mobility has worsened with to this day constant numbness in my foot and calf in my right leg. I have suffered 3 weeks of not being able to sit. 2 months have passed and my sleep patterns have changed. Do i have any grounds for a claim as i have had time off unpaid due to running out of sickpay. Plus i have paid for a chiropractor, acupuncture and massages to try and get fit. Around the end of October had a low back xray showing signs of arthritis.

    Reply
    • Ian Morris

      If you have slipped on a wet floor with no hazard warning signs present, the possibility of making a successful claim for personal injury compensation are good. In your case, we would be very happy to assist you with a claim for compensation. Our specialist Solicitors would be able to ascertain the level to which any pre-existing conditions have been exacerbated and also demonstrate any ‘new’ injuries directly caused in this fall and pursue claims for compensation on the appropriate basis.

      Reply
  84. Clint

    I had an accident at work 2 months ago where faulty equipment caused a very heavy sign post I was carrying to drag me to my knees then land on me (my workplace took full liability) Big knee problem. Doctor said I’ve tore my meniscus which may require surgery. I had torn my meniscus and ACL 3 years ago playing rugby which will show on my medical record, but when I first tore my meniscus 3 years ago I rejected an operation offer from the hospital because my knee got better over time. I had been going gym and running since it happened in 2015 and it’s been completely fine up until my accident at work. Unsure whether to claim because it’s an reoccurring injury that’s happened again without having an operation the first time, do I have a case?

    Reply
    • Ian Morris

      The fact that you had a pre-existing condition would not stop you from pursuing a claim for personal injury compensation. Expert medical reports will enable a specialist Solicitor to ascertain the level of exacerbation caused by the recent incident you describe and then seek the appropriate level of compensation.

      The faulty equipment that you cite as the cause of this incident would give me an initial view that you do have a valid claim.

      Reply
  85. Mark

    I have had an incident at work, leaving me with an inguinal hernia, there has been no risk assessment or follow up since the incident, I have never had manual handling train at work (very physical job), I believe I am now having a relapse of lower back problems (due to compensating for the restricted use of my abdominal muscles), would it be possible to claim for relapse of back problems?

    Reply
    • Ian Morris

      You can claim for both the new injury (hernia) and also for the return or worsening of a pre-existing condition such as the lower back pain. The failure of your employer to provide manual handling training would be seen as employer negligence and my initial view is that you should make a claim for compensation with us. We have expert specialist Solicitors who would be very happy to pursue your claim on a No Win No Fee basis.

      Please call us on 01225430285 or use our ‘start a claim’ page so that we can help you get your claim started.

      Reply
  86. Rene

    Hello, I’ve had a slip in Tesco’s last night on 3 boxes in the store. I am in horrendous pain. Since last night when it happened, I can hardly move my neck which is really stiff & my shoulders and my arms I hurt. I have been to the Doctors today for treatment and have some painkillers as I can’t even sleep.

    Reply
    • Ian Morris

      You have a valid claim for slipping accident compensation here as Tesco appear to have allowed a hazard to be present without adequate risk management in place. As the occupier of the premises, Tesco have a responsibility to ensure that the premises is as safe as possible and that any obstructions or possible hazards are marked with clear warnings. Given that you have slipped on a cardboard box when stepping on one on the floor, they appear to have failed in their obligations to protect your safety.

      It is good that you have attended your GP to get your injuries noted and treated. May I suggest that if you have not already done so, that you ensure that your accident is also recorded within the Tesco in their accident book.

      You can make your claim for compensation with us on a No Win No Fee basis and my initial view is that your claim is strong.

      Reply
  87. Ian

    I had a crash at work in September 2015 which was not my fault. I have had trouble with my right shoulder since. Although it is now just over three years ago I have only been diagnosed with problems resulting from this accident recently. Is there anything I can do about it now?

    Reply
    • Ian Morris

      Sadly not. The claim limitation period of 3 years is very strict and although you have only just received confirmation medically that the injury/problem with your shoulder was related to the accident, the courts would accept an argument from a defendant that your limitation period has expired.

      Reply
  88. dawn barrett

    I have made a claim and was paid out for the accident, but the accident has made me unable to walk far and my symptoms have got worse over the years, can i claim again as i am unable to walk now due to my knee injury?

    Reply
    • Ian Morris

      If your claim settled with a full and final settlement, there is sadly no right to seek further damages.

      Reply
  89. Cli

    Hi, in may this year I had an accident at work which has at times left me with severe back pain. Around Christmas last year the company decided to move our work stations into an office. Things seemed fine and workload was increasing, due to this in may I was asked to do a quick repair on some else’s job so moved from my normal place approximately 1.5m to the right to carry this out. After I’d finished I went to get up out of my wheelie chair but the wheels stop on electrical socket cover on the floor and my top half whiplashed to the left. Initially I thought nothing of it as put it down to one of those things do didn’t report in accident book, as time went by pain increased and have been of work since mid June. I’ve had 2 mri’s one in August, got report last Monday which means nothing to me, the received a call from hospital on Thursday to have another one. Whilst there I did ask the radiologist what report meant. She did mention degenerate changes but some other stuff was in there that only dr who requested mri can tell me, I’m not due to see him till November. I started a claim against employer(no win, no fee) as I do not think there was any risk Assessment done with these socket covers being slightly raised as at Christmas it was quite rushed to get us all on that converted office. Where do I stand as this really is getting me down?

    Reply
  90. Peter mccartin

    I was attending a Kungfu session at Norwich. This incident took place 12 the October 2012. I was doing choylifut when I paired with a person where we were practicing a technique. You are not allowed any contact. The person held my right arm with out realeasing my arm. He held it on purpose which left me with a right bicep rupture. I attended hospital. I am annoyed with myself with not claiming when I should have. I am now left with constant pain in my arm and weaker. The Kungfu school have not made any contact with me to my welfare. I am not sure he put the incident in the accident book. I did not receive any accident form can I make him liable for his actions.

    Reply
    • Ian Morris

      Your accident was some 6 years ago. Therefore, if you are now over the age of 21, you will be unable to do anything in this matter. Further, from the scenario you describe, I do not see that you will succeed in holding the Kung Fu School liable or negligent.

      Reply
  91. Danny

    I dislocated my shoulder at work 8 years ago, I didnt do anything about it at the time as all was fine. last year i had a another accident at work (same company just different role) which resulted in a partial dislocation (subluxation) again on the same shoulder. Since the accident i have needed surgery to stable to joint and also Steroid injection due to frozen shoulder after the surgery.

    I have been going through a claim but the medial team my solicitors have used say that my injury is only 20% due to the recent accident and that the majority of it comes down to the previous incident which will reflect in my claim.

    I cant see how this medical expert can say that what i have been through in the last year is majorly down to a accident that happened 8 years ago and hadn’t caused me any problems since. I understand a dislocation can weaken the joint but i wouldn’t have had to have gone through all of this if it wasnt for their negligence and the accident. My shoulder wouldn’t have 2 pins it and i wouldn’t have had to have shoulder arthroscopy or a steroid injection for the resulting frozen shoulder due to tightening of the shoulder to much in the first operation.

    They have ammited liability for the accident last year, if they only give me a partial claim because they say the surgery was a result of somthing 8 years ago would i be able to use that case instead and then ask for the full amount?

    Thanks.

    Reply
    • Ian Morris

      The accident 8 years ago cannot be used in any claim as that is out of limitation. UK Law is strict with regards to legal claim periods and for adults, the claim limitation period is limited to a maximum of 3-years from the date of an accident.

      As you clearly suffered a trauma to the shoulder 8 years ago, that is relevant in this claim in so much as the shoulder was clearly weakened by the initial accident. However, medical experts are stating that the recent accident is not responsible for the extent of the shoulder problem and although there has been a new trauma, that is only 20% responsible for your situation.

      You could seek a 2nd opinion from medical experts, but it is unlikely to differ and is unlikely to be something you can recover cost for and would have to pay for yourself. You should discuss this with your Solicitor.

      Reply
  92. Audrey

    Hi I had a accident where I fell at work . Work admitted liability 3 weeks after I put a claim in, but my medical showed a pre-existing condition. I never ever suffered before the accident with my back, but now 9 months later I am still in agony but they are only saying 4 weeks injury for accident (l4 and l5 prolapsed disc). The experts history report stated no back history, but my lawyer says my claim is only worth £1000? I was Gob smacked! I am on a phased return to work of 6 hours a week and now my employer is trying to change my contract as I am not fit to do the job. Please help me as I am in bits. It was yesterday (02.10.2018) that I got this news and I am not happy with the outcome.

    Reply
    • Ian Morris

      It is very hard to offer you any kind of game changing help in this matter. Whilst you have no history of back trouble, if a medical expert has advised of a pre-existing condition and it is contained within their report, it is very hard to argue against that. The defendants of course will latch on to that and use it to lower any settlement award that they may have to make to you.
      You need to discuss your concerns with your current Solicitor and ask them to explain to you why your 9 months of agony are not being considered and why you have no history of back pain or trouble listed on your medical records if the expert is saying you have a pre-existing condition.

