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

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

In most cases, when someone has an accident that leads to them suffering a personal injury, it is a new injury, a new health problem and a new issue for the injured person to cope with. For others, 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 worsened by an accident, can the injured person still claim compensation for it? Can they hold the 3rd party liable for their situation even though they already had problems? And will it affect the settlement value of their claim for personal injury compensation?

You can claim for pre-existing conditions

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. 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. If you can prove liability, you can claim compensation on a no win no fee basis.

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. This would also include mental health as well as physical conditions. Indeed, by making a claim for compensation, you will get access to further medical assistance that could well help you to recover more quickly.

The claims process is the same for new and pre-existing injuries – your solicitor will get your authority to access medical records and then instruct experts to assess you and write a qualified report evaluating the impact of the accident. This will form the basis for your solicitor and the insurers defending the claim to discuss what level of compensation you should receive. However, evaluating the amount of compensation due can be a little more complex when claiming for a worsened pre-existing health condition or injury,

Medical records are used in evidence

When a medical expert conducts a detailed examination, they may well find that the injured claimant has a pre-existing condition that would, in due course, have become an issue anyway. Therefore it is not possible to state that the long term implications of injury were caused by their accident, just that the accident and injury caused has sped up the onset of any symptoms from the pre-existing condition. Of course, such an outcome from a medical is often unwelcome.

In such cases, experts are saying that the claimant would have suffered problems at some point and that the accident has simply caused an earlier onset of symptoms. Because of this, a claim can be made for the exacerbation of symptoms but the claimant cannot hold the defendant responsible for them in full.

Having said that, 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

People who have had their condition worsened by an accident that was not their fault often feel reluctant to claim due to being embarrassed. They may like to live life privately and do their best to hide their health problems from the outside world. Many feel (wrongly) that they may lose their job if their disability is discovered and learn to work through it 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.

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. It’s usually really quick for us to find out if you have a valid claim, just leave a question below or call us on 01225 430285, or we can call you back.

 

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

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Questions & Answers


  1. Dionne Mongelard

    I was involved in an accident and my spine is now visibly twisted. I did receive compensation but not much and my spine is in constant pain. My partner & I were passengers and we were both hurt with significant injuries. We both received low compensation amounts but were told that we would receive additional sums of compensation at a later date if there was any.

    We are both still in pain, myself with my back (and now my teeth falling out all of a sudden) and my partner had soft tissue damage, bruises and cuts. He still suffers from pains in his legs with a lot of clicking in his neck, pain to his legs and back pain. Can we claim further?

    Also, we received no physiotherapy and were just told to exercise at home?!

    Reply
    • Ian Morris

      Who told you that further compensation would be payable at a later date? You really should revert to that person/organisation as it is very unusual for a claimant to not receive full damages when settling their claim – or at least knowing what further payments would come and when.

      Reply
  2. Stephen

    Hi, I had an accident about 4 years ago and made a claim. Last week I was kicking ball about with my mates and something in my knee went and could no longer walk was wondering since my insurance won’t cover it would I be able to claim back money I have lost due to being off?

    Reply
    • Ian Morris

      To be able to make a claim for compensation or loss, the claimant must be able to demonstrate negligence on the part of a 3rd party – a business or organisation. In the scenario you describe, there would not appear to be any route to pursuing a claim for compensation as there has been no negligence, just an unfortunate injury caused whilst undertaking an activity that bears inherent risk of soft tissue injury.

      Reply
  3. Suzanne

    Hello, back in 2005 I had an accident at work, it was taken further and my employer settled out of court on the day it went to court! Unfortunately I ended up with traumatic arthritis and had to have both my knees replaced due to the initial accident which I wasn’t expecting and this has left me with chronic pain syndrome and I have not been able to work since the accident. My question is I was recently contacted by a person saying they were a solicitor and asked me had I suffered since my accident and had loss of earnings etc and that he could reopen my case and get more compensation for me! I told him that I thought my case would be statute barred as this happened many years ago but he said that did not matter in special circumstances like mine. Is this true? Why do I have a nagging feeling in the back of my brain this is some form of scam but if so how did he get hold of my information and know the details of my accident! Regards Suzanne.

    Reply
    • Ian Morris

      Without knowing who contacted you or the way in which they obtained your details, it is impossible to say that it is definitely a scam, but I think you are right in being very cautious about their approach.

      Essentially, it would seem to me that your claim has been settled – even if you are continuing to suffer as a result of the injuries you sustained in the matter that formed the initial claim. As such, the prospect of returning to seek increased damages is extremely unlikely.

      Any Solicitor cannot ‘cold call’ or make an unsolicited approach to a claimant and can only contact you if you have requested them to do so. As such, whatever the Solicitor says, they first need to demonstrate that they have contacted you legitimately.

      Reply
  4. Julie

    I have a pre-existing knee condition for which I was wearing a knee brace while working. This injury was made worse by a workplace fall caused by a faulty handrail. I was not wearing my safety boots which my company provided me with, I was wearing trainers so does this affect my ability to claim for compensation from the liable party ?

    Reply
    • Ian Morris

      The type of footwear that you had on will not prevent you from pursuing a claim, but may impact on the amount of liability that the employers insurers will have to accept.

      However, as the cause of the injury appears to be a broken/faulty handrail, the type of footwear you had on is likely to be seen as irrelevant.

      Please call us on 01225430285 for further advice, or if you prefer, you can ask us to call you.

      Reply
  5. Laure

    I had an accident and have suffered problems with my lower back, glute psin, sciatica etc since, and have undergone physio. I have had an MRI which shows degenerative disc disease to my Lumbar/sacral which is exactly where I suffered blunt trauma from the accident (fall from a horse at speed). The Defendant has accepted blame. I have photos of severe bruising to that exact area that the MRI showed DDD. My medical records show that I had sciatica 2 years prior to the accident. Do you feel that I have a case to get compensation for the exacerbation of my existing DDD?

    Reply
    • Ian Morris

      Your Solicitor should be able to instruct a specialist medical expert to assess your MRI results, your medical records and interview you in order that they can provide a prognosis on the injury including the exacerbation of any pre-existing symptoms or conditions and this can then be included within your heads of claim.

      Reply
  6. Melanie Birch

    My daughter was involved in a car accident approximately 4 years ago. She was paid a small settlement for whiplash. She has over the last 4 years had lots of problems with the injury site . Bad neck , shoulder & upper back pain. Today she has seen a professional deep tissue / sport injury massage therapist. Her condition is worsening not getting better over time. The therapist has told my daughter she needs to go for an MRI as he feels there was damage there that was not picked up on or investigated fully. When she was awarded a small settlement she has to see a GP to be assessed. This GP asked her to only turn her head from side to side not really an examination. The therapist feels her injuries were not investigated fully & this is why no real treatment was given apart from a massage at the time with another sport / injury massage therapist. My main question is Is there anything my daughter can do about this issue? I understand a settlement all be it small was already paid but how was she supposed to know this would still be ongoing for this amount of time? Thanks Melanie

    Reply
    • Ian Morris

      It is unlikely to be possible to revert to the defendants and seek higher or more damages as they will have been seen to have agreed a full and final settlement.

      Reply
  7. Simmy

    Good afternoon, before my rta in 2018 (whilst stationary a car went into the back of me) I suffered from mild sciatica, only affected me in cold weather. Since the rta, my mobility has worsened, my leg gives way and some days I cannot walk at all. The expert has only attributed my accident related injuries for 24 months any other symptoms I’m dealing with is from my pre-existing condition. Am I right in thinking that means that my current mobility issues – the expert says – is not related to the rta? Thank you

    Reply
    • Ian Morris

      I should point out that I am not a Doctor or a medical expert. However, it would seem that the medical expert in your case is of the view that the RTA is responsible for causing a worsening of your symptoms and essentially brought forward worsening symptoms by 2 years. Effectively, the expert is saying that you would have had the symptoms you have had for the past 2 years by now.

      Reply
  8. Sarah

    Hi
    I was involved in a car accident that was not my fault, I am considering claiming compensation for my Injuries , however I had a 2nd crash a few months afterwards which was my fault. Do I have to declare this 2nd crash and will it affect my original claim ?

    Reply
    • Ian Morris

      Although you do need to declare the 2nd ‘fault’ accident, it has no bearing on any claim for the injuries or losses caused in the non-fault accident that happened prior to that incident. You must declare it for 2 reasons. Firstly, it is essential that you do not give the defendant any opportunity to accuse you of being dishonest or misleading them. If they were to identify a 2nd accident that was not declared, they would question your integrity. As you may imagine, defendant insurers look for any opportunity to call a claimants integrity in to question and if they can do so (such as if you did withhold important information from your Solicitor and the defendant), not only would your claim be thrown out, you would face the risk of costs – even if your claim is being handled on a No Win No Fee basis.

      Secondly, the 2nd accident may have exacerbated injuries and this needs to be looked in to by a medical expert in pursuit of your compensation. It may make no bearing on the value of the claim, but it must be disclosed.

