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

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

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

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

It comes down to liability

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

Settlement Values

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

Don’t feel embarrassed

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

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

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

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

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Questions & Answers

  1. Christina

    Have an old neck injury 1980-90 and degenerative disc disease

    Last flare up – 2004 was nerve root irritation

    Began a new working practice of working while standing. After some weeks I became symptomatic. Had a scan and am told I have nerve root compression, central canal and foramin stenosis, pins and needles, instability and cervicogenic headaches. It’s caused a whole new level of disability. My question is –

    Can the new diagnosis of nerve root compression and stenosis be called a “new injury”, or is it an aggravation of a “pre existing injury”?

    • Ian Morris

      It is more than likely that any diagnosis of the ‘new’ symptoms would be seen to be an exacerbation of the pre-existing condition.

  2. SAM

    My interim payment has been refused by the defendants. However my solicitor has offered my medical records to them in exchange for the interim payment. Is that a positive move and what’s the reasoning behind this do you think please?

    • Ian Morris

      Defendants have no obligation to make an interim payment, but where liability is admitted and injury severity understood, it is usually possible to obtain such a payment.

      In this case, your Solicitor appears to be providing evidence of the injuries and severity to the defendant. This should help to indicate to them the potential value range of an approximate final settlement and they may then feel more comfortable in releasing an interim award to you.

  3. Phylis

    Can I reclaim compensation for an injury from wen I was 8 years old? I’m now 62 my dad took the council to court back in the 1960s as I have a deformity to my hand which needed surgery. At the moment I am now waiting to have surgery on the muscles that are wasting away and I have got limited use of my hand which is causing my mental illness. I was awarded £300 which was a lot then. Now due to the accident I had, my hand has worsened over the years and my mental health suffers even more now.

    The specialist that I saw last week at hospital said that if I don’t have the surgery, I will lose complete use of my right hand. Could you advise me as to whether it is possible to re claim from the local council whose fault it was? They were taken to court and proved to be negligent. Thank you.

    • Ian Morris

      Unfortunately, it would not be possible to return to the claim due to two issues. Firstly, the claim was already settled – albeit for a value that perhaps was insufficient – and secondly because of the time that has lapsed since the injury was sustained.

  4. Keighley

    I had a trip in Dec 2014 and broke my kneecap. I tried to put a claim in at the time to the place where I worked but received threats and abuse from the manager and staff and decided not to proceed. Recently my knee has been so sore causing so many problems such as locking up, swelling and aching day and night. Is it too late to proceed with the claim as I now live in a different town and know these people cant come back to me

    • Ian Morris

      It is now too late for you to take action – unless you are not yet 21 years of age.

  5. Sophie

    Good afternoon,

    I was knocked of my Bicycle two weeks ago by a car turning right. I was in a cycle lane.
    I took the amount offered by the insurance (there car insurance- admiral) for £3209.
    This was for my bike £900, air pods £259 and two weeks off work. I think I took the claim to early (1 week after the crash I had the money in my account) now two weeks on im still in pain with my legs I’m going to start physio next week but I still can’t work. Can I go back and claim again? I haven’t signed any documents I just agreed the amount over the phone.

    Thank you

    • Ian Morris

      As you have agreed settlement and accepted a sum to your account, the defendant will be deemed to have settled their liabilities in full and you can’t now return for further and more appropriate damages.

      Although you don’t need a Solicitor to claim compensation, your situation demonstrates why instructing a specialist Solicitor to act is a very sensible move. Although you would not have had settlement yet, a Solicitor would have ensured that your losses were appropriately accounted for and would have ensured a far higher settlement was obtained.

      • Sophie

        Thank you for the reply.

        I’ve never claimed before and they put thoughts in my head and said getting a
        Solicitor Was a bad idea as it could take a year.
        So there is nothing more I could do ?

        Thank you

  6. Helen

    Hi I was involved in a car accident December 2020, no fault of mine. I was the driver on a large roundabout ready to exit, due to the low sun a car smashed into the rear passenger side and caused moderate damage to the car and spun the car 90 to 100 degrees. On impact my left knee hit the dash board and lever used to adjust the steering wheel. Within 3 hours I had right shoulder pain from seat belt, right hip pain, thoracic spine whiplash and immediate left knee pain.

