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

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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.

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  1. 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.

    • 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.

  2. 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?

    • 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. We offer a simple to understand No Win No Fee claims process and have expert specialist Solicitors ready to pursue your claim.

      You can call us on 01225430285 or use the ‘start a claim’ page of our website to get the ball rolling. Alternatively, you can email your contact number to me (ian@direct2compensation.co.uk) & I’ll call you to explain your rights and how we can help you claim compensation.

  3. 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.

    • 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.

      We would like to speak with you and invite you to call us on 01225430285 or use our ‘start a claim’ page so that we can further discuss your situation and future options of claiming compensation.

  4. 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?

    • 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.

  5. 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?

    • 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.

  6. 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.

    Kind regards

    • 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. Why not use our ‘start a claim’ page from the website or call us on 01225430285 to start your claim.

  7. 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?

    • 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.

  8. HI THERE
    i have made a claim and was paid out for the accident and i but the accident has made me unable to walk far and my sympoths have got worse over the years can i claim again as i am unable to walk now due to my knee injury

  9. 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

  10. 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.

    • 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.

  11. 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.

    • 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.

  12. 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.

    • 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.

      • 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 l8ads 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 in an in as its aggravating it . Thank you

  13. Hi don’t know if you can help me back in 2010 I was in a coach on a break test when the driver suddenly breaked with no warning I hit the dash board 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’m 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 thank you Stephen

    • 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.

  14. 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 oparation 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?

  15. 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 m 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

    • 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.

  16. 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 ?

    • 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?

  17. 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.

    • 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.

  18. 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, thanks

    • 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.

  19. 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?

    • 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.

  20. 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. Beaca user I already claimed can I still claim for the epilepsy?

  21. 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?

    • 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.

  22. 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?

    • 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.

  23. 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

    • 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.

  24. 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.

    • 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.

  25. 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.

    • 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.

  26. 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?

    • 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.

  27. 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.

    • 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.

  28. 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.

    • 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.

  29. 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.

    • 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.

  30. 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

    • 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.

  31. 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

    • 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.

  32. 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?

    • 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.

  33. 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.

    • 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.

  34. 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?

    • 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.

  35. 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.

    • 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.

  36. 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?

    • 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.

  37. 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.

    • 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.

  38. 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

    • 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.

  39. 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

    • 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.

  40. 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

    • 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.

  41. 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

    • 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

  42. 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

    • 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.

  43. 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

    • 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.

  44. 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

    • 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?

  45. 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..

    • 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.

  46. 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,

    • 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.

  47. 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?

    • 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

  48. 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.

    • 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.

  49. 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

    • 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.

      • 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

        • 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

  50. 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.

    • 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

    • 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

  51. 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

    • 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

  52. 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

    • 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

  53. 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?

    • 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

  54. 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.

    • 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

  55. 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

    • 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

  56. 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?

    • 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

  57. 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.

    • 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

  58. 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

    • 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

  59. 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

    • 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

    • 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

Direct2Compensation Personal Injury Claims

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