      Regardless of the 2nd ‘fault’ accident, you can make a claim and we would love to help you to do so.

      Reply
  9. Susan

    I think its pathetic as I am disabled and have had pain but since crash in November last year. I’ve been offered crap money.

    The specialist who did the video call didnt give me chance to speak and they say I’m disabled as it is, so it’s down to past problems and they refuse to believe that I have ongoing pain caused by this crash.

    I don’t work and to see another specialist virtually will cost me £500 or more, so have no option but to accept offer.

    Reply
    • Ian Morris

      I can appreciate your frustrations and understand why you feel so aggrieved. You would be within your rights to complain about the medical expert and their failure to allow you to express your observations and you shouldn’t accept the settlement if you do not agree with it.

      Reply
  10. Annette

    I was involved in a rear ended collision other driver took responsibility, a year ago I had a successful prolapse operation was told this should last five years, roughly a week after accident my prolapse has came back. Could this have been due to accident? Also I have a physical job and I know this will affect my work, can I claim?

    Reply
    • Ian Morris

      You can make a No Win No Fee claim for personal injury compensation for the injuries sustained in this accident – both new soft tissue injuries and also the exacerbation of your pre-existing condition.

      In terms of your work, if you remain unfit for a long period and are no longer able to do the work you were recruited to do due to fitness/health, your employer can (if they have no suitable alternative position within the business) terminate your employment on the grounds of ill health. However, they must follow due process before they do terminate your position.

      Reply
  11. Phillippa

    I was knocked down by a car approximately 2 years’ ago, and filed a claim for £4,.000. I now have resulting bruising damage to both upper arms, particularly the left one. which has recently become extremely painful within the last year.

    Is it possible to make a further claim, as the bruising is a direct result of having saved myself, landing heavily on both arms, due to this accident?

    Reply
    • Ian Morris

      If you have already settled the claim, you cannot return for further compensation now. If however, your claim is still opened and not settled, the long term consequences of the injuries sustained should be assessed by a specialist and included in the claim settlement request.

      Reply
  12. Gill

    Hi I was involved in a RTA where a taxi went into the back of me and pushed me into on coming taxi . I had whiplash and back pain due to the force . However I banged my knee but didn’t think of it until I was having pain . I was sent for physio but it weren’t helping and physio was concerned and sent me for a MRI scan which shows that my ligament could snap at anytime. I have been sent to a knee consultant now as I will need an operation I’m just concerned as I went to the doctors in 2015 about pain in my knee I was sent for X-rays but it came back fine, my solicitor asked for medical history which this is on, will it affect my claim?

    Reply
    • Ian Morris

      The previous knee problem will be looked in to and considered – both by a medical expert, your Solicitor and the defendants. It won’t however damage your claim – but the exacerbation of the pre-existing condition needs to be considered when evaluating the appropriate settlement amount in this claim.

      Reply
  13. Amieto

    I was involved in a car accident 6 months ago. I have pre-existing medical problem. 3 years ago Dr told me that I need a knee replacement.

    Due to the accident my pain worsened and I have excruciating pain all over. I’m attending physio therapy session. and taking diff pain medicine .

    After the accident my knees are giving up and losing balance. If I go under knee replacement sooner, would that affect the settlement?

    Reply
    • Ian Morris

      Pre-exisiting injuries will be taken in to account when claiming personal injury compensation. However, just because an individual has a pre-existing condition, that does not mean that they cannot make a claim for compensation if those injuries are worsened or if symptoms become more persistent or painful. Solicitors will ensure that an appropriate medical expert provides a report outlining the impact on any pre-existing conditions as well as any new injuries sustained so that an appropriate level of compensation can be obtained when settling a claim for personal injury compensation.

      Reply
      • Amieto

        Thank you so much for the information. Would the surgery increased my claim? thank you

        Reply
        • Ian Morris

          The value of a compensation settlement will depend on the severity of the injuries, the amount of medical intervention required whether or not a full recovery is made and if so, how long it takes to make a full recovery.

          The fact that you have had to have surgery will be accounted for in any settlement that you receive.

          Reply
  14. Jenny

    Hi, I was involved in a rear ended rtc in January. 3rd party have accepted liability and I was initially offered 3.5k for whiplash. I declined this offer on the basis that my medical legal report stated recovery within 3 months ( despite the examination being carried out 4 months after the accident, and by video consultation due to lockdown) the process had been long and drawn out and in that time my pain has increased drastically and I have been prescribed diazepam and various other pain meds by my GP for a suspected trapped nerve. 11 months on I finally saw another ortho expert through my solicitor yesterday. The consultation lasted 5 minutes. I believe he could tell I was in severe pain and struggling.
    My problem is that prior to the accident I was receiving treatment for another trapped nerve on the opposite side of my neck. Although it had recovered about a month before. I have had to disclose this now even though I feel it is irrelevant. Is this going to affect my claim? If it does, where do I stand with the initial offer? Can I go back and accept that?

    Reply
    • Ian Morris

      All will depend on the findings and report provided by the medical expert. Although you were suffering with a trapped nerve on the other side before the incident, that is unlikely to be linked to this ‘new’ injury and hopefully it will not impact the compensation value for your claim.

      Reply
  15. Lee

    I was in a car accident last year, been suffering since I have been diagnosed with Spondylolisthesis I didn’t even know I had. Before the accident I was fit and well working but have not been back to work. I have met with the surgeon and have been told I need spinal fusion surgery, can I claim for this please?

    Reply
    • Ian Morris

      If you have not already got a Solicitor acting for you, please call us on 01225430285 so that we can help you claim compensation for the injuries you have sustained. A medical expert can be instructed to asses you, examine you and the spondyloisthesis condition and will be able to establish whether you already had the condition or not and if so, by how much the trauma of the car accident has accelerated the condition.

      Whatever happens, you can make a claim and a specialist Solicitor will ensure that your legal rights are upheld and that the negligent party compensates you for any new injuries that they have caused as well as any aggrevation or exacerbation of any pre-existing condition.

      Reply
  16. Hem

    I have been involved in an RTA on the 10/11/2020. I have a pre-existing condition and disability of Rheumatoid Arthritis.
    At the time of the RTA I had no symptoms of pain or discomfort but as time has gone on I am in pain. My day to day living has been compromised.
    Can I make a claim on these grounds?

    Reply
    • Ian Morris

      We can certainly help you make a claim for compensation for the exacerbation of your pre-existing condition and for the way that your disability has been impacted by the accident that you were involved in. Our specialist Solicitors will ensure that a medical expert provides a detailed report giving a prognosis for the impact on your pre-existing condition and notes any ‘new’ injuries sustained.

      Reply
  17. Steven

    After being involved in a road accident 11 months ago and undergoing physio I now have received news I have arthritis in shoulder blade to collar bone having had an X-ray. Pain has been worsening as the time we’re do I stand on this as I previously hadn’t suffered until the accident.

    Reply
    • Ian Morris

      Your Solicitor can discuss the implications of this with regards to your claim with you in more detail, but if a medical expert has located a condition such as arthritis, it is likely to be seen as pre-existing, even if symptoms were not previously present. In this scenario, there will be a judgement made by a medical professional as to how much sooner the condition has manifested because of the accident than it would have if you had not been injured.

      Reply
  18. Val

    Hi, I had a whiplash injury roughly in Sept 2018 still the claim is in process. I wanted to ask can I claim for a pre existing medical injury as it’s made it worse. Can I gain loss of earnings too by sick notes?

    Reply
    • Ian Morris

      If a medical expert agrees that the incident forming the claim has exacerbated a pre-existing condition, you can claim for that as well as any new injuries sustained. You should also be able to recover loss of income by providing your Solicitor with the evidence of any losses incurred.

      Reply
  19. dal

    I had a shoulder injury and had it repaired. My work place failed to support me and I now have further 3 tears and it will not be repairable! What sort of compensation would I be looking at please?

    Reply
    • Ian Morris

      Was the initial injury caused in an accident at work (or as a result of your work)? If so, you can make a claim against the employer for the injury. If however, the initial injury was not work related you probably won’t be able to make a claim against the employer for the worsening of the injury – unless they have directly ignored written recommendations from your Doctor regarding what work you can and cannot perform.

      As for compensation settlement values, it is not possible to assign a value of any accuracy to you at this stage.

      Reply
  20. Jada Casey

    I had a car accident and I have a pretty long history of psychological and physical (chronic pain) problems in the past – 2017 But no ruling as to specifically what. At present the orthopaedic surgeon has suggested somatoform disorder. I now have pain in my shoulder loss of feeling in my hand and arm.

    Prior to the accident I had got much better went back to work and was in somewhat good health mentally and physically.

    The other side have accepted liability, however I am not sure if after seeing a psychiatrist would he state that the chronic pain is down to my pre-existing problems or if it will be classed as an exacerbation of pre existing injuries?

    From your experience can you please advise if using the bit for causation my claim could be successful?