      Reply
      • Audrey

        My lawyer said that the accident and pain and suffering was 4 weeks anything after that was not related to the accident and it was pre-existing and now the expert has says it’s went into chronic pain syndrome? I am still on loads of medication also and he has stated in report as well that any manual physical work will make it worse (I am a cleaner). So it’s leaving me no choice to end my work as it’s aggravating it.

        Reply
  93. Stephen Wright

    Back in 2010 I was in a coach on a break test when the driver suddenly braked with no warning. I hit the dashboard causing a lot of pain to my right knee and left shoulder. I reported this to my work place and put it in the accident book, my boss got nasty but said he would look at the cctv camera that was working that night on the coach. The cctv footage went missing and they just dismissed anything had happened. I now have had to have a partial knee replacement and my consultant has rang me to say my shoulder is now in a bad way and I have had an MRI showing this is a old injury, and arthritis has now set in and a bad tear of ligaments. I’ve already had surgery for the shoulder but it didn’t work. I’m currently on the sick after the knee op but looks like I’m going to be off for a long time. I wanted to sue my workplace but was bullied not to, where do I stand here?

    Reply
    • Ian Morris

      Unfortunately for you, you are outside of the maximum claim limitation period of 3-years from the date of your accident. As such, the other issues are no longer relevant and you cannot take action in this matter.

      Reply
  94. Stace

    I had a car accident 3 yrs ago it wasn’t my fault. I was injured as a result of this I was payed out but since had further problems I have had to have an operation due to this was off my feet for 2 weeks and couldn’t resume my day to day activities for 3 months, can I open my case again?

    Reply
    • Ian Morris

      If you accepted a full and final settlement for your claim, you will not be able to re-open the matter.

      Reply
  95. Kirsty

    2012 I had an injury in the work place for a laceration to my wrist, I claimed negligence.
    Month of time after I had back problems went to my gp I had back problems/ sciatica I’d got a bulged herniated disc / trapped a nerve. Was trying to join army and was rejected due to having sciatica on medical record. Wasn’t sure at the time how I’d incurred it, Friday morning 7th Sept 18 I had a industrial accident on my wrist incurring me to twist and hurt my back again, I’m 100% certain now because of the same pattern of injury that my back and sciatica started from my first injury – can I still claim as I’ve just pieced it together and can prove I’ve had medical attention at the time of the injuries and medical proof?

    Reply
    • Ian Morris

      If the cause of the accident at work can be attributed to employer negligence or negligence by another party, you would be able to pursue a claim for compensation.

      I would suggest that you call us on 01225430285 or use our ‘start a claim’ page so that we can further investigate a claim for you.

      Reply
  96. John

    I have had a fall, a slip on a beam in my loft. My pre-excising condition of Crohn’s disease has flared up since the accident 6 months ago, I believe this from the medication and stress from the accident do I have a case ?

    Reply
    • Ian Morris

      If you slipped on a beam in your own loft, you could struggle to succeed with a claim. To make a successful claim for compensation you must be able to attribute the cause of your accident and subsequent injury to the negligence of someone else. In this case, it is hard to see (on face value) how you could attribute such ‘blame’ to anyone else?

      Reply
  97. Munir Khan

    I have been a disabled person since I was born and due to having knocked knees it was extremely hard for me to walk. 10 years ago I had an operation where they broke the fima bone in each leg. Till this day I have been suffering from extreme pain now and again and constant difficulty in my left leg.

    I have been admitted in and out of hospital 3 or 4 times over the past 10 years for extremely bad pain that I could not resist.

    Was admitted into hospital 3 days ago and have now been told that I have had an infection growing for the past 10 years and it isnt an infection that can just come just like that.

    I have been told I may have to be on antibiotics for a very long peroid which doesnt really help and clearly means that this situation may continue for a lot longer then the 10 years it has already.

    Can I claim compensation from an operation that occurred 10 years ago which has been causing me so much grief and hassle.

    Reply
    • Ian Morris

      You may be able to make a claim on the basis of medical negligence – if it can be shown that the infection was caused by negligence and that clinicians should have identified this problem previously.

      Your case will be extremely difficult given the existing health problems and as such, we would strongly recommend that you contact a specialist clinical negligence Solicitor to discuss this further.

      Reply
  98. Lee williams

    I had an accident in 2003 at work where I fell and fractured my wrist, I did claim compensation for that, then months later I started having back problems which later I ended up having spinal surgery in 2007, I never put my back pain down to that accident at time as I didn’t have it, and never thought it could be linked, and even now 2018 I still having lots or problems and more medical treatment, is the any way I could find that this could be linked as this is the only accident I had and I still work for the same employer?

    Reply
    • Ian Morris

      Personal injury compensation claim limitation is strictly kept at 3 years from the date of an accident or date at which you became aware of a problem.

      In your case, there is a likelihood that your back pain may be linked to your fall at work in 2003. However, it is unlikely that you would now be able to get a medical diagnosis that 100% links your current symptoms to that incident and there is also a question as to when you knew, or ought to have known that the back pain was linked to that fall and whether that is beyond 3 years ago.

      Reply
  99. Ryan

    Hi,

    I was in a car accident 5 years ago and I have received a settlement but as I’ve grown older by back has become unbearable at times.
    I think this was caused by the accident.

    Is there anything I can do?

    Reply
    • Ian Morris

      You should contact your previous Solicitor to find out the agreement that was reached with the settlement. It is unlikely that you could now seek further damages, but there could be a clause in your previous settlement that affords you the right to seek further settlement.

      Reply
  100. Joanne Kennedy

    I had a head trauma 17 years ago. I did claim for my injuries but did not know it had caused me to have epilepsy until 13 years later. Because I already claimed can I still claim for the epilepsy?

    Reply
  101. Jennifer

    I had a pre existing neck injury and 2 days prior to a trip I was given a surgery date for 3 weeks out. While on my way to my destination our vehicle was rear ended on the interstate, we had enough time to slow and not damage the vehicle in front of us the vehicle behind us hit us TWICE going about 60mph. I called my dr and he said that even tho I was in more pain being out of state and already having a surgery date that if I could bare till surgery he would address it then. After my surgery I was told that it was worse once he got in my neck to do the surgery than it was 2 weeks prior to the wreck. Now insurance doesn’t know what to offer me and I don’t know what to accept. Seems that getting surgery date 2 days prior really throws a wrench in things. Advice?

    Reply
    • Ian Morris

      If you were in the UK, you would be able to pursue a claim against the at fault driver for the further damage done to you in the accident. Your surgeon would be able to provide medical evidence by way of a report to show what the pre-existing condition was and what further damage had been done to your neck.

      Reply
  102. nicola

    when providing access to my medical records do these have to be from birth or only from the time my pre existing condition was diagnosed?

    Reply
    • Ian Morris

      Only medical evidence that is relevant to any aspect of the claim must be disclosed. For example, if you were making a claim for injuries to the back, any pre-existing medical treatment sought for back problems would be relevant and ought to be disclosed. If for example, you had also had a completely unrelated operation on a foot 10 years ago (or any other unrelated medical treatment) that would not be relevant and therefore not disclosed.

      Reply
  103. Jason

    Hi, 10 years ago I broke my scaphoid bone in my wrist and had to operate to fix it with a bone graft from my hip and a screw holding it together. A couple of months ago I was the driver in my van sat waiting at red lights when a car ploughed into the back of me at speed and wrote my van off. I suffered neck/back whiplash and re-broke my wrist bone that I had fixed 10 years ago. I’ve managed to do my my job without problems until this accident happened. I’m now off work and have had an operation to completely remove the broken bone and fuse a couple of bones in my wrist. Would I get less compensation on the wrist as I’ve had an issue with it before or would they treat it as a new issue ? Thanks

    Reply
    • Ian Morris

      Whilst you have had an old injury, it is hard to see how that damage from 10 years ago that had been completely repaired could be used against you in any claim for the severity of the injury you have now suffered in this recent accident. You also have other ‘new injuries’ such as the whiplash you mention and it is likely that you have a strong claim with good prospects of obtaining a substantial sum of compensation.

      Our specialist Road Traffic Accident Compensation Solicitors would very much like to work for you with regards to your claim.

      Reply
  104. Brenda

    In 2012 I was hit by a train at 55 mph. Broke my whole body I’m lucky to be alive I was never able to take legal actions against CSX. Thanks to CSX 5 years later I’ve lost a kidney and have had many health issues added on top of the serious health issues I already had. Is there no way I can get help with this at all?

    Reply
    • Ian Morris

      Under UK law, there is a strictly applied statute of limitation in all claims for personal injury compensation. This requires that any person over the age of 18 years at the date of their accident MUST take action with any claim within 3-years of the date of their accident. Failure to do so would leave the claimant statute barred and unable to pursue a claim.