    I work as a Physiotherapist and am still off work over 3 months later. My job is extremely physical in a busy hospital not something I could physically do. I have had an MRI on NHS of both hips which showed very little in January 2021. I was referred to see the Solicitors specialist Orthopaedic in March and was assessed and I am awaiting the report. However in the interim I paid to see a Private Hip Orthopaedic specialist end of January. I had SI joint xrays which were normal and an SI joint MRI with contrast which showed moderate bony contusion of the sacrum and moderate bone marrow oedema and a minor trochanteric bursitis. I was then referred for a hip arthrogram in March privately which showed a Cam lesion, tethered labral tear and bursitis. I had no hip pain prior to the crash now I have pain day and night and have been on several strong pain analgesia and nerve medication. The private consultant suggested rest to let the sacral oedema to settle then hip arthroscopic surgery.

    To date the Solicitors have said I might not get the money I have spent privately £1230 back and I should of waited until March to see their specialist. However I was seeing their private Physiotherapist who has made no difference to symptoms in 3 months and who said I needed these specialist investigations completing. The Solicitors Orthopaedic Specialist said my compensation value would not be any greater if I had an underlying pre existing problem to the hip and knee. I did not know about the hip injuries prior to the crash and had no symptoms. The crash has caused the constant pain and need for surgery. My left knee has had previous multiple surgeries for a sporting injury in 2008. However there was no pain experienced pre crash in that knee and I could walk 5 miles or more. Now I am limping after 15 minutes and the Solicitors Orthopaedic Specialist said there is new meniscal damage. But again there was pre existing damage from 3 ACL grafts and meniscectomy.

    Where do I stand on getting my money back for medical investigations to find out the cause of the ongoing hip and pelvis pain please? Also if there was damage in the hip prior to the crash it was asymptomatic and not affecting my daily living. Post crash it is affecting my ability to work, sit, stand, bend everything. How did this affect my case please? Thank you in advance.

    • Ian Morris

      So long as the fees you have paid for treatment are not excessive and a medical expert agrees that they were justified and correct treatments, you should be able to recover the expenses you have incurred, certainly the vast majority of them.

      In terms of a pre-existing degenerative condition, if a medical expert finds that you would have suffered from the symptoms at some point, but the incident in which you were injured has simply accelerated the on-set of those symptoms, you will be able to recover compensation for the injuries, but the value will depend on the increased on-set speed as specified by the medical expert.

      • Helen

        Hi thank you so much for your response. I was advised by the Solicitors GP on the 9 January I would need an Orthopaedic Specialist appointment after finding out this would not be until March and then it was only an initial assessment I decided the Private route was the only option. I was seeing the Physiotherapist from 9th December so had 10 appointments and he recommended to the solicitor I needed a hip arthrogram. The fees for the Consultant were £190 x2 appointments, Hip Xrays £170, MRI with Contrast £499 and they also completed the arthrogram in with that costing. Then 7 prescription costs at £9.20 each. Working as a health professional I know the deep groin pain experienced following the crash which has not changed in 3 months despite being on Paracetamol, Codeine, Naproxen and Gabapentin with disturbed sleep is not normal. I had absolutely no pain in the hip and took no medication pre accident. The fact that they also found moderate bone bruising and oedema shows the impact was significant. The Solicitors specialist has all the medical scans and reports/ evidence I have paid for which I feel it only fair they pay for since the accident was not my fault. Thanks Ian

        • Ian Morris

          Good luck with both your recovery and your claim. Your Solicitor should be able to fight to recover your costs.