    Reply
    • Ian Morris

      As you will appreciate, it is not possible for us to give specific advice via this service as we have not had sight of any medical experts reports or a full understanding of the pre-existing conditions or indeed, the nature of the index incident at the heart of your claim.

      However, a suitably qualified and experienced medical expert should be able to sit down with you, with sight of your medical records, discuss (in detail) your previous history, the accident and the way the symptoms now impact you and provide a detailed report that would enable your Solicitor to continue to pursue the claim justly for you.

      Reply
  21. David

    Hello, I had an accident at work around 2010 , and I had to have surgery on my knee, I made a claim and I was successful, I’ve recently had to have another operation on the same knee for the same problem. I am in pain and cannot work due to this, would it be possible to claim again?

    Reply
    • Ian Morris

      If your claim was settled in a full and final settlement, you cannot return to seek further damages.

      Reply
  22. May

    Can a person claim compensation for injuries sustained in an incident that happened in June 2019 but they were only examined by a doctor in October 2019?

    Reply
    • Ian Morris

      Yes a claimant can still pursue a claim even if there is a delay between the injury being sustained and medical treatment being sought.

      Whilst it is always ‘best’ for an injured person to seek medical attention at the earliest opportunity, in some cases it is not always possible for that to happen and in certain injuries, it can be unclear whether medical treatment is needed.

      Reply
      • Mays

        Thank you

        Reply
        • Ian Morris

          You’re welcome.

          Reply
  23. Michael

    Hi I tripped at work injuring both knees, bone bruising and muscle wastage, my company have accepted responsibility. Today I had a medical assessment as part of my ongoing case the doctor told me as I already have osteoarthritis of both knees diagnosed about 10 years ago. Could this affect any payment? Also if I can’t walk properly and lose my job can the company blame the osteoarthritis even though the failure to walk properly is due the accident?

    Reply
    • Ian Morris

      Any pre-existing condition will be noted by the Doctor providing the expert assessment. The medical expert will note the exacerbation of any pre-existing condition caused in the accident as well as any injuries directly attributed to the incident in which you fell.

      In terms of the employer dismissing you, of course, if you are unfit to work – whether through injury, illness or pre-existing health issues, the employer may terminate your employment. This would be a last resort for the employer and they would prefer to work with you to find a mutually acceptable solution.

      Reply
  24. John

    I was involved in a car crash and received injury’s that has flared up a past back injury to my lower disc, I’ve had a medical report that states that my back should be back to its normal state prior to the accident, he States that any further flare ups are more likely to be to past damage and disc degeneration, sounds to me like their trying to blame my past injury’s, I feel embarrassed as I’m still suffering 7 months later with the same symtoms, what can I do?

    Reply
    • Ian Morris

      Have you discussed the flare ups you mention with your Solicitor? It would be wise to seek their advice and see what they can do to help you with this.

      Reply
  25. U Ashraf

    Hi,
    If I have suffered from personal injury ones in 2016 and after treatment got better but then I suffered again after 3 years from the same injury because of the same employer’s negligence as they did nothing to solve the issue during the first injury. Do I have a valid claim or it will be treated as the same injury? Do I have a claim in this situation?

    Reply
    • Ian Morris

      If the initial injury has been treated and recorded on your medical records, any claim will be for the exacerbation of the previous injury. However, as the initial injury was caused at work there is a possibility that the severity of it could be accounted for within any claim you may make. This will be helped of course if the injuries have been recorded in the employers accident book.

      Please call us on 01225430285 should you wish to discuss this further with us.

      Reply
  26. Chris

    Good afternoon,
    I am currently waiting to go for my medical assessment for a workplace injury that happened last year I had a helmet on but a 20-25kg plate fell off a ceiling hitting me on the back of my head sending me to the floor few days later I started getting pain in my neck and upper back couldn’t move it for a couple of weeks so that was part of the claim.
    Now last week I went to hospital after a seizure which I’ve never had before and the doctor asked if I had been in an accident over the last year or two?
    Question is my medical is in a couple of weeks could they be linked? Will I have to wait longer? My solicitor is putting an offer forward once they receive my assessment and if it is linked will I be looking to receive more? As at the moment I am unable to work or drive?

    Reply
    • Chris

      I know my claim is currently ongoing but any information would be helpful as I am not getting a great deal from my current solicitor thank you

      Reply
      • Ian Morris

        Who is your claim being handled by? Which firm? Before you can switch to a different Solicitor you need to make your Solicitor aware – in writing – of the issues you are having with them in terms of lack of contact or updates. If the complaint doesn’t resolve issues, you could then contact us to switch to a different Solicitor.

        Reply
    • Ian Morris

      It is vitally important that you inform the medical examiner of the recent seizure and the fact that the Hospital Doctor appeared to link this to the accident at work. They are most likely linked and the seizure should be considered by the expert. If they are willing to link the two the impact of the injuries sustained at work is clearly more serious than initially thought and the value of your claim could be substantially higher. Whilst it could delay the claims process a while, it would undoubtedly be the correct thing to do to ensure that your claim is handled and settled appropriately.

      Reply
  27. Elinor

    I made a personal injury claim after falling over damaged floor at work and breaking my nose. My ex employer admitted liability and I was seen by a consultant to examine the fracture and was told Id need surgery to realign the break in my nose but as I suffer from pre existing anxiety which was made worse by my accident I have declined to have surgery. Will this mean my claim will not go ahead or lose?

    Reply
    • Ian Morris

      It will not mean that your claim will fail. However, the defendant will point to the fact that your failure to fully recover is not their fault as you have declined surgery that would lead to a full recovery. Therefore, it could be the case that the value of the settlement will be a little lower than it otherwise may have been. Your Solicitor will continue to fight this for you and seek the best outcome in your claim.

      Reply
  28. Angie

    I will try to keep this short and factual.
    I had an accident at work where i tripped over a pallet which resulted in me fracturing my knee. When i was starting to recover nearly 3 months later, my leg went from under me again and refractured.
    Xrays showed minor osteoarthritis when I initially fractured and a final xray (12 months later) recently shows the fracture completely healed but my Osteoarthritis has worsened by the order of 5 years and I have been referred for a knee replacement due to the pain etc.
    An orthapedic surgeon on reviewing all records has stated that, the fracture did not cause my OA and that the knee replacement is down to OA worsening. So in a nutshell my solicitor is saying that I had a pre existing condition and therefore, fall into ‘Orthopaedic injuries (b) moderate (i) bracket’ according to Judicial College Guidelines. A figure she gave me for general damages was £13,500?
    Does this seem fair? I thought I would of fallen into a severe bracket?I have been advised I can seek a second opinion with a medical expert if I so wish at my expense.

    Reply
    • Ian Morris

      As you may appreciate, it is impossible for us to second guess the work done by your Solicitor and it is most likely that the Solicitor is acting correctly and within the appropriate framework. If you feel that the Solicitor has handled this matter incorrectly, you could make a formal complaint to them and ask that a senior partner within the firm (who has not had any involvement in your case) reviews the matter and work undertaken.

      Reply
      • Angie

        Thank you for your reply, I am happy with my solicitor who has been on the ball, a case study similar to mine was related too and this was shown to me as an example.
        If my recovery from the knee replacement is not as expected would this affect my settlement in any way?
        As the OS expects me to have a full recovery I am 59 years old?

        Reply
        • Ian Morris

          The lack of a full recovery should be accounted for in any settlement that is awarded. If a pre-existing condition is part of the reason that a full recovery hasn’t been possible, that will be accounted for when an expert evaluates the injury and provides a report.

          Reply
  29. Peter

    I have been involved in a car accident about 2 weeks ago. I was a passenger, I also have had heart surgery on the 27th may and still recovering. Just after the accidents I got home, my chest pains had got worse and I started sweating. So my wife phoned an ambulance. They put the sweating down to shock and the pain in my chest down to straining myself in the accident. it seems that the accident has put my recovery of the surgery back a bit. And now I am nervous getting in to a car again. Would I be able to claim?

    Reply
    • Ian Morris

      You can certainly make a car accident claim and have every right to do so. Regardless of your pre-existing condition and recovery, the car accident will no doubt impact on that and also cause associated physical injuries to the soft tissues.

      Reply
  30. Peter

    Hi, I was involved in a car accident as a passenger, I have recently had open heart surgery, on the 27th may to be exact. We were pulling up at traffic lights when we were struck from behind. the driver has whiplash and the only injury I have is my chest where I have had the surgery done. We called and ambulance for me as I had chest pains and I was sweating. I was just in shock and the pain was muscular. Will I be able to claim?

    Reply
    • Ian Morris

      Yes, you can pursue a claim for compensation in this matter. Whilst you had obvious pre-existing health issues and were in recovery from major surgery, you can claim for the exacerbation of any pain and given the nature of your recovery, you were probably already on pain relief so may not have even noticed that you have also suffered new injuries such as whiplash or back pain.