      In this case, as you were injured in 2012, there has now been 6 years pass since the accident. In this case, UK law would prevent you from taking further action.

      Reply
  105. Ric

    Hi, I know a friend who had an accident on a motorbike and was seriously injured (back included).
    2 months before they had a car accident which effected their back and claimed for this.
    Will they be able to claim for the new injury in the back on the motorbike as it was a pre existing condition or would it be better not to mention it/ will he get less money. My friend did say they he was told to mention if he has had any pre existing.

    Reply
    • Ian Morris

      It would never be wise to not fully disclose any pre-existing condition. In all claims for personal injury compensation, medical evidence is used to ascertain the appropriate level of damages and the records are available to BOTH parties in the claim. Therefore, pre-existng conditions will be discovered and if they have not been noted freely by the claimant, it could count against them

      Your friend will be able to claim for the further damage done in the motorcycle accident as medical experts will be able to ascertain the difference between the pre-existing condition and the damage done in the motorcycle accident.

      Reply
  106. Mary

    Hi, I had a preexisting back injury in 2014 were I suffer low back pain and sciatica. I recently slipped in a retail store on some conditioner that fell from a table onto the floor. I went to the E.R and had X-rays of my knee and hip. The doctor said I have arthritis in my knee and some inflammation around my hip area. Now I’m also experiencing a different pain in my back that was never there before. What can I do about this?

    Reply
    • Ian Morris

      Whether there is a pre-existing condition that is exacerbated by an accident or a new injury suffered, as with any claim for personal injury compensation the most important factor will be liability. In your case, you slipped on a spillage on the shop floor that had created a slipping hazard. Whether or not you will be able to claim compensation for slipping on a wet shop floor, will depend on whether or not the store in question can mount a robust defence. In the UK, the courts have ruled previously that it is not fair to expect a store to immediately locate and clean any spillage. Therefore, the courts have required stores to have a reasonable cleaning and inspection regime in place that means that they inspect their aisles and shop floor areas every 15-30 minutes to identify any slipping hazards. When they find them, they must mark the slipping hazard with a warning sign and arrange a clean up.

      In your case, if the conditioner had been on the floor for sometime, you are likely to be able to pursue a claim for slipping accident compensation.

      It would then be for medical experts to agree as to how much the fall had exacerbated or worsened your pre-existing back condition and what new injuries you had sustained.

      Reply
  107. Neela

    Hi I took out a policy in 2016 from an insurance company in case of any accident and sickness disiblity income. However the insurance agent did not process my policy until 2017 month of November. I ended up getting sick in December and couldn’t work.I went to my doctor and did an MRI and it was a pinch nerve and a slip disc.The insurance company is claiming now that it is a pre existent condition and they are not pay the 75per cent of my salary.Any advice.Thanjs in advance.

    Reply
    • Ian Morris

      At Direct2Compensation we have an expertise in personal injury law and associated claims for personal injury compensation. As such, we can only offer advice regarding claims for personal injury.

      However, the situation you describe would indicate that you may well have grounds for a claim for professional negligence against the agent responsible for NOT processing your application for almost 12 months. Of course, you would need expert advice on this issue and we would strongly recommend that you seek the services of an expert Solicitor.

      Reply
  108. Paul chapman

    I was working for an agency and approximately three weeks in to the employment, I hit my head on the tail board of an HGV. I was wearing my PPE (Hi-Viz and helmet – which came flying off) and initially although I felt some pain, I thought nothing of it. However, a few days later I had pain in my shoulder, my arm was numb and I had tingling in my hand. It worsened to the point that I visited my GP and was sent for an MRI scan which showed three damaged discs in my neck. I have been off work now for ten weeks awaiting to see a Surgeon. I haven’t received ssp and they have sent me my p45 via e-mail.

    I am now in financial difficulty as I have had no money for this period. Many thanks.

    Reply
    • Ian Morris

      The situation you describe, particularly the loss of income is one of the most common motivating factors that lead to people making a claim for accident at work compensation.

      In your situation, you could seek to make a claim for compensation against the employer for the injuries you have sustained as a result of the tail lift hitting your head. However, you would only succeed with a claim against the employer if it can be shown that the tail lift hit you because of employer negligence or a breach of health and safety within the workplace.

      Clearly, you have had a nasty injury and been left with a financial problem. As such, it would be very wise to speak with us so that we can find out a little more about what happened so that we can advise you as to whether or not the accident in which you were injured would lead to a valid claim for accident at work compensation.

      Please contact us on 01225430285 for advice and assistance.

      Reply
  109. sarah

    2 uears ago I had an accident at work I lifed a gas bottle which resulted me in pulling my back I had to go on the sick for 5 weeks, since this I have had ongoing back problems and have to take prescription painkillers and have been for mri and the results are that 1 of my discs is bulging which is causing all my pain. I now have the option for surgery to fix this problem but having small children I have had to take there second option which is cortisone injections so that im not off my feet for too long as I have small children to care for. My employer knows all about my situation. When I had my accident at work there was no accident book on the premises so I only had the option the tell my mananger. Now my employer has dismissed me of 2 3rds of my working hours because they say im not fit to work there. They have given me no notice of this. In result of anger I verbally handed my notice in without checking my contract 1st. My contract states they should have given me 5 weeks notice which I have notified them of this but they are now saying as ive verbally resigned I dont have a leg to stand on. I feel I have been unfairly treated my my workplace and pushed out of my job because of my health issues which was caused at work anyway. Any advice would be appreciated.

    Reply
    • Ian Morris

      As you’re back injury was caused as a result of lifting in the workplace, there is a possibility that you could pursue a claim for workplace injury compensation. However, you would only succeed with a claim against the employer if they have failed to provide you with manual handling training or required you to lift items of excessive weight without the correct equipment needed to minimise the risk of injury.

      Clearly, you have suffered a nasty injury to your back that is having a big impact on your day to day life and the quality of your life. With this in mind, I would invite you to contact us so that we can discuss your situation in more detail. In just a few minutes on the phone with you, we would be able to ascertain whether or not your employer has been negligent and if you could pursue a claim for compensation.

      If you were able to claim compensation and succeed with a claim against the employer, you could obtain a settlement that would include a sum for the injury – based on medical evidence and an experts prognosis alongside a sum to recover all lost income and future loss of income. Given your employers recent decision to reduce your hours by 2/3rds, your loss of income could be substantial.

      Regarding the verbal resignation, that is unlikely to be enforceable as it should be put in writing by you to be a confirmed decision. However, this is an employment law matter and you really ought to seek expert employment law advice separately at the earliest opportunity.

      We hope that you have found this response of use and we look forward to hearing from you.

      Reply
  110. Richard Bielby

    Hi I had a car accident August 2014 I was sent for a X-ray September 19th 2014 hip pain my three year insurance period as been protected where they discovered arthritis I have had no hip problem ever in my life in December 2017 I had hip replacement the speacalist says that the accident as brought forward the need of hip replacement by one year because of the accident I disagree as never had hip problem ever my physio says I could have had arthritis and it would never had arisen if not for the trauma of the accident my solicitors are very dissmisive of the case I have asked for a second opinion as I do not agree with the specialist the solicitor I have is part of my car insurance and are not very helpful

    Reply
    • Ian Morris

      It is very difficult to advise on an ongoing case without our Solicitors having had sight of medical evidence or an expert report, but we can certainly facilitate you having a conversation with one of our specialist Road Traffic Accident Solicitors in order that you could find out whether or not it would be in your best interests to switch to a new Solicitor.

      We often hear anecdotal reports from claimants who have been working with Solicitors that they were introduced to by their insurers that match that stated by yourself. There can appear to be a lack of independence in such circumstances and claimants often state that they feel as if they are being guided towards a settlement that doesn’t seem to adequately cater for their injury or loss. Rightly or wrongly, this is how many people feel and is one of the key reasons why we would always advocate instructing a fully independent specialist Road Traffic Accident compensation Solicitor to pursue a claim for compensation.

      If you would like us to link you with our specialist solicitors, please call us on 01225430285.

      Reply
  111. Mike

    Hi I had a knee accident 15 years ago I fell on a wet floor whilst neibour was moving was told neither had insurance so just left it at that been in constant pain ever since been on crutches ever since fall messed my life up as cannot work thanks

    Reply
    • Ian Morris

      Sadly, it would seem that you are now way outside the legal claim limitation period of 3 years and as such, there is nothing you can do to make a claim for personal injury compensation.

      Reply
  112. Linzi

    Hi. I visited a museum the other day and whilst trying to help anoither person push a button on an entry gate I hit my foot on a wooden plinth (that was covered by grass up the sides and not visible), I fell forward hitting my head on another concrete 4 inch high plinth . I sustained a head injury which also resulted in a neck injury and the following day was told in A&E that after spinal X-rays I had suffered concussion and whiplash. The wooden plinth wasn’t visible and the first aider who attended said that both should have been painted in order to make them visible.
    Can I claim?