  7. Amy


    I was involved in a car accident that wasn’t our fault, the impact of the collision was moderate-severe and we were informed that we were lucky to walk away without any life changing injuries. However I was diagnosed with Rheumatoid Arthritis 10 years ago when I was 17 years of age and was treated on low immunosuppressive medication back then the side effects of the treatment were more significant that the pain so I decided to stop all treatment to which I had no further problems. After the diagnosis and symptoms in 2011 I haven’t experienced any flare ups and to be honest completely forgot about the diagnosis until 4-6 weeks after the collision when all but 3 joints were inflamed and extremely painful. I was referred back to rheumatology specialists and have since been treated with high dose immunosuppressive medication back in July 20. Prior to this I was taking hydroxychloroquine, taking high dose anti-inflammatories and pain relief just to allow me some relief and was following a specific treatment plan as recommended. The flare up stopped me from living a normal life from June 2019 to November 20 (when the methotrexate 20mg commenced), the dose of treatment had to be slowly increased and the dose I am taking now has finally allowed me to live somewhat normal life although I am still unable to do some things I could do prior to the flare up. Before being on methotrexate especially the dose I am now I was unable to attend the gym, go for runs, dress and wash myself at times. I was unable to prepare very basic meals and drinks and had to spend almost 2 months sleeping on the sofa due to being unable to climb stairs. I had to organize lifts into work as I was at times unable to drive. Luckily I am an administrator and can sit in an office, however I used to regularly pick up support worker shifts at the weekend to add extra payment to my wage packet as we had in June 2019 bought a house, The extra pay would add to the savings for our renovation plans. I was unable to do these shifts as we spent long periods standing up. I had huge renovation plans for our house and myself and my partner had also planned to start a family. I came off all contraception back in early 2019 with hopes that our family plans could begin. When experiencing the severe flare up I could barely clean myself due to the pain never mind being touched by my partner, this impacted upon our relationship massively and because of the pain I was in family planning had to stop. I was then advised following being placed on methotrexate that I would need to go back onto contraception as this is a drug that would complicate pregnancy and even harm the baby so becoming pregnant was not an option. As you can imagine I am still upset and angered by this as I am almost 27 and my family plans have had to be put on hold due to an accident that wasn’t my fault, the third party driver was speeding and over-taking cars on blind bends in the rain due to this he lost control of the car and hit us. In order to begin a family I need to be off the treatment for 6 months, whilst pregnant and 6 months after giving birth, I’m frightened that without this medication I may return to a state of barely being able to look after myself never mind a baby, this worries me. I experience regular moderate side effects from the treatment daily, this is more intense after administering the methotrexate and for 24 hours after this. This has impacted upon my working life, I do not receive sick pay and have had to rely on annual leave to ensure that I am paid a full wage when I have to ring in sick which unfortunately has been a lot, prior to the accident I had 4 days off in 4 years. I have to now pay for constant prescriptions of planned treatment and other forms of pain relief due to the side effects I regularly experience, the treatment I am taking literally saved my life, I was in a rut and couldn’t see things progressing within my life. I am represented by a solicitor, medical reviews have taken place however things are progressing slower than I ever thought they would. I understand the pandemic has a part to play in this. I am keen to resolve things quickly and despite asking for advice around whether or not I have a claim in regards to the almost 2 years of my life in which have had to go on hold and the severe pain I experienced I haven’t yet had a straight response and have asked questions but don’t appear to be getting a simple answer. I wondered if you would be able to share your honest view on this please. Sorry for the lengthy query.

    • Ian Morris

      The pandemic has caused some delays in certain aspects of the claims process – delays in return of correspondence from defendants and more difficulties in arranging physical examinations and discussions with various important parties. Given the complexities of your situation – a pre-existing condition that has been exacerbated and the additional impact on your personal life and family planning, it is important that you do not get too frustrated with the timescales of the claim as the most important thing is for your Solicitor to gather the right medical evidence to demonstrate the impact that the accident has had on you. This should enable the final settlement of your claim to properly account for the physical and emotional impact that this accident has had.

  8. Olu

    I had a car accident in December 2018, I have suffered severe back, shoulder and arm pain afterwards. My claim is being handled by the insurance company law firm and it’s taking forever to settle. I was first offered a low amount which I rejected and made them requested for my medical file. I am on strong medications, suffered anxiety and cannot sleep without medication for my nerves. i could not work for a whole year and I am no longer able to do much even when I decided to look for a job. I was diagnosed of chronic widespread pain and fibromyalgia, also waiting to see a pain clinic doctor that is considering injection into the spine due to degeneration of my discs. I have had more than 6 file handler on my case , each leaving after a few months with the firm, I guess due to the pandemic. This firm is so slow, what can I do please?

    • Ian Morris

      One of the issues you raise – numerous file handlers on your claim – is a commonly discussed problem when we hear from people who feel unhappy with the handling of their claim by some of the larger law firms who receive bulk work directly from car insurers. Without doubt, the constant changing of claim handlers does slow the claims process and it can mean that a claimant does not get the proactive and detailed representation that their claim warrants.