      If you would like to take this further, please call us on 01225430285 or email me directly at ian@direct2compensation.co.uk for help.

      Reply
  31. Julie

    I accepted a claim for a fall that effected my elbow. The solicitor at the time when got acces to ny medical records said id had a fall many years before that which i cant remember and never claimed for. He advised i take 1st payment offered although up to myself because i could get less if proved id aggrivated a previous injury, so i took offer. I am still having pain and flare ups in my elbow from this 3 years later Can i claim again because im still suffering or not because i accepted the offer?

    Reply
    • Ian Morris

      You cannot now return to this claim as the matter has been settled and is closed.

      Reply
  32. selina

    hello I was involved in a hgv high speed (50-60mph) motorway collision last year 2019. following the accident I have experienced severe pain and discomfort taking daily meds bought over counter. the pain became excruciating and now prescribed tramadol. the Mri shows degenerative disease and MIB are stating it is not caused by the HGV accident. I am of the opinion that this disease is due to ageing. (I am 30 now) Therefore their settlement estimate of 4-6k seems incredibly low for the pain and suffering I have had since the accident ONLY. I do not know what to do can you help?

    Reply
    • Ian Morris

      This is a difficult situation and one that often arises in claims for personal injury. If any age related or general degeneration of a body part is found in a scan, a defendant will not have to accept liability for what was essentially already present – even if the injured party was living pain free and without any knowledge of a pre-existing or age related condition.

      Reply
      • selina

        Thanks for your reply, so should I accept to settle on first offer or get legal advise and fight this? I was pain free asymptomatic before the accident and have been in absolute agony since, could this accident have accelerated the onset of this condition, given that im only 30. the thought that I will suffer for the rest of my life after a HGV hit my car at 50-60mph and triggered this pain is beyond me. I have to move home as I can no longer manage the stairs, im unable to do things I once enjoyed wether its directly related or just that the accident has accelerated what I was destined for surely it is not right to just accept it. from my understanding disc degenerative disease affects people much older than myself, so why is I have been in pain since this HGV accident. physio and osteopath both say compression of spine and nerve route, yet MRI says pain is unrelated and expected to recover in 12-18 months even though its got worse.

        Reply
        • Ian Morris

          Do you have a specialist Solicitor acting for you? If so, they should be able to advise you fully as to whether or not there is anything further that you can do in terms of the settlement valuation that has been applied by the defendant in this case. It is often the case that the first offer should be rejected as it is likely that a revised offer would follow.

          If your symptoms are worse than those you were told to expect based on a previous MRI or similar scan, it would be wise to discuss this with your Solicitor and perhaps seek a further medical report – although that in itself is not straightforward.

          Reply
  33. kelly

    i have rhumatoid arthuritius. i have had this for a very long time. i am 25 years old. i recently had a crash on 12th may 2020 since having this its made it alot more worse feel very distressed about it all!!
    is there any way you can help ???

    Reply
    • Ian Morris

      Although you live with a long standing health condition, you still have legal rights to pursue a claim for personal injury compensation if your symptoms are exacerbated and worsened in an accident that was not your fault. We can certainly help you to exercise your right to make a claim and our specialist Solicitors would be able to establish the extent to which your condition has been worsened and also note any unrelated soft tissue injuries and pursue a claim on your behalf. If successful with your claim, you would receive compensation for the physical pain caused by your injuries and also any other associated losses or incurred costs.

      Reply
  34. Claire

    I have an ongoing claim which has been disputed and even denied by my ex employer due to me not going to hospital and carrying on working and it’s unlikely to succeed. Unfortunately about 13 months after this, with a new employer I was injured at work due to the incompetence of a colleague. Am I able to make a claim for this or would I not be allowed as made a previous claim for a different incident (totally different area was injured and no ongoing medical issues from previous incident).

    Reply
    • Ian Morris

      The new incident is certainly something that you could look at pursuing a claim for. It does not matter if a previous claim has failed or succeeded, the key is having adequate evidence in place to support the new claim. Please ensure that an accident book is completed (or the incident is recorded in writing with the employer) and also seek medical attention for the injuries sustained. Please then call us on 01225430285 to further discuss the incident so that we can help you start your claim for compensation.

      Reply
  35. Craig

    I broke my leg in 2018, operation plates and pins and fully recovered.

    2019 had a car crashed which resulted in have another operation on same leg and had metal work taken out because it causing problems due to crash

    What’s the acceptable offer I can see getting please?

    Reply
    • Ian Morris

      It is not possible to accurately estimate a settlement value for a claim without having sight of a medical experts report and a full understanding of the pre-existing condition and exacerbation caused in the accident you describe.

      If you are being represented by a specialist personal injury Solicitor, they will ensure that the maximum possible claim value is recovered for you and you should discuss the outcome of any medical examination and the contents of the experts report with them.

      Reply
  36. Anna

    Dear Ian,
    My case is a bit complicated but I’ll try to make it short. Since march I have had health complications (widespread pain below the waist). In July I was involved in RTA, that made my suffer greater as the pain spread in the upper body. The other driver ran away and I have an ongoing claim with MIB. In December I was prescribed painkillers (Gabapentin 300mg/d) that helps neurological pain and I felt relieved (considering I was already using crutches at the time) and I was able to function normally. In the 2nd of January I have had another road accident and due to really bad effect (pain wise)on me, my dosage needed to be doubled. What can I expect and what I need to fight for?
    Thank you! Appreciating your time!
    Regards

    Reply
    • Ian Morris

      You cannot claim for the worsening of the injuries caused in the 2nd accident in the 1st claim you are making. However, if the 2nd accident was non-fault, you can pursue a 2nd claim for personal injury compensation for the exacerbation of your symptoms, along with any new injuries caused.

      Reply
  37. Danielle

    My husband was involved in a head on collision with a drunk driver in April 2019 he was took to hospital via ambulance assessed to have soft tissue damage and left, pain in neck and back following accident 10 physio sessions with no benefit recent mri shows chronic degenerative disc disease exacerbated by accident, husband had no prior knowledge of this until test will this affect his personal injury claim?

    Reply
    • Ian Morris

      The pre-existing degenerative condition that has been found will be relevant to the claim for personal injury. It will be taken in to account in terms of the value of the claim as the condition (even though he was living pain free and without knowledge of it) would have become present in the coming years.

      Reply
  38. Linda

    Hi,
    I was a passenger in an RTA at the end of October 2019 and had a whiplash injury. Within 3 weeks of the accident I developed sciatica which I had for 8 weeks which had now developed into severe hip pain. My gp sent me for an xray and it has come back I have a flare up of moderate osteoarthritis in my hip. I’ve never attended my GP in relation to this as have had no symptoms until now. My gp has said I need a hip replacement, but could defer it for now. Apparently an xray I had on my other hip, 15 years ago, and had hip replaced, did show the starts of osteoarthritis in this hip. My question is can I claim for this flare up of what now appears to be a pre existing condition and hip replacement consequence, along with the whiplash? Thank you

    Reply
    • Ian Morris

      To answer simply, yes! If you do pursue a claim for personal injury compensation – which after the RTA you were involved in in October 2019 you would be fully entitled to do, your Solicitor would seek compensation for the sciatica/whiplash and would instruct a medical expert to report on what was a new injury and what was an exacerbation of a pre-existing condition.

      Our specialist Solicitors are used to dealing with such matters and would be happy to help you. Please call us on 01225430285 to find out how we can help you.

      Reply
  39. Gill

    I was in a car accident 3 months ago hurt my neck and back. I made a personal injury claim which is still being dealt with. A couple of days ago a van drove into the back of me , my neck and back have started to hurt again just when I was on the mend. Can I make another claim whilst I already have one ongoing, or will it affect it?

    Reply
    • Ian Morris

      Yes, you can make a 2nd claim as you have again been injured by the negligence of another driver. I would recommend that you discuss this 2nd accident with your current Solicitor before you start any action on a new claim.

      Reply
  40. lisa

    Just a general enquiry if you could help me, I made a personal injury claim July 2019 after someone ran into back of my car, this claim is done and settled. Last week (Jan 2020) I was a passenger in my car, my partner driving when a van ran into the back of us, can I make another claim for this accident as my 1st claim was only 6/7 months previous?

    Reply
    • Ian Morris

      Yes, you can pursue a claim for the ‘new’ accident. Of course, if any of the claim relates to injuries that were included in the first claim, you can claim only for the exacerbation of them and not for the whole injury (unless you had fully recovered before this incident).

      Reply
  41. Mike

    I had a motorbike accident 15 months ago and landed on my shoulder, I have had an mri scan which has shown a severe tear to the rotator cuff. It has also shown that the shoulder is degenerative although I have not had any symptoms before the accident and was working full time as a pipe fitter. I have had two medical reports and one orthopaedic surgeon has said that this would have happened in the next 3 to 5 years had the accident not happened and the other 4 years. I have also been told my shoulder is inoperable and in a few years I may be given a shoulder reversal operation. I am no longer able continue my job. My question is regards to loss of earnings, I have been given advice that I should accept the first offer from the defendants (I should mention liability has been accepted) as they could get another medical report stating that it would happen in two years and would drag their feet so I would end up with minimum loss of earnings. I have read about the thin skin skull rule does this not apply in this case?