    Reply
    • Ian Morris

      At this early stage, we think that you do have a viable claim for compensation here. The fact that the management of the museum had allowed a possible hazard to become obscured from vision by overgrown vegetation would certainly give cause for optimism with the outcome of a claim for compensation.

      We would be very happy to investigate your claim on a No Win No Fee basis. To get your claim started, simply call us on 01225430285 or submit some contact details to us via our website and we’ll call you.

      Reply
  113. aaron ballard

    Hi,

    This one is a bit complicated I’m afraid.
    I came off my bicycle just over two years ago due to a large hole in the road. My back hasn’t been right since, and I ended up having to leave my job because I couldn’t manage the cycle to work or be on my feet all day at work anymore.
    Since then I bounced between jobs (I worked in production roles so was on my feet a lot, but was not able t keep doing that work.)
    The pain has been getting worse, and I am now unable to continue my sporting activities ( I was a keen marathon runner, cyclist and mountaineer, and went to the gym on a more or less daily basis) at anything like the previous levels.
    I frequently lose sleep, unable to find a position that is comfortable enough to get to sleep.
    I have now had to retrain, and so am doing a degree (expensive) and working a part time trainee role with a view of moving into a career I can manage with my back condition.
    I went to a no win no fee solicitor, who have been executing my claim for me.
    The other side have admitted liability.
    After a year and a half of pain and fruitless physio, I was sent for an MRI.
    The expert has said that the results show that I have widespread degenerative changes to my spine, and that my back would have caused me pain anyway. He concluded that the accident can only be responsible for my symptoms for no more than a year.
    This leaves me with no further recourse to treatment, and does not take into account the fact that I have had to change careers.
    I am disagreeing with the prognosis on the basis that I absolutely had no back issues before the accident, and so any symptoms afterwards are due to the accident.
    I feel there is no way that anyone can say whether or not my back was going to fail in any given time period, especially given my high activity levels and good muscle support for my spine.
    My point of view would be that no matter the state of my spine before the accident, it was the accident that caused all of my symptoms, past and present, and therefor the other side should be fully liable for all the consequences of that injury.

    The solicitors have asked for the Dr. to reconsider but he has refused to take my points into consideration. They have said I can pay £700 (out of my final settlement) for a second opinion from a different specialist, but have also advised that it wont be a worthehile option as the other side will probably insist on seeing the original report and insist that it be taken into consideration.
    This has led to me refusing to sign the documents needed to accept the findings and arranger a final settlement. The solicitors have threatened to close the claim without my permission and I will not receive any payment at all.

    I feel that they are, and have been from the beginning, trying to hurry through my claim for the payday, rather than fighting my corner and trying to get e the help I need (as well compensation for the loss of my career).
    I’m so upset by it all that I’d like to know what my options are as you see them?
    I’m struggling to swallow being forced to sign something which I feel misses the point to drastically.

    Reply
    • Ian Morris

      We can appreciate your frustration and disappointment with regards to the outcome of your medical assessment and the experts written report regarding your injuries. It is a very difficult position to be in but nobody can argue with the findings of a qualified medical expert other than another qualified medical expert.

      Your Solicitors would not wish to close your claim for less than the true value of the matter as they are duty bound to act in your best interests and to put it bluntly, the fees that they can seek to recover for the work undertaken on your claim would be substantially higher if they were able to provide evidence that demonstrated that your current problems are fully linked to the index incident in which you were injured rather than any degenerative condition within the spine.

      It is almost impossible to offer you any advice here, you can of course seek a 2nd opinion from an expert and hope that their report provided a different conclusion to that of the first expert, but there is no guarantee that it would and your current Solicitor is right in pointing out that the defendant will wish to highlight the findings of the first report also.

      Reply
  114. Heatherr

    I was in a car accident as a passenger and have a pre-existing medical condition that causes me to have seizures. After the accident, I suffered a few seizures that I believe was down to the accident. Could I make a claim for this?

    I am full time carer for my adult daughter who requires 24 hr care, but due to back and neck problems, I was unable to give her the care my self and had to get someone in to help with this which caused my daughter a lot of distress as she does not like change. Again, could I claim?

    Reply
    • Ian Morris

      You have come to the right place for help, at Direct2Compensation we work with expert car accident compensation Solicitors who are ready and available to help you with your claim for car accident compensation. It sounds as if you have suffered from a whiplash type injury to the neck and back as well as suffering from additional episodes of a pre-existing condition as a result of the accident. If successful with a claim for compensation, you could recover damages for the injuries to your neck and back as well as an element of compensation for the exacerbation of your pre-existing condition and our specialist Solicitors would also make a special damages claim on your behalf to recover the costs of additional care for your daughter as well as any other expenses and losses you have incurred.

      Please email your contact number to us so that we can call you to take the initial information needed in order to make sure that you can get a specialist road traffic accident Solicitor to pursue your claim on a No Win No Fee basis. We’ll call you to let you know what information we need and help you get this claim up and running.

      We look forward to hearing from you.

      Reply
  115. Lisa

    Hi ,
    I fell backwards at work while mowing, and ended up on my bum, I hurt my back, but carried on, the next morning it was really painful, but I thought I could work through it and the pain, doctor prescribed some anti inflammatory medication, which took the edge of, but it just remained the same, but I found I was unable to lift anything due to the pain in my back, a few months later I went to put my shoes on at work and my back locked if you like, very painful, had 9 weeks off work with it, as it kept going into spasms.
    I went back to work on light duties continuly promised assistance, which has taken work 3 & half months to get a temp to start, which has left me still doing heavy stuff.
    Just had results of MRI scan in multiple disc damage to lower back, bulging discs and herniated discs, doctor also said he would question wether I would be able to ever go back on normal duties, I’ve been referred to the pain clinic now.
    I informed my manager, who said to me “ well we might have to consider your position with us”.
    At last I have a temp start on Monday I have to collect from a notorious area, after I had raised concerns about collecting him, But yet again they didn’t seem bothered about my personal welfare, it’s all just about getting me some assistant after all this time.
    Where do I stand.

    Reply
    • Ian Morris

      If your employer has exposed you to a risk of injury without taking adequate precautions to minimise that risk of injury, you may well have reasonable grounds to pursue a claim for accident at work compensation. In your case, you need to consider whether the employer had provided you with adequate training to use the mower, were you asked to work in a dangerous area – such as a steep slope – or if the equipment you were asked to work with was fit for purpose.

      If you think that the employer has failed in any of these areas, you could well have a valid claim for accident at work compensation. I would suggest that we speak with you to find out more about your work and the training or lack of that you were provided. In just a brief telephone conversation, our expert staff will be able to assess the prospects of any possible claim for compensation.

      You can send your contact number to us by email: justice@direct2compensation.co.uk or fill in the contact form on our website.

      Reply
  116. Lindsay Challis

    I have a pre existing issue with my hips which is under investigation, this also highlighted degenerative disc problems in my lower spine on XRay. I had a crash last week where the drive came out of a side road into the side of my car, enough to put my car on the other side of the road. Since then my pain has increased and I am on my maximum pain medication but the pain I was feeling in my hips has now moved to my lower back, I am finding moving from sitting to standing and vice versa difficult and feel stiffness in my upper back/shoulder area. Is it possible the accident can have caused the additional pain and trauma and therefore is it worth pursuing given my pre-existing condition?

    Reply
    • Ian Morris

      I would say you can definitely pursue a claim for compensation here and you don’t need to worry about your pre-existing conditions counting against you. Whilst you are used to living with discomfort and pain, it does not mean that you should not exercise the same right as anyone else to pursue a claim for road traffic accident compensation if you have been injured in a collision. The road traffic accident that you mention would have undoubtedly caused trauma to your soft tissues and definitely exacerbated any pre-existing conditions you already live with. With this in mind, the pain you now feel in your lower back could be a new injury or may simply be referred pain. However, both or either have been caused by the car accident last week and can be included in any claim.

      Our specialist Solicitors often manage claims for people who live with a pre-existing condition but have been caused a worsening of that condition with additional new symptoms (such as a whiplash injury) by a car accident. I would suggest that you contact us by telephone (01225430285) or send your contact number to us at: justice@direct2compensation.co.uk so that we can call you and help you get your claim up and running. Our specialist Solicitors can use medical evidence to identify the extent of the worsening of any pre-existing condition alongside the development of any new injuries.

      Remember, with Direct2Compensation your claim will be pursued on a fully No Win No Fee basis. Our specialist expert Solicitors will ensure that the extent of the exacerbation of your pre-existing condition is identified and that any claim made for you fully takes this in to account along with any elements of new trauma related injuries associated with road traffic accidents.

      Reply
  117. Emma Nichols

    Since my accident, I now have hearing impairment (hearing aids fitted) tinnitus, lower back pains, neck spasms and hip problems. I was stationary when the car hit me on my driver side.