      Given the apparent severity of your injuries, it is no surprise that your claim has yet to settle and it is usually the case that a claim where numerous injuries have been sustained and recovery is not yet complete, that a claim will take more than 2 years to settle, often 3 or more. However, claimants should be kept informed of the process and objectives of the Solicitor handling the matter so that they do not feel unduly anxious or worried as to the handling of the matter.

      In your case, I would recommend that you make a written complaint to your Solicitors outlining your concerns – specifically the constant changing of claim handlers and I would also suggest that you request that your file be taken over by a senior and experienced Solicitor instead of a claims handler given the apparent complexity of your injuries in order to ensure that your claim is settled at the appropriate value and at the earliest sensible opportunity.

  9. Darren

    I was injured while reaching for a box,my calf muscle popped in doing so,n was told at my local m.i.u. that I have a lot of soft tissue damage and for my doctor to book ultra sound which I’m waiting for.im now off work.its hard for me as I’ve only recovered from back surgery 3weeks ago on health reasons.i have not contacted any solicitor yet.there is no equipment to help reach the heights I have to do.eg.ladders.do I have a case.

    • Ian Morris

      If the employer has failed to ensure that the risk of injury in the workplace is minimised – as far as practically possible – you can pursue a claim against them for compensation for injury and loss. In your case, as the employer appears to need you to access items at height, their failure to provide adequate equipment (such as step ladders, stools or similar) may well be seen as employer negligence and you could succeed with a claim for compensation.

      Please provide further details to us via our ‘start your claim for compensation‘ form and we’ll happily investigate your injury at work and possible claim on a No Win No Fee basis.

  10. Susan parsons

    My name is Susan I had a accident at work I slip on a floor that had no wet sign displayed that was in 2018 I have now got arthritis and I’m on sick from wok I’ve had a Cortizone Injectionlast year which help

    • Ian Morris

      You would have 3 years from the date of your accident at work in which you can make a claim. Therefore, your 3 year period will expire sometime this year. If you are within the 3 years and wish to discuss a possible claim with us, please call us on 01225430285.

  11. Kerry

    My Partner had a accident at work in 2018 which the company was sued and they attempted fault and my partner had a pay out.
    2019 my partner went outside at home and callasped and because of the previous accident, this resulted in life changing living and living in a nursing home with permanent brain damage.
    Can you sue twice
    Thank you

    • Ian Morris

      Unfortunately, you cannot claim twice.

  12. 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

    • 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.

  13. Christopher

    I had a very bad back injury about 5 to 6 years ago and over the years my condition is getting worse constant knee and hip pain and swelling in my knee but my soliciter settled early but i didnt think it was enough but was told to accept it can i make a claim because i feel as tho i was pushed into it and feel let down with my ongoing pain

    • Ian Morris

      You can’t return to the claim for personal injury as that has been settled and the defendant in that action bears no further liability. If you are of the view that your previous Solicitor handled your claim negligently, you could see if a specialist Solicitor was able to pursue action against the previous Solicitor for professional negligence.

  14. Sarah


    Following on from my accident I unfortunately had to resign from my job. I was a business consultant (field based) which required me to travel daily around the UK. I had a nervous breakdown due to the pressures of having to drive and could no longer carry out my duties. I received medical care from the mental health crisis team and I am still having ongoing care via my social worker and psychiatrist. Would this be classed as loss of earnings? I was o a £40k salary plus benefits and company car. If this is classed as loss of earnings would the compensation amount just be for the 2 months I had off work following the crash or for future loss of earnings?
    Many thanks

    • Ian Morris

      If it can be demonstrated (with medical evidence) that the cause of you having to resign from your work was the negligence of the 3rd party driver, a Solicitor will attempt to seek loss of income covering the period after you resigned. However, it may be difficult to obtain future loss of income.

      Without doubt though, you should commence a claim at the earliest opportunity. You have a maximum claim limitation period of 3 years in which you can make your claim and it would be wise to start your claim for compensation soon as possible.

  15. Lisa

    My husband had an accident in 2017 in his works van and his air bag didn’t come on. It resulted in his head going through the windscreen and breaking his hip. About 2 months later he passed away and I’m unsure whether the crash and head injury contributed to his death. Am I entitled to claim compensation?

    • Ian