    Reply
    • Ian Morris

      The issue with the pre-existing condition you were not aware of prior to receiving detailed scans as a result of the trauma from your road traffic accident is a commonly discussed one.

      Whether or not the ‘think skill skull rule’ would have any bearing on your claim is a moot point. Has your Solicitor obtained a Barristers opinion regarding a valuation on your claim?

      Reply
      • Mike

        Ian, thanks for the reply. The problem I have is that they are panel solicitors that came with the legal cover on the bike insurance, I’ve had five case handlers in the 15 months the claim has been going, all unhelpful, arrogant and patronising. Yes we have had a meeting with the barrister and the solicitor, one hours worth of negativity all doom and gloom, all he did was repeat parrot fashion what the solicitor had already told me that because of the degenerative shoulder the claim will be devalued and the opposition will pay for a medical report which will state that my shoulder injury would have occurred in two years not four as in the two reports we’ve had already.

        Reply
        • Ian Morris

          Given your feelings about the Solicitors handling of this matter (as demonstrated in your final sentence), you should make a formal complaint to your Solicitors. If you view your Solicitors website, you should be able to find their complaints procedure. This will explain how they would handle your complaint and the time frame in which they would deal with it.

          Reply
  42. Dawn

    I’m absolutely devastated that my case has collapsed because I’ve told my lawyers that my pre existing injuries that are recorded on my medical notes were lies as I thought they would not want to help me. They have accused me of fundermental dishonesty.

    I told my solicitor last year that I had lied about my previous conditions and that they didn’t happen as I was scared they would dump my case and I would never be represented as they would not be able too help me win my case.

    Reply
    • Ian Morris

      I’m very sorry to hear about your situation and I can sympathise with you given the description you have given. Unfortunately, there is very little that I can add to what has been said by your Solicitor. It would appear that they are doing their best to get you a settlement.

      Reply
  43. Una

    I had a no fault car accident in which i had a torn meniscus. No previous knee problems. Insurance now say i could have had this knee problem anyway in the future, i am waiting surgery.

    Reply
    • Ian Morris

      If you have not previously attended your GP or Hospital to discuss any pain or discomfort in your knee prior to the accident, then the Insurers have no basis upon which to claim that you could have had the injury anyway.

      So long as your medical records tie up and the mechanics of the non-fault accident make sense, you should succeed with your claim.

      Reply
  44. Val

    The expert has stated  ‘That I am a known patient with a back problem since 2013.  That I had one issue.  I had aggravation of pre-existing back pain due to her pregnancy.  Now as a result of this accident the back pain has been aggravated further.  The MRI scan studies have only suggested wear and tear.  In my opinion the pre-existing back symptoms have been aggravated as a result of this accident for a period of 6 months and any ongoing symptoms are constitutional.  As a result of the accident the client will not have any long term complication in the lower back.’ Therefore I have been refused loss of earnings for the full time I had been off due to this accident and will only get 6 weeks of pay for loss of earnings whereas I was off for roughly 2 years now. Is there no other way I can gain my loss of earnings?

    Reply
    • Ian Morris

      You are in a very difficult position. You could seek a 2nd opinion from a medical expert, but you would have to pay that cost and there is simply no guarantee that they would reach a more positive conclusion. Furthermore, the defendant would not have to accept the findings of a new report and it would come down to a judge deciding which expert to base a judgement on.

      Reply
  45. Michelle

    I understand that some things would amount to normal family life such as cleaning etc, but would this be applicable for a partner helping me with such things even though I do not live with him and he doesn’t normally do these things on a day to day basis. My usual care for a pre existing disability is usually tended to by my son who lives with me or my daughter who lives nearby, but they couldn’t do the extra as I also suffered injuries and psychological damage that weren’t pre existing problems.
    Thanks in advance

    Reply
    • Ian Morris

      The ‘new’ injuries and psychological damage should be accounted for in your claim by way of your Solicitor accessing your medical records and arranging for a specialist medical expert to assess you, your records and provide a detailed report that would enable a valuation to be assigned to those injuries. The pre-existing injuries will also be accounted for in the same way by a specialist evaluating the level of exacerbation and to what extent your symptoms have been worsened.

      As your Partner doesn’t live with you, it may be possible for your Solicitor to claim some additional cost for their time and travel expenses to help you. It is certainly worthwhile making sure your Solicitor knows the facts in terms of who lives where and who has had to change their usual routines/lifestyle to provide the care you require.

      Reply
  46. Mich

    I was hit from behind by a car in 2015 that shunted me into another car in front( they accepted Full liability) I suffered injuries, some that exacerbated pre existing complaints and others that were due solely to the accident, which are noted as such on my medical reports. The solicitor asked about care I received beyond what I would usually have on a day to day basis and noted hours etc. However now he is saying that ..
    Care and assistance can be a difficult head of loss to establish, as case law provides that it would be expected that friends or family members would provide some care and assistance in any case and so the payment is to reflect any assistance which is “beyond the call of duty”. Different Judges of course have different views on what constitutes recoverable care and assistance. There have been cases where Judges have refused to make any award for care and assistance on this ground.“

    To explain further re: I feel the solicitor is not on my side since I had my accident, the solicitors acting for me (chosen by the defendants insurers) have misplaced passwords for medical reports that resulted in months of delays. I have received a letter stating that if I didn’t agree to one medical report from one expert then it would disallow all the other medical reports, which had me in tears to think they could do this. Would all this be considered negligent or incompetent?

    Also received a letter saying that if I didn’t agree with medical report then they wouldn’t pay for my ongoing CBT. I went into my CBT course obviously in distress. Can they do that?

    Thanks in advance. Hope you can help

    Reply
    • Ian Morris

      Your concerns are ones we hear regularly from people who have instructed a firm of Solicitors who are contracted by a defendant insurers (or even their own insurers) and whilst your Solicitors may have acted correctly, there is clearly reason to question their conduct and it would be wise to do this.

      The Solicitor is correct in what they state regarding it being difficult to have care provided by family included in a head of loss, but they are not saying it is impossible. For example, if a Husband or wife had to do the housework or cooking whilst their other half was injured, that would not be considered ‘care’ but just the reality of life. However, if the husband or wife had to take unpaid leave from work to provide care, it is likely that their loss of income and expenses could be recovered.

      Given your description of the handling of your claim, we feel you should make a formal complaint to your Solicitor via their complaints policy (see their website). Their failure to have your claim handled by a Solicitor and instead by a claims handler and for there to be 12 claims handlers is unacceptable and would likely have impacted on your case – whether that be in terms of delaying the process or perhaps worse – and their loss of passwords etc is just not something that should be accepted.

      Reply
      • Michelle

        Hi Ian
        Thank you for your response. I emailed my solicitor regarding gratuitous care and the other matters. they are steadfast that the first offer I received was acceptable and that by my asking if they could perhaps negotiate a little was not acceptable. they will deem me to be unreasonable if I don’t agree to it and that they will pursue me for £14,000 costs and disbursements of £4,000.
        My claim was valued at £26,000 and they have said £15,000 less £3,000 CBT and physio so exactly half.
        Am I being treated unfairly, I feel I have to sign it now even though I don’t agree.

        Reply
        • Ian Morris

          It is always disappointing to read of someone who has had a negative experience with their Solicitor. Of course, without having a full understanding of your claim or the reasons why your Solicitor is giving the advice that they have given, it is not possible for us to say whether or not they have acted wrongly. Given your ongoing displeasure with Solicitor, it may be time to make a formal complaint to them in order that your concerns are properly considered by a senior partner within their firm rather than the Solicitor handling the claim. At least that way, if they reject your complaint and can provide detailed reasoning for their advice and position, whilst not happy, you can be certain that they have acted correctly – even if you are disappointed with the overall settlement value you will receive.

          Reply
          • Michelle

            Thank you Ian for your speedy response, I think unfortunately I accepted this solicitor’s company without thinking. Not realising I would be chastised for asking questions and not giving me proper answers or explanations amongst other things. In hindsight I should have waited and chose someone as competent and friendly as you. You live and learn I suppose. Thank you again, you have been so helpful.
            Michelle

          • Ian Morris

            A Solicitor is duty bound to act in the best interests of their claimant/client and must put the claimants interests above those of their firm. If you genuinely feel that they are not putting your interests at the forefront of their actions in their handling of your claim, you have every right to complain via their published complaints procedure (see their website). If the outcome of your complaint still leaves you dissatisfied, you can escalate your complaint to the legal ombudsman service. They have full independence and authority and if it were found that you had been mislead and caused to accept a lower offer than you otherwise should have received, you would then have further right to seek redress from the firm.