    Reply
    • Ian Morris

      You have clearly suffered many injuries as a result of this car accident. Have you started the process of making a claim for compensation yet? As you were stationary at the time of the collision, we cannot see how you would be held at fault in anyway and as such our initial view would be that you have a very strong claim for compensation here.

      If the hearing impairment and tinnitus issue can be linked directly to the trauma of the car accident you would be able to claim compensation for both issues as well as the back pain, neck spasms and issues with your hip. It could well be that your compensation claim settlement value is quite substantial.

      If you would like some help in taking this further, please call us on 01225430285 or email your number to us at: justice@direct2compensation.co.uk as we would love to help you with your claim for compensation.

      Reply
  118. Marie

    Hi, I have had three micro disectomys on my back on the same disc,the last one in 2016, I have had no problems since. I have been fighting at work for a proper chair for my back for two years, I was having to use a small round stool on wheels, last week the stool moved and I fell into the floor. I now have serious back pain and sciatica in my leg. Could I make a claim against my work or would it just be classed has a pre existing problem. Thanks

    Reply
    • Ian Morris

      Your employers failure to provide you with a proper working chair despite your repeated requests for one could well be seen as employer negligence and if we can demonstrate that as being fact, you could well make a claim. I think we should put your claim to our specialist accident at work Solicitors and let them investigate this for you as you could well be able to claim for the symptoms that this recent accident has caused.

      Your medical records will reflect the previous problems that you have had and the surgical interventions that you have been subjected to. This however, will not prevent you from seeking damages to the soft tissue injuries and pain that you have been caused in this incident.

      Call us on 01225430285 – we’ll only need a few minutes to get the basic information needed so that one of our specialist Solicitors can look in to this for you.

      Reply
  119. Ryan

    Hi,

    I had a car accident following which i have had back pain (No previous back pain except for sciatica)

    I have had and MRI scan which i have been told shows ‘degenerative disc disease’ which is something i did not even know i had.

    Would this likely affect a claim for the better or worse based on the fact i had no back pain prior to the accident and now i will have to live with it (either that or have steriod injections which i am told may not work or the other option im told is a spinal fusion worst case scenario. (accident was rear shunt, third party accepts full liability)

    Thanks

    Reply
    • Ian Morris

      In claims for compensation as a result of injuries sustained in an accident, the value of the compensation settlement that covers the injury element of the claim will be decided on the basis of available medical evidence.

      In cases where the defendant/3rd party have admitted liability for the incident, the claimants Solicitor will arrange for them to undergo a medical assessment with a suitably expert Doctor. In such a medical assessment, the instructed medical expert will have sight of the claimants medical records in relation to their treatment following the injury and any further diagnosis. They will also have sight of any relevant previous injuries or associated health conditions. They will then interview the claimant and discuss the accident and injury symptoms before conducting a physical examination. It is the medical experts written opinion as to the extent of the injury and recovery prognosis contained within the report that will decide the value of the injury element of the claim.

      In your situation it sounds like you were living with a degenerative back problem that you were not aware of until this car accident that caused a trauma injury to your back that during investigations identified the disc disease. It is unlikely that you will be able to hold the 3rd party vehicle driver responsible for the disc disease as it cannot be argued that a road traffic collision could cause degenerative disc disease and as such, you probably won’t be able to claim any compensation for that issue in terms of the condition itself. However, you were living pain and symptom free before this accident and it is fully possible that this incident has caused you to become aware of and suffer from the symptoms of degenerative disc disease far sooner than you otherwise would have.

      In this case, you would be able to claim compensation for the trauma injury sustained in the car accident but also for the early onset of pain symptoms caused by the degenerative condition – as long as the medical expert is willing to agree to such in their report.

      Reply
  120. Paula ford

    Hi I had spinal fusion 10 years ago and suffer daily with back pain but we was in a rear ended collision and now I have more pain in thoracic area and painful neck.the other driver accepted liability.can I claim

    Reply
    • Ian Morris

      You can definitely claim for this situation – as long as the accident happened within the last 3 years. You will need to see your GP and discuss the situation with them and discuss your level of pain and discomfort now against your ‘usual’ situation. Clearly, you have a noted long-term back problem and your medical records will reflect that you have had surgery some years ago. However, you can claim for the worsening of any symptoms or temporary short term pain caused by this recent road traffic accident.

      Please send your contact number to me via email: ian@direct2compensation.co.uk and I’ll call you to discuss how we can help you.

      Reply
  121. Andrew

    I was involved in a car crash ( not my fault ) where the car collided with my driver door , I now have been told i have arthritis in my hip by the specialist , I am in considerable pain had bruising on my hip after crash , The specialst says it is pre existing arthritis , but i have not had any pain or issues before before the crash as i was playing rugby , running and keeping fit . but now struggle to put my socks on without being in serious pain . where do i stand on this
    Thank you

    Reply
    • Ian Morris

      The first thing to say is that if you are in the uk and this car accident has happened in the last 3 years, you CAN and SHOULD claim compensation for your injuries. As this was a non-fault car accident, you would meet the criteria to seek compensation for your personal injuries on a No Win No Fee basis and this is something we can help you pursue.

      With regards to your point about this incident causing you to suffer with arthritis and you not having any symptoms prior to the accident, you can still pursue a claim for compensation. As with any claim, you would be expected to undergo a medical assessment where you would meet with a specialist appointed by your Solicitor. The specialist would have sight of your medical records, discuss with you the nature of the accident, your injuries and ongoing symptoms before conducting an examination. They would then write a report detailing what level of pre-existing injury was present and how the accident has exacerbated or worsened the problem for you.

      You could look to mitigate things on your side by getting statements from your Rugby club coach and team mates to confirm your regular fitness and match playing attendance and any other people (such as your employer) to verify your view that although the arthritis may have been present before the accident, you were unaware of any problems and living a normal active life.

      I’d be happy to look in to this further for you. Please email your contact details to me if you would like me to call you to discuss this. ian@direct2compensation.co.uk

      Reply
  122. E Goddard

    Sir,
    I’m confused and angry about a car accident I had in 2013, driver did a U-turn against a red light, colliding with me twice, my car spun out of control, ending up in the centre of the road.
    I was thrown violently about, my head & shoulder repeatedly slamming into the drivers door. witness came to my aid, my right foot was caught under the accelerator, I couldn’t bend to free myself, excruciating pain shot through my back, bottom and right leg. He was finally able to free me.
    At the hospital, Doctor said I had soft tissue damage to my shoulder and whiplash to my neck, he couldn’t say what other damage had been done to back without an MRI.
    He wasn’t specific about anything else.
    The issue is, I had a pre-existing back problem at the time of the accident, C.E.S.
    I used a walking stick, took strong pain medication. But almost immediately following the accident, I realised I was injured far more than soft tissue. The nerves in my back affecting my bowels and bladder, something was wrong. I can’t talk about it in this email its too humiliating. The increased pains now so bad I’m unable to work, sleep properly, barely walk without a walker, but injury to my shoulder & arm means I can’t form a tight grip on the right handle, so my Walker pulls away and I’m left on the floor. Shortly before the accident I’d begun a new relationship, was going well, but cause of the embarrassing issues, I was found it impossible to be intimate., Finally I had to end it…as a woman the embarrassing effects are more than humiliating, its hard to talk about never mind bear. The accidents affected every facet of my life. I’ve no social life, barely even see my family. Though my pre-existing condition was awful, changing my life, difference being I had a life, pretty full one. Situation before the accident was fairly well managed, I saw my doctors regularly to ensure that, dealing promptly with anything that reared its head. I’d been signed of from any further treatment for my back. but now, this is a hell I never expected. The depression, the humiliating effects of my bladder and bowels, its unbearable. I’m ashamed to say I’ve wanted to end my life.
    The other side admitted liability immediately, but are now trying to use my pre-existing condition to get rid of me. I don’t know what to do, I need to move, I need help in my daily life, help I don’t want but I’ve no choice, some of my issues could be dealt with if properly compensated.
    Can they use my pre-existing condition to get rid of me, or make what I’ve heard called a nuisance offer.
    I know this message is long and thank you for taking the time. I look forward to hearing from you.
    Kind Regards

    Elaine

    Reply
    • Ian Morris

      Elaine

      Thank you for sharing your story with us. Don’t worry, we completely understand that some of the ‘issues’ that you mention are very personal and distressing. It is brave of you to share your situation with us and I hope it gives many other personal injury sufferers the confidence to discuss their situation in the future.

      When claiming compensation after an accident that has caused an exacerbation of pre-existing health problems, any previous health issues are taken in to account when calculating the level of damages (compensation settlement sum) that should apply to the accident. To do this properly, a full medical assessment should be undertaken with an expert medical witness of suitable subject expertise and knowledge. This assessment should take place with the expert having full sight of medical history relevant to the claim and full explanation of the incident at the heart of the claim. They should then conduct an assessment of the injuries, mobility, independence and recovery levels etc before writing an in depth report outlining the severity of the situation, what % of full recovery should be reached and in cases of pre-existing conditions, how and why they have been affected.