            Thank you for your nice comments about us though – we’re not perfect, but we try to ensure that we provide honest and accurate information to help our claimants and provide a simple and hassle free claims process to boot.

  47. Gloria

    I had a non fault accident on 8 April 2019.
    I have suffered with back and hip pain since the accident. I was referred to an Orthopaedic Surgeon who briefly examined me, he said because of my age 73 it was a pre-existing condition that had accelerated due to the jarring of the accident and it may cause me long term suffering.
    Before the accident I was completely pain free, I enjoyed going to the gym once or twice a week and Pilates twice a week, I also used to do a lot of walking with my daughters and grandchildren with no problems.
    Clarity Solicitors want me to sign a document accepting an offer with no offer amount. He stated that the offer will probably not be very much due to a pre-existing condition. I am very dressed about this as this accident has left me in debt having to buy another car and I live only on my pension. Plus I now have a lot of discomfort when I go to my Pilates class and the gym and when walking. What advice can you give me please.

    Reply
    • Ian Morris

      Your situation is one that comes up often in cases of personal injury compensation. The problem faced is that a medical expert opinion has been given that you would have suffered the condition anyway – but that the incident has simply sped the process by a year or two. The reality is that there is no way really to fight this, unless you want to risk further cost by instructing another medical expert (which you would have to pay for), without having any guarantee that they would not reach the same conclusion.

      Reply
  48. Stuart

    I slipped a disc back in 2004 and it healed so much in 2 years that I didn’t need any pain killers but through using pain killers I found I could get to sleep a lot quicker, so fast forward to 2010 I hit a rocky patch in a relationship, I would get some pain killers to zone out. Now in September 2019 I had a car accident and was hit from behind and slipped a disc in my back, same ones as before, but from feb 2019 was not using pain killers. My predicament is because of my medical history which I’ve had to send to solicitors, are they going to think that I’ve had a back problem all my life which I haven’t, is I just got hooked on pain killers.
    Thanks in advance.

    Reply
    • Ian Morris

      Your history of use of painkillers and the treatment for a disc injury in 2004 are likely to be an issue in your claim. As you appreciate, the defendant insurers will pick up on that issue and will attempt to use it to minimise their loss and your settlement.

      If you have not presented to your GP regarding back pain in the past 10 + years, your medical records will show this and that will help you. The best course of action is to discuss this potential problem with your Solicitor so that they are ahead of the curve and can work out the best way of batting away any queries that the defendant will raise.

      Reply
  49. Matthew rowberry

    I am currently in midst of a case where I was involved in a car crash last June. Third party have admitted liability. The company I am using are useless. I have had several case managers and I am the one who is continuously chasing them. As a result of the accident I have a bulge on my spine l4&5 with tissue damage and apparently the onset of arthritis in my back. I have never had issues with my back before as can be seen from my medical records and I am having regular appointments with a back specialist which is leading me to have blocker injections before having nerves burnt. The report they did (the third party) stated that I also had a bulge but some of my pain is due to the arthritis and that the crash triggered it. Where do I stand on this considering I’ve never had back issues previously and the fact that my solicitor is not providing the service and do not have my best interests to hand.

    Reply
    • Ian Morris

      The first course of action you should take is to make a formal complaint to your Solicitor regarding their handling of your claim (the rotation of case managers and any other issues you have). You can find their complaints policy on their website and it should explain the process. It would be wise to DEMAND that they put a qualified specialist Solicitor on to your claim rather than a claims handler.

      Reply
  50. John

    I had a car accident which gave me ongoing injuries and some trauma symptoms and was settled. No claim for PTSD. I had a very minor bump some years later which shook me up quite bad and aggravated trauma symptoms related to the first much worse accident. I was diagnosed with PTSD for which I had to unfergo treatment. Would this all just fall under 1st accident claim wise?

    Reply
    • Ian Morris

      It very much depends on what was on your medical records for the condition and the 1st incident. It is likely that if the PTSD is sufficiently serious and you have received medical attention (such as counselling or other therapy) that a claim for the PTSD could be made for the recent incident.

      Reply
      • John

        Hi Ian, so what would be the best way to get this looked at?

        Reply
        • Ian Morris

          The most sensible course of action would be for you to make further contact with us. Please use our online ‘start a claim’ form to submit some further information – or email us directly at justice@direct2compensation.co.uk outlining the date of the accident and what treatment you have had for the PTSD (along with your contact details) and we can then begin the process of investigating whether or not you can make a claim.

          Reply
  51. Barbara

    I suffered a back injury at work herniated disc in Aug 2016, this was discovered and treated in Nov Dec 2016. In the last 3 months happened 2 other minor accidents at work, which worsened my condition. Can I claim for these? I am under examination at the moment, because I feel my hernia is still not cured and I have hip, knee pain…thank you

    Reply
    • Ian Morris

      The initial injury that was located and treated in late 2016 is not something you can now claim for as it is beyond 3 years ago. UK law applies a strict statute of limitation on claims for personal injury compensation, which requires a claimant to make their claim within 3 years of the date of an injury.

      The two more recent incidents you mention could enable you to pursue a claim for the exacerbation of your pre-existing condition.

      Reply
  52. Darren

    I am a bus driver and I had an accident and hurt myself on my lower back as I hit a car that pulled out in front of me as he thought he would make it. I had to brake hard and try to hold myself down at the same time as the bus does not have seat belts, even as a driver of double docker bus.
    I’ve been in pain for a while, got sent for a scan and found out I have degeneration and arthritis on my lower back where the pain is, but before the accident I was happy and enjoyed driving never had any back problems now I can’t even drive my car. Where do I stand on this, as I must of had have degeneration /arthritis before the accident, but never was in pain or even aware of i had it now months down the line I’m still in pain ?

    Reply
    • Ian Morris

      If you have the registration details of the vehicle that pulled out on you and caused the accident, you can pursue a claim against that drivers insurance.

      A specialist Solicitor will instruct a medical expert to assess your injuries and discuss your medical history with you. Their report will conclude what injuries can be solely attributed to the road traffic accident and what injuries were pre-existing but have been exacerbated (and to what extent) by the collision. That report and the prognosis provided would then form the basis of the settlement negotiations in your claim.

      Reply
  53. Kerrie

    I have suffered with GAD (general Anxiety Disorder and OCD for 20+ years I have panic disorders I had a traumatic experience which has had a big bearing on my mental health. I stopped driving due to my mental health and taking meds, I rarely travel don’t go out, or socialise. I have seen phycologists Etc I was eventually referred back to my GP.
    My family try to make me go out, but I feel safer not to, due to my OCD and GAD.
    I was recently a back seat passenger in a car driven by my niece, we were in the middle lane on a very busy Motor Way, the traffic was just creeping along slowly, we were surround by large lorries the one in front was a large heavy tanker which started to roll back my niece was screaming and pressing the horn continuously.
    It was a horrific experience and I couldn’t breathe, I tried to get out of the car but couldn’t, the tanker did Push us back for 8 seconds or so.
    I have been petrified since this incident, can’t think of anything else, I will never get in a vehicle again, it was my first time for a very long time, I totally lost control, my life was flashing before me, as I was convinced we were going to be crushed.
    I’ve not been out since and I am a wreck.
    I am seeing my GP as I can’t cope, and meds to help me sleep.
    The company have the lorry on camera and accept full responsibility, can I claim for my distress, as this has knocked me back so much, or is my past mental health a pre existing illness?

    Reply
    • Ian Morris

      Your history of mental health and anxiety related illness is relevant, but does not prevent you from pursuing a claim for the worsening of your condition and the impact that the incident on the motorway has had on your day-to-day life.

      It is important that you seek appropriate medical attention (which you appear to be doing) by seeing your GP in order to get the issue noted on your medical records. It would be wise to discuss in full with your GP the incident and how you feel that the incident has prevented you from living as you were up and until that incident ever since.

      We would be happy to help you to get your claim started and our specialist personal injury Solicitors would be able to ensure that an appropriate medical expert was instructed to speak with you and provide a detailed specialist report outlining the exacerbation of your situation and the impact that it has had upon you. To start your claim, you’ll need the details of the incident – vehicle registrations and ideally the driver/company information. To get further help, you can call us on 01225430285 or ask us to call you.

      Reply
  54. Michael

    Hi i was in a rta in 2013 and my case is still going on i hurt my lower back and neck in the accident. i had to have operation on lower back which hasn’t worked so i’m now waiting to get spinal cord stimulater inserted for constant nerve pain. I also suffer with chronic neck pain and was told by doctor they are gona concentrate on my back first before they tackle my neck. I’m still out of work since 2014 and still getting ongoing treatment but as per usual the other solicitors are saying its a preexisting injury because the line of work i’m in, lifting roller-shutters, which i cant do anymore. I was hit by a van with a trailer carrying wet concrete covered in plastic but thank god i’m still alive.

    Reply
    • Ian Morris

      The incident in which you were injured sounds awful and given the severity of the injuries you have sustained, it is understandable that the claim has yet to settle.