      Clearly, if someone already suffers with a serious back problem (for example) and then has a car accident that worsens this condition, it would not be fair or right to expect the car insurers to take full responsibility for the back injury. As such, you can hold them responsible for the amount of further damage or increasing symptoms that the car accident has caused. It is with this in mind, that your medical expert and Solicitor should be concentrating on the difference caused to you by the accident.

      The insurers cannot simply abandon you because of pre-existing health problems, but they are entitled to take them in to account when making any offer.

      Your Solicitor should be able to advise you if the offer is fair.

      Reply
  123. Zoe Ramshaw

    Hi
    I claimed for a car accident roughly five years ago and was paid out £1000

    Over the last couple years the injury has worsened to the point that I have had MRI, multiple pain clinic appointments, numerous physios, osteopath, lots of different prescribed pain relief and even a procedure to inject my spine.

    Obviously at first they didn’t suspect the injury to be that bad and just passed it through with a small payment but it is now subsequently a lot worse.

    Can i claim or is it a done deal?

    Many thanks
    Zoe

    Reply
    • Ian Morris

      Zoe

      Hi, thank you for asking us for some advice about road traffic accident compensation.

      In your situation, I’m afraid that there is nothing you can do in terms of seeking further compensation from the insurers who paid you £1000 some years ago. When you accepted that settlement, it would have been a full and final settlement and you therefore agreed to forgo any further claim as a result.

      Your only prospect of getting anywhere further would be by pursuing a negligence claim against the Solicitor/Representative who ran your claim for you on the grounds that they failed to ensure that your injuries were properly assessed and examined by a suitably qualified Doctor. Your prospects of succeeding with such a claim would be slim. There is a 6 year limitation on claims for negligence of this type, so you are likely to be within that.

      Obviously nobody can fully predict future complications and unless your Solicitor failed to either investigate an obvious issue or failed to give you the option to investigate further, any such claim for negligence would be unlikely to get far.

      Any claim for professional negligence isn’t something we could assist you with, but I wish you luck.

      Reply
  124. Steve Sanderson

    I fell down a 5′ manhole that was covered with a makeshift piece of steel as a permanant cover. My left leg went down into the manhole causing the edge of the manhole lid to go up my shin and dig into my kneecap. My right leg took all the weight and i collasped falling forward over the manhole trapping my leg between the lid and the manhole.I reported the incident and it was put in the accident report book along with the photos taken. My witness too the fall also put in a signed statement.
    I went to the doctors who at first thought i had ligament damage. He told me to go back after two weeks on pain killers to see if my kness had got any better. After two weeks I went back and he made me an appoiment to see a physiotherapist. after several months of no improvement to the knees after the physiotherapist said there must be something more wrong with the knees and he made me an appointment to see a consultant at the local hospital. They took an xray and the consultant suggested that I needed a partial knee replacemen on my left knee. He arranged for me to see him a again and to arrange the date for the operation. At the next consultation I told him about my right knee was also injured in the fall so he said he would do an arthroscopy on my right knee at the same time.
    I ended up having the partial replacement in the left knee and damaged cartilage too the right knee removed having also being told the right knee needs a partial replacement in 12 to 18 months time.
    I instructed a solictor through my union to pursue the case. The company admitted liability for negligence by fitting the sub standard cover.
    I have been to see an independant consultant to make a report and he suggested having looked at the xrays that I had existing degenerative problems with my knees and was 6 to 9 months away from having these operations without the accident. He has said the trauma had accellerated and existing underlying problem.
    In 1995 I had a small piece of floating cartilage removed with an arthoscopy and have never had any problems with my left knee since. I have never been off work and Iv’e never been to the doctor with any symptons with knee problems. There is no mediacal evidence that iv’e been to the doctors with any problems since 1995, with both knees.
    I have been told that I can only claim for pain and suffering for the 6 to 9 months when he predicts that I would have had the surgery done anyway. The sum my solicitor is asking for is £2750. She has told meIi may not be able to claim for the 15 weeks loss of earnings or the 4 days in hospital because the report says i would have had to have the operation done in the near future anyway.
    Up to the accident I use to bike 12 miles everyday to work without any problem so I cant understand how he has come to this conlusion.
    Ive never had time off work with any knee problems.Iive never been to the doctors with any concerns with my knees. I did all the activities normal people did without any problems. After the fall my life change from no symptoms to knee replacement within a year and cartlilage removed from my right knee. In his report he says the problems im having are nothing to do with the accident and that it only accelerated a non exsistant problem i was having.
    Do you think I have more of a case then £2750. Is it worth using a different solicitor.
    regards
    steve

    Reply
    • Ian Morris

      Steve

      Thank you for sharing your story with us. I am very sorry to read that you have had what would appear to be a negative outcome (so far) with your claim for compensation.

      It is very difficult for me to advise you as I am not in receipt of the full file of papers and have not seen the medical report. However, I would advise you to request a 2nd opinion from a different Surgeon/Medical Specialist and seek a report from them. I would have thought that your lack of attending a GP for any knee related problems since 1995 and the evidence of your pre-accident fitness (cycling to work etc) is something that ought to lead to a higher settlement valuation. I cannot however guarantee that this would be the case for you.

      Have you spoken to your Solicitor about the lack of knee problems prior to the accident? About the possibility of getting witnesses to confirm that you were in good health and cycling 12 miles daily and seeking a 2nd opinion medical report?

      Reply
  125. Birgit

    I had a car accident in 2005 ..which was a head on collision.my car at the time did not have airbags but I was wearing my seatbelt .the other party was found to be in the wrong and I got compensation..
    But over years I have started to suffer with my chest ..stabbing pains to not being able to breath proply
    Can I claim on an existing claim..

    Reply
    • Ian Morris

      I am afraid that my view is that you will be unable to take any action to obtain further compensation for the symptoms that you are now suffering from, even if these symptoms can be directly linked to the Road Traffic Accident in which you were injured in 2005. There are 2 issues that indicate to me that you can do nothing further in terms of any claim.

      Firstly and most importantly, you are now well outside of the 3-year claim limitation period. The law in the UK is strict in this regard and states that any injured party wishing to pursue action for compensation MUST do so within 3-years of the date of an accident. This applies to any person aged 18 years or over at the time of the accident and is strictly applied. Once the 3-year period has expired, a statute of limitations applies and you can take no action.

      Secondly, you mention that you did receive compensation and therefore you did proceed with a claim within the 3-year period. Any settlement obtained in that claim would be a full and final settlement and would have taken in to account the full extent of your injuries and losses at the time. The extent of the injuries would have been agreed between you, your Solicitor, a medical expert and the 3rd party. As you accepted any offer made at the time, you cannot now return to that 3rd party demanding further compensation even if you feel that your symptoms or life is affected more severely than anticipated at the time of settlement.

      I am sorry to give you disappointing news.

      Reply
  126. bianca burge

    i had a disc problem in my back, i was on medication for a few weeks, i had no problems for 3 and a half years and then i was assulted knocking me to the floor an making a exsisting injury 100 percent worse, i hav injections every 6 months,i have had the nerves fused together which has also bought on depression,ive also been on pain medication every day now for a few years,can i make a claim,

    Reply
    • Ian Morris

      Bianca

      Thank you for visiting our compensation claims website, I hope that you have found that the site is a useful resource with regards to your legal rights for compensation.

      I am sorry to read of your situation and the severe injury you have sustained to your back. If I understand correctly, you had a pre-existing condition/injury that you were managing well and living a normal life. The symptoms and pain was then materially worsened due to what would appear to be a criminal assault? If this is correct, you may be able to pursue a claim for compensation.

      In the United Kingdom, there is a Government funded body that anyone who is injured in a criminal assault can pursue a claim for compensation with. This body is called the Criminal Injuries Compensation Authority (CICA) and they are based in Glasgow, Scotland. There are strict criteria to allow an injured person to succeed with a claim to the CICA such as full cooperation with the Police following any assault, where a statement MUST be made to the Police and charges MUST be pressed. Medical treatment must also be obtained and the claim must be pursued within 2 years of the assault.

      We can assist with such claims. If you would like us to help you with a No Win No Fee criminal injuries compensation claim, please call us on 01225430285.

      Reply
  127. anthony peersley

    Hello

    I was recently involved in a car accident where an elderly lady turned right from a left hand lane. She has admitted full liability through her insurance. When the accident happened I was in total shock and left my car and walked home (few streets away). I did not attend hospital straight away but through the night I began to get severe pins and needles in my fingers, my wrist swelled as did my arm. I had pain in my shouder and my arm would not and still will not striaghten. I cannot get my get my small fingers to my thumb. At A&E I was advised that my nerves in my arm (right) was damaged/aggrevated due to me hitting against the door as she hit my car. I was given painkillers and told to wait the standard two weeks then advise my GP of my condition. The pain was that bad that after 5 days I saw my GP who gave me strong painkillers and advised to try them for a week to see how my arm feels and if no better then I shall be referred to a Neurologist. My question is I have had an operation on my right hand nine years ago for arthritis where recovery took some 2 years. I have not seen and medical professionals for my arthritis in 7 years as I felt the surgery was successful. Could I make a claim for compensation for my injuries as the accident?