      Reply
  55. Val

    I am 37 years old I had a car collision in 2018, this case is still in the process of completion. The experts are stating now that I have a pre existing medical condition and that its ongoing, therefore cannot claim my full work pay for the amount of time I was off due to this, they state can only pay 6 weeks prior to the accident.

    Can they not argue this get second opinions on experts. As in reports it clearly states it has aggravated the pre existing medical condition but up to 6 months any ongoing pain they saying it’s by the pre existing medical condition. Which I do not feel so.

    Reply
    • Ian Morris

      Of course it is possible to argue the findings of an expert, but it is not without risk or cost to do so. Your Solicitor could instruct a new independent medical expert in the hope that they would issue different, more positive findings. However, you would not be able to recover the cost of the 2nd report and you would have to pay the cost of that up front. If the report were to reach the same conclusion, you would be left out of pocket with the same outcome and if the expert were to reach a different conclusion, the defendant will still cite the findings of the previous report.

      Reply
      • Val

        Hi Ian, thanks for replying.

        Is there no other way I can recover my full loss of earnings to say I have sick notes, as I do not get sick pay or any other benefits any sort.

        It just does not seem right due to an accident not my fault, I have not been able to return to work as of yet and still in pain. So you can see the frustration I am in.

        Reply
        • Ian Morris

          The only way to recover lost income is by succeeding with a claim and having the required evidence (including medical report evidence) to substantiate your claim. I can fully understand your frustration and it is one we share. Many times claimants have the same sense of injustice that you feel with regards to an expert giving a view that a pre-existing condition was present and that the accident hasn’t caused the full extent of the suffering, only sped up the process.

          Have you discussed with your Solicitor as to what, if any options you have?

          Reply
  56. KRZYSZTOF

    Hi
    I had a car accident 3 years ago in December 2016 it was my third time non fault accident, my case is still ongoing with my solicitor and third party, the other party admitted fault weeks after an accident. My concern is that I did not recover from last accident mentally and physically. I spoke with many therapists, they provided for me but now I do not know what to do as in December will be 3 years and they did not settle the case yet, what I can do ? Will this will be extended as my injuries are more complex? How can I resolve this matter? I would like to take third party to the court but my solicitor told me you can not do it because they did not offer anything yet, but is nearly three years in 3 weeks, are they gonna extend the time because of injuries are more severe?

    Reply
    • Ian Morris

      If your Solicitor has already registered your claim, the 3 year issue should be irrelevant, however, we would strongly recommend that you check with your Solicitor regarding this.

      The full extent of all injuries should be taken in to account, whether the injuries are physical or emotional and your Solicitor should ensure that the relevant medical expert is instructed to provide a detailed report for the Solicitor to use when negotiating settlement of your claim.

      Reply
  57. Steve day

    Good morning, last year I had an accident at work because of a machine malfunction. This was not the first time this particular role had injured someone, the company have admitted liability to myself. However they will not allow me to return to work until I give authority to my nhs scans which I do not want to do because the consultants opinion is that the accident accelerated my current conditions by around 6 months, and the conditions would have occurred naturally in the future. However I believe that they were caused by repetitive lifting roles within the company.

    Reply
    • Ian Morris

      You should discuss the employers request for the medical records with your Solicitor.

      In terms of providing your medical records, you could instead perhaps discuss this with your GP and see if they would be willing to issue written confirmation or a summary of your medical records relating to the injury to confirm that you are now fit to return to work without disclosing at this stage what the Consultant has said regarding the acceleration of symptoms.

      Reply
  58. Aron

    Hi i am just wondering if i am able to claim compensation for a spinal injury in my lower back i had happen at work a few years ago. i was put on work cover and they paid my weekly wage for the days that i spent off work due to the injury, i have since had a couple of other injuries in my back including a fractured disk showing loss of vertebral height to my T11 and a prolapsed/bulged disk at L5/S1, and spent time off work on work cover for those also. i am currently on work cover for a sprained muscle between my shoulder blades at T6/T7, but my problem is i now have been working with the company for 6 years but for the past 3 years have been suffering with very painful sciatica which escalates from my lower back to my left hip all the way down my left leg and seems to be worsening more and more. i have extreme pain trying to sleep at night and have to sleep with 2 pillows between my legs to even try and sleep, it sometimes causes bad pain to my left leg whilst walking making it difficult. i am constantly taking panediene forte and tramadol on a daily and nightly basis for the pain and sometimes endone. I am a delivery driver and sometimes some very heavy boxes come into the depot to be delivered, my boss has been informed by higher authority that we aren’t to lift over 32kg alone and is aware of my previous work injuries yet when boxes like this come into the depot he insists that we take the delivery out by ourselves which means picking up the heavy items alone, and this is really causing me a lot of grief every time this happens, i’m pretty much just waiting for my lower back to give up.
    So is it possible to make a claim for compensation on the past injuries i have sustained to my lower back whilst at work even though its a pre existing injury? It causing me extreme pain and is going to be a life long ongoing problem, and i have a family of six children that i have to support and fend for.
    The last thing i want is to not be able to look after and support my family.
    Can you please tell me what options i have?

    Reply
    • Ian Morris

      You appear to have been managed in a negligent manner by your employer with regards to safe lifting techniques and the management of the weight of items that you are expected to move whilst at work. So on that issue, there is a fairly obvious case of employer negligence and that would enable the right to pursue a claim.

      However, under UK law, you must make your claim within 3 years of the date of the onset of your injury symptoms. You mention having suffered for the past 3 years so we would be concerned that you may sadly be time barred under the statute of limitations in terms of a claim for personal injury compensation as a defendant insurer would check your medical records and could see that you have been having treatment for more than 3 years.

      If you have changed jobs within the past 3 years and the ‘new’ employer is the one that appears to be negligent and is causing a worsening or exacerbation of pre-existing back trouble, you may be able to pursue a claim against them for the further damage and worsening of your symptoms.

      Reply
      • Aron

        Thanks for the information

        Reply
        • Ian Morris

          You’re welcome. If you need any further help or want to find out more about making a claim for personal injury compensation, please do not hesitate to get in touch with us.

          Reply
  59. Clara

    Hi. I’m at the early stages of my PI claim whereby I was not at fault in an RTA. I have been referred for physio for neck and arm pain/injury. My question is though, as a tinnitus sufferer (I wear hearing aids and have had frequent Dr/hospital appts) should I mention that my tinnitus has been much louder since my accident and therefore causing me further distress, as I struggle greatly to cope with this condition in the first place? Thank you.

    Reply
    • Ian Morris

      You most certainly should inform your Solicitor that you are suffering with worsened or exacerbated symptoms relating to your pre-existing tinnitus condition. Whilst you are claiming for soft tissue injuries caused in the non-fault car accident, you are also able to include in your claim, the exacerbation of a pre-existing condition. Your Solicitor will review this for you and would be able to instruct a medical expert to report on the increase or worsening of symptoms and include the same in your claim.

      Reply
  60. Arthur

    A friend had been diagnosed with PTSD but was coping well and leading an active sporting life.
    She then was involved in a biking accident which was not her fault. This has worsened her PTSD and caused some additional possibly neurological pain.

    Is she entitled to compensation for the exacerbated or aggravated condition?

    Reply
    • Ian Morris

      Providing the biking accident you have mentioned was caused by another persons negligence (a vehicle driver), then your friend would be able to pursue a cycling accident claim for any new physical injuries caused as well as claiming for the exacerbation of the pre-existing PTSD symptoms. Of course, medical evidence will be needed to pursue such a claim.

      Reply
  61. Jamie

    I have had previous back problems which I have been to the GP about a number of times over the years. Last June I was employed by a care home and I was made to move clients without having been given moving and handling training and the impact on me from this is that it has greatly worsened my back problem.

    Would this be a case to claim for (with already having back problems)? The company have admitted liability for this but my records show that I already had back issues?

    Reply
    • Ian Morris

      Whilst you cannot hold the employer responsible for the full extent of your back problem, you are able to hold them to account for the worsening of your symptoms and exacerbation of your back pain.

      The level of damages that you would be entitled to would be decided on the basis of the outcome of a medical experts assessment of your condition and their ability to extrapolate the level of symptoms that could be attributed to your employers negligence and what level of symptoms you already live with.

      We would be happy to help you with your claim in order that you could look further in to making a claim for compensation.

      Reply
  62. Russ

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

    Reply
    • Ian Morris

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

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

      Reply
  63. Alicya

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

    Reply
    • Ian Morris

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

      Reply
  64. Anna

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

    Reply
    • Ian Morris

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

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

      Reply
  65. Faye

    Hi

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

    Reply
    • Ian Morris

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

      Reply
  66. Mic

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

    Reply
    • Ian Morris

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

      Reply
  67. Tracey

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

    Reply
    • Ian Morris

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

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

      Reply
  68. Nicky Gibbins

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

    Reply
    • Ian Morris

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

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

      Reply
  69. Sue

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

    Reply
    • Ian Morris

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

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

      Reply
  70. Stuart

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

    Reply
    • Ian Morris

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

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

      Reply
  71. Jen

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

    Reply
    • Ian Morris

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

      If you would like to find out more about your rights and how we can help you to make a claim for compensation, please call us on 01225430285.

      Reply
  72. John Williams

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

    Reply
    • Ian Morris

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

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

      Reply
  73. Andy

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

    Reply
    • Ian Morris

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

      Reply
      • Andy

        Thanks for the reply Ian.
        My independent report that was done in 2017 said somewhat the same but he said i could have gone years before showing any signs of problems and this injury made things worse. But works independent in 2019 did not agree. I have ended up with depression due to all this and losing my job and so on. I just worry now that i will end up with life time of pain and get no compensation that reflects how my life is now.

        Reply
  74. Donna

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

    Reply
    • Ian Morris

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

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

      Reply
  75. Lucy

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

    Reply
    • Ian Morris

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

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

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

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

      Reply
  76. Alex

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

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

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

    Is this right?

    Reply
    • Ian Morris

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

      Reply
  77. Simon

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

    Reply
    • Ian Morris

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

      Reply
  78. John

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

    Reply
    • Ian Morris

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

      Reply
  79. Jane

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

    Reply
    • Ian Morris

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

      Reply
  80. lee

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

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

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

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

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

    Reply
    • Ian Morris

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

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

      Reply
  81. Dave

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

    Reply
    • Ian Morris

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

      Reply
  82. sylvia

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

    Reply
    • Ian Morris

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

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

      Reply
  83. Lisa lunt

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

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

    Reply
    • Ian Morris

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

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

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

      Reply
  84. Jim

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

    Reply
    • Ian Morris

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

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

      We look forward to hearing from you.

      Reply
  85. Gaynor

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

    Reply
    • Ian Morris

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

      Reply
  86. Jason.

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

    Reply
    • Ian Morris

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

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

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

      Reply
  87. Clint

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

    Reply
    • Ian Morris

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

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

      Reply
  88. Mark

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

    Reply
    • Ian Morris

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

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

      Reply
  89. Danny

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

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

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

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

    Thanks.

    Reply
    • Ian Morris

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

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

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

      Reply
  90. Audrey

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

    Reply
    • Ian Morris

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

      Reply
  91. Kirsty

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

    Reply
    • Ian Morris

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

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

      Reply
  92. nicola

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

    Reply
    • Ian Morris

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

      Reply
  93. Jason

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

    Reply
    • Ian Morris

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

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

      Reply
  94. Ric

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

    Reply
    • Ian Morris

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

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

      Reply
  95. Mary

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

    Reply
    • Ian Morris

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

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

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

      Reply
  96. Noeleen

    I have made a claim for compensation after a fall. I went for an MRI and the resulting diagnosis was that osteoarthritis is starting. I have been in pain since my fall, but my Solicitor stated that I already had this condition and would not be admissible in court.

    On reading up about osteoarthritis, I note that it is or can be brought on by trauma – such as an accidental fall. This is first called trauma arthritis and becomes osteoarthritis. Is there evidence that this is the case? Just get standard quantum settlement for fall as I could loose if fought further?

    Reply
    • Ian Morris

      When any claim for personal injury compensation is settled, the amount of compensation that can be claimed will vary depending on the contents of the medical evidence and medical assessment report prepared for the claim.

      As such, the medical evidence can only be deemed to be relevant or applicable if it relates to injuries caused in the accident and NOT for any pre-existing or non-related medical condition. As such, if the experts are saying that you already had osteoarthritis, you won’t be able to claim that your accident has caused the condition as you won’t have the evidence to support that allegation.

      Reply
  97. Richard Bielby

    I had a car accident August 2014. I was sent for a X-ray September 19th 2014, hip pain, my three year insurance period has been protected where they discovered arthritis. I have had no hip problem ever in my life, in December 2017 I had hip replacement, the specialist says that the accident has brought forward the need of hip replacement by one year. 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 dismissive of the case. I have asked for a second opinion as I do not agree with the specialist, the solicitor I have is part of my car insurance and are not very helpful.

    Reply
    • Ian Morris

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

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

      Reply
  98. aaron ballard

    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 to cycle to work or be on my feet all day anymore.
    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 worthwhile 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 arrange a final settlement. The solicitors have threatened to close the claim without my permission and I will not receive any payment at all.

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

    Reply
    • Ian Morris

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

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

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

      Reply
  99. Heatherr

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

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

    Reply
    • Ian Morris

      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.

      Reply
  100. Lindsay Challis

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

    Reply
    • Ian Morris

      I would say you 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.

      Reply
  101. Marie

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

    Reply
    • Ian Morris

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

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

      Reply
  102. Ryan

    Hi, I had a car accident following which i have had back pain (no previous back pain except for sciatica).

    I have had an 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 i’m told is a spinal fusion worst case scenario. (accident was rear shunt, third party accepts full liability). Thanks.

    Reply
    • Ian Morris

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

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

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

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

      Reply
  103. Paula ford

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

    Reply
    • Ian Morris

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

      Reply
  104. Andrew

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

    Reply
    • Ian Morris

      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.

      Reply
  105. E Goddard

    Sir,
    I’m confused and angry about a car accident I had in 2013, driver did a U-turn against a red light, colliding with me twice, my car spun out of control, ending up in the centre of the road.
    I was thrown violently about, my head & shoulder repeatedly slamming into the drivers door. witness came to my aid, my right foot was caught under the accelerator, I couldn’t bend to free myself, excruciating pain shot through my back, bottom and right leg. He was finally able to free me.
    At the hospital, Doctor said I had soft tissue damage to my shoulder and whiplash to my neck, he couldn’t say what other damage had been done to back without an MRI.
    He wasn’t specific about anything else.
    The issue is, I had a pre-existing back problem at the time of the accident, C.E.S.
    I used a walking stick, took strong pain medication. But almost immediately following the accident, I realised I was injured far more than soft tissue. The nerves in my back affecting my bowels and bladder, something was wrong. 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 off 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, it’s unbearable.
    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?

    Reply
    • Ian Morris

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

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

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

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

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

      Reply
  106. Steve Sanderson

    I fell down a 5′ manhole that was covered with a makeshift piece of steel as a permanent 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 collapsed 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 to 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 knees had got any better. After two weeks I went back and he made me an appointment 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 replacement on my left knee. He arranged for me to see him 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 to the right knee removed having also being told the right knee needs a partial replacement in 12 to 18 months time.
    I instructed a solicitor 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 independent 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 accelerated an existing underlying problem.
    In 1995 I had a small piece of floating cartilage removed with an arthroscopy 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 symptoms with knee problems. There is no medical 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 me I 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 conclusion.
    I’ve never had time off work with any knee problems. I’ve 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 cartilage removed from my right knee. In his report he says the problems i’m having are nothing to do with the accident and that it only accelerated a non existent problem i was having.
    Do you think I have more of a case than £2750. Is it worth using a different solicitor?

    Reply
    • Ian Morris

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

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

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

      Reply
  107. bianca burge

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

    Reply
    • Ian Morris

      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.

      Reply
  108. anthony peersley

    Hello

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

    Reply
    • Ian Morris

      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.

      Reply
  109. Zoe Jenkins

    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.

    Reply
    • Ian Morris

      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.

      Reply
  110. Gemma

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

    Reply
    • Ian Morris

      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.

      Reply
  111. Taylor

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

    Reply
    • Ian Morris

      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.

      Reply
  112. Angela white

    Hi

    On the 10 Feb I alighted a bus. As I pulled the seat down to be seated the bus pulled away allowing me no time to be safely seated. I was thrown to my left against a horizontal handrail. I phoned the bus company when I got home and left a message. I also emailed the bus company later in the day. They replied on the 11 Feb with a standard email.

    After a very painful and stressful night I attended a walk in medical centre where I was diagnosed with whiplash and arthritic reaction. I was prescribed painkillers and anti-inflammatories. I also attended my GP today 16 Feb due to pain in my left breast. He located a small cyst. Until the incident I had no discomfort in my breast. I have Sjorgrens and Raynards disease and am suffering more intense symptoms such as swollen, painful fingers, burning pain in lower legs, very dry mouth and eyes, fatigue, loss of appetite and stiff joints, dizziness and nausea.

    I would like my rights clarified and if my pre-existing condition will go against me claiming compensation?

    Reply
    • Ian Morris

      I have seen claims arising from identical situations succeed and I have also seen them fail, so whether or not your claim would succeed, I could not be 100% certain. However, I would not let that stop you from making a claim against the bus company.

      Reply
  113. Wayne bennett

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

    Reply
    • Ian Morris

      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.

      Reply
  114. Eric

    Hi

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

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

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

    Reply
    • Ian Morris

      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 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.

      Reply
  115. Jeff reece

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

    Reply
    • Ian Morris

      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.

      Reply
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