    Reply
    • Ian Morris

      Anthony

      From the information you have provided about the car accident and the injuries you sustained in that incident, I am of the view that you have both a viable and valid claim for compensation for the injuries you sustained – including for the exacerbation of any pre-existing or ‘old’ injuries/health issues. Of course, the accident must have happened within the last 3 years for you to be able to make a claim.

      May I suggest that you either call us on 01225430285 or email your number to me so that we can call you. Within 5 minutes on the phone, we’d have sufficient information to be able to then instruct one of our specialist car accident compensation solicitors to contact you to pursue this claim for you on a No Win No Fee basis.

      We look forward to hearing from you.

      Yours sincerely

      Ian

      Reply
  128. Pearl gray Ayton

    I sustained an injury to my back on the job in 2013 i sought medical treatment and was put off work for approx eighteen days I was also referred by my gp to the back team for physiotherapy at the time I did not realised that I should file a claim when I did seek advice I amrealised I am now five months late can I claim for aggravation of pre- existing injury i have been moving & handeling various weight over a carpeted surface cause my injury to flare up.

    Reply
    • Ian Morris

      Pearl

      Sadly, if you are in the UK, the law only allows a claimant a maximum period of 3-years from the date of an accident in which they can pursue a claim for compensation. This applies strictly to all claims regardless of pre-existing conditions.

      Reply
  129. Zoe Jenkins

    Hi

    I had scoliosis correction on Jan 22nd 17 and was advised by my doctor not to drive for 6 weeks, I left it 12 weeks till i started to drive little distances because I then felt confident but then on Friday 8th April 17 a BMW went into the back of my car causing me and my passenger to be thrown forwards and my car was then written off, third party has confirmed full fault for this accident. Is it legal for me to claim compensation I fear the third party will try and blame all the injuries on my spinal surgery I had in January. I would just like to be reassured that I could have a good chance as this has completely destroyed my confidence.

    Thanks

    Zoe

    Reply
    • Ian Morris

      Zoe

      Yes, you can definitely claim for this. Although you have had recent surgery, that would not prevent you from claiming. In your case, medical evidence can be used to determine the damage that the recent accident has caused to you and how it has impacted on any pre-existing condition or surgery.

      Call us on 01225430285 or email your number to us and we’ll call you to help you get your claim for compensation started.

      We look forward to hearing from you.

      Reply
      • Zoe

        I’m worried about DVLA I didn’t get told you have to let them know of any types of surgery. I feel I have no leg to stand on if I didn’t tell DVLA.

        That’s really helpful thank you.

        Zoe

        Reply
        • Ian Morris

          Zoe

          Hi, you need to inform the DVLA if you develop a ‘notifiable’ medical condition or disability. In most cases, this is done automatically by the Doctors that provide treatment. In your case, I don’t know if your condition would be ‘notifiable’, so it may be wise to speak with the DVLA just to ensure that you are acting within the law.

          We would be very happy to help you with a claim. If you need any assistance, please email your contact number to me.

          Yours sincerely

          Ian

          Reply
  130. Gemma

    Hi. My husband has recently had surgery (6weeks ago) for a revision disectomy. It was done privately via a work insurance scheme. He suffered with extreme sciatica as a result of a badly slipped disc. He’s had time off of work and is due to return on a phased scheme due to the nature of his surgery. In the last week, a taxi driver pulled out and collided with the rear drivers side of our car, he was completely at fault – im wondering if there is grounds for a successful claim, firstly because he’s still fresh out of surgery, who knows if it’s jolted the disc slightly, potentially causing it to slip again in the future. secondly because the collision, although only moderate, has also caused some pain to the shoulder area and to the lower back.

    Reply
    • Ian Morris

      Gemma

      Hi, there is definitely a claim to be made here – for your husband and anyone else in the vehicle who sustained injuries.

      In the case of your Husband, he can clearly claim for the pain to the shoulder and also for the injury to his lower back. Of course, he has a notable pre-existing ‘injury’ and therefore the condition of his lower back was known to be weaker than usual. However, he can still claim for any further damage – or set back to recovery – caused by the road traffic accident you mention.

      I’d like to take this claim on for your Husband, so email your number to me and we’ll call you to get this up and running.

      Yours sincerely

      Ian

      Reply
    • Ian Morris

      Gemma

      Hi, there is definitely a claim to be made here – for your husband and anyone else in the vehicle who sustained injuries.

      In the case of your Husband, he can clearly claim for the pain to the shoulder and also for the injury to his lower back. Of course, he has a notable pre-existing ‘injury’ and therefore the condition of his lower back was known to be weaker than usual. However, he can still claim for any further damage – or set back to recovery – caused by the road traffic accident you mention.

      I’d like to take this claim on for your Husband, so email your number to me and we’ll call you to get this up and running.

      Yours sincerely

      Ian

      Reply
  131. Taylor

    HI there,

    I was recently in a car crash as a passenger in a taxi when a van crashed into the back of our vehicle which was static when we were hit. The week before I had injured my knee by falling down the stairs and having visited a and e they told me my leg was stable and there was no real issue with my knee. However, during the crash I had my leg straight and against the foot well which caused me serious discomfort. Having attended a and e after the crash I was referred to a consultant and it has now been confirmed I have an ACL rupture and tear to my lateral meniscus. The question I have is how will me having a previous injury despite it not being severe affect my claim?

    Thanks,
    Taylor

    Reply
    • Ian Morris

      Taylor

      Hi, thank you for visiting our website.

      I am sorry to hear about your car accident and I hope that you are not too upset by the incident. The situation you describe would not have any undue effect on a claim for compensation for the injuries you have sustained in this car accident.

      If I understand your comment correctly, you had been checked over for a knee injury after a fall down some stairs and given a diagnosis of soft tissue damage – such as bruising etc, with no significant injury. The Hospital have discharged you at that stage with no further medical treatment. The fact that you have then sustained damage to that knee in a road traffic accident a week later in which the injury to the knee is now significant and requiring remedial surgery, simply indicates that the injury was caused by the road traffic accident.

      Of course, your knee may have been a little weaker than ‘normal’ due to the existing bruising etc and a defendant insurer may try to use that to settle the claim at a lower rate, but there is no material proof that your knee was weaker given the Hospital’s findings when examining your knee after the fall down the stairs.

      You should definitely pursue a claim for this injury and we would gladly assist with this. Please call us on 01225430285 or email your number to me so that we can get in touch and help you get your claim up and running.

      Yours sincerely

      Ian

      Reply
  132. Richard

    Good evening,
    I have worked as a teacher at my new school for 6 months (being a teacher 18 years) A few months ago I began with back pain after taking up running (aged 49). i am a healthy hiker of mountains and generally run during the winter months when not on the mountains. In january I had a few days off with back pain but never went to the doctors. \I stopped running and have since been to Spain in Feb hiking. Today after I called on phone for a pupil to be removed from my class and emphasizing this was a relative emergency as she was knocking books and pencil cases etc off other pupils tables and therefore causing further disruption, nobody came to remove her. I managed to calm her down and others, but at the end of the lesson as I dismissed te class she pushed passed me to be out first. As i stood then on the inside she pushed open the door to beckon her friend and the door handle when into my back, causing a jabbing pain, witnessed by 25 pupils and a teaching assistant. I reported this to the head of year who took the call for her initial removal, went home and 5/6 hours later my back is in agony. I understand this is probably an aggrevated injury, but feel this is caused bty the negligence of the so called ‘on call’ system’ of my school. I intend to visit my doctor tomorrow or Friday and have emailed for access to the ‘accident book’ and will get in touch with NUT, but fear as I have been off with back injury and only been there 5 / 6 months the school will attempt to fudge the issue or muddy the water while I am off. – Advice please

    Reply
    • Ian Morris

      Richard

      I am sorry to hear of the incident at work yesterday in which you have sustained an injury or exacerbated a pre-existing condition. There may be grounds to pursue a claim against your employer if their ‘on call’ system failed to adequately protect your health and safety in the classroom. I would say that the school is likely to mount a defence relating to the fact that the cause of your injury was simply an ‘accident’ where the door handle was ‘accidentally’ knocked in to your back. However, there is still worth in pursuing this further.

      To answer your point about the school ‘fudging’ the issue whilst you are away from work, you need to make sure that you provide a full written statement of the incident to your employers. You should request that this is added to their accident book system. In this report, you should record the turn of events in chronological order and how you had requested that the pupil in question was removed from the class and that this had not happened. You should then also put your point that the incident with the door handle would not have happened if the employers ‘on call’ system had worked as you had expected and the pupil had been removed. I would advise retaining a copy of such a statement for your records and also copying the same to your Union.

      I hope that this helps.

      Yours sincerely

      Ian Morris

      Reply
  133. Paul foster

    Hi, my work colleague had an accident at work a good few years ago whereby a pack of ply leaning against a wall fell on him breaking his leg quite badly. He received some compensation but not as much as you would expect for such a bad accident. He is now having problems with the injury, suffering with arthritis in his older age.would he be able to make a second claim?

    Reply
    • Ian Morris

      Paul

      Sadly, I don’t think your colleague has any hope of gaining further compensation – I would imagine that the settlement they received some years ago would have been a full and final settlement.

      Ian

      Reply
  134. Michala Gilfoyle

    Hi there,
    I was recently in a car accident where I was a passenger hit side on.I have back issues anyway and have recently found out I have 3 fractures in my spine.However before the accident I was still able to do alot of things albeit in pain,but now I’m unable to do practically anything,spending all day at home.Cant walk unaided and pain is unbearable.Can I claim or would it just be put down to “existing conditions”. Thanks in advance.

    Reply
    • Ian Morris

      Michala

      You can certainly make a claim for compensation – despite having pre-existing conditions.

      It is clear that being in an accident such as a road traffic collision will cause any persons involved to be violently jolted and thrown around and injured. The fact that you have had some pre-existing problems relevant to the issues that this car crash has caused would not stop you claiming.

      When you pursue a claim for compensation after a car accident, your solicitor would obtain your medical records relevant to any treatment provided as a result of the car accident, but also any relevant previous treatments or diagnosis of conditions relating to the injured area. A specialist would then assess you and take in to account your pre-existing conditions and how much the accident had exacerbated the symptoms.

      Please call us on 01225430285 or email your number so we can call you (ian@direct2compensation.co.uk). In just a few minutes we can take the details we need to then link you with the right specialist car accident injury solicitor and get your claim up and running.

      We look forward to hearing from you.

      Yours sincerely

      Ian

      Reply
  135. Clive Bradshaw

    I had an injury at work many years ago (1989) over the years this has resulted in 8 procedures on my knee the last one being in 29/11/15. After about 8 hours post operation I started with associated pain down my other leg (after an MRI scan ) which turned out to be a prolapsed disc. I was off work for 8 weeks then put on a phased return to work for a further 12 weeks until a return to full duties. I never made a claim in 1989 and haven’t made any claim since. My back has gone again and I’m awaiting results of a further MRI scan. As all these injuries are related over the last 28 years am I entitled to make a claim
    Regards

    Reply
    • Ian Morris

      Clive

      I am really sorry to hear what a painful 28 years you have endured.

      Unfortunately, it is extremely unlikely that you would be able to do anything regarding the initial cause of your problem – the accident/injury from 28 years ago. The law allows a very strict claim limitation period of 3-years from the date of an injury/accident in which the injured person can pursue a claim for compensation. Once that 3 year period has expired, the injured party is statute barred and unable to take action.

      I realise that the initial injury has caused further associated injuries/health problems but that would not change the material fact of the initial date of the injury.

      If you feel that any of the medical treatment has been negligent and caused other problems, there may be something you could do in terms of a clinical negligence claim, but again – the 3-year limitation period is relevant. In clinical negligence cases, the 3-year period will start at the date of negligent treatment – or the date at which the claimant became aware that the clinical treatments provided had been carried out negligently.

      I’m afraid that we are not a clinical negligence specialist. As you may appreciate, it is a very complex and specific area of the claims portfolio and as such it tends to be managed by specialist clinical negligence Solicitors. You may wish to seek such a firm out and discuss your situation with them.

      Yours sincerely

      Ian

      Reply
  136. Wayne bennett

    I recently dislocated my shoulder at work and have had to take the last month off. I previously dislocated my shoulder about 6 yrs ago. Is it still possible to claim compensation even though it was a previous injury?

    Reply
    • Ian Morris

      Wayne

      The fact that you had previously injured that shoulder would not stop you from being able to pursue a claim for compensation. The pre-existing injury is relevant in terms of the total damage done in the accident at work, but you should still pursue a claim for compensation if you feel that the employer is responsible in anyway.

      Please call us on 01225430285 so that we can discuss this with you and help you get a claim started.

      Yours sincerely

      Ian

      Reply
  137. Eric

    Hi

    I had an accident 2 weeks ago and although the other side has not admitted liability, the other sides insurance have paid to repair my car so seems they will be admitting soon.

    I have suffered from mental health issues all my life and this accident has made everything much worse. Can I claim on top of whiplash or as it’s an existing problem will it not be considered ?

    Finally, what amount of compensation will or can I get for my psychological.

    Reply
    • Ian Morris

      Eric

      Thank you for contacting us regarding a recent road traffic accident. I am sorry to hear that you have suffered physical injuries (whiplash) and also suffered a worsening of a pre-existing condition.

      Clearly, it is very difficult to know what amount of compensation you will be able to get at this stage – as this can only be properly calculated with the knowledge of medical treatment and in most personal injury compensation claims, by having a specialist medical evidence report written by an expert.

      That said, you most certainly should be able to claim for both the whiplash injury and also for the exacerbation of your mental health issue. You should ensure that you report all of your symptoms – both physical and psychological to your GP so that there is a record within your medical notes to indicate that you have reported these problems.

      I would suggest that you call us on 01225430285 or fill in a contact form on our website so that we can chat with you. I would have thought that in a few minutes on the phone, we would be able to give you a better understanding of what we can do to help and how our Solicitors would be able to pursue a claim for you – for both your physical and psychological injuries.

      I hope that this helps you and we look forward to speaking with you.

      Yours sincerely

      Ian Morris

      Reply
  138. Jeff reece

    Hi i had an existing back complaint not too serious but at work whilst carrying a length of pipe my back went badly and was informed by my doctor i had slipped a disc.. i had to have nearly three weeks off work unpaid but have i got a compensation claim even though i had a ” dodgy” back already..thanks

    Reply
    • Ian Morris

      Jeff

      Thank you for asking about claiming compensation when a pre-existing injury is exacerbated and worsened by working practices. The simple answer is yes – you can pursue a claim for compensation for the worsening of a pre-existing injury or complaint.

      In your case, whether or not you will be able to succeed with a claim will rest on being able to demonstrate employer negligence towards your health and safety. We would need to find out what kind of training – such as manual handling training – was offered by the employer, how they asked you to lift and work and what weight the items were that caused you to suffer the symptoms you mention.

      If you would like us to investigate this for you, we’d be more than happy to do so.

      We look forward to hearing from you.

      Regards

      Ian

      Reply
  139. Elizabeth Gordon

    Hello,

    I had a car accident on 24 July 2016 in which my daughter and I were injured. Liability has now been admitted by the third party. However, the solicitors acting on my behalf from the insurance company only seem to be processing a personal injury claim for myself and not my 8 year old daughter who has ongoing injuries- including to her eye. Can I use two different solicitors? One for my claim and a new one to act for my daughter as she definitely should be compensated.

    Thanks,

    Elizabeth

    Reply
    • Ian Morris

      Elizabeth

      I am sorry to hear about the car accident in which you and your daughter were injured. Claiming compensation after a car accident is usually a straight-forward matter and is something our specialist injury compensation solicitors are ready and able to proceed with.

      In answer to your question, you are free to instruct two separate firms in this matter – one to run your claim and one to run a claim on behalf of your daughter – given that liability has been admitted, running a road traffic accident compensation claim for your daughter is something we would be very happy to assist with. In the case of a claim for personal injury compensation after a car accident (or any other type of matter), there is no requirement for claimants to place claims with the same Solicitor, law firm or claims company. This gives you the right to select and choose the right solicitor to suit your needs.

      If your daughter is under the age of 18, a parent or guardian (you/her Father) would need to act as a litigation friend and sign a Conditional Fee Agreement (No Win No Fee) on her behalf and provide instructions to her Solicitor for her. However, if she is over the age of 18 years, she can act on her own and choose who to instruct and what instructions to provide.

      We’d like to pursue your daughters claim for you both and to this end, I would like to get your contact details so that we can make contact and take the relevant information in order to get your daughters claim over to one of our specialist injury compensation solicitors as quickly as possible. Therefore, please either respond to my email to you with your contact information or complete a claim enquiry form on our site and we’ll then make contact and get your daughters claim up and running.

      I look forward to hearing from you.

      Yours sincerely

      Ian Morris
      Direct2Compensation

      Reply
  140. Afaya Syed

    I wish to discuss my case with someone please. I had a car accident on 19/3/15.

    07508242405

    Reply
    • Ian Morris

      Dear Afaya

      Thank you for your enquiry, one of us will make contact with you to discuss the specifics of your car accident case.

      Yours sincerely

      Direct2Compensation

      Reply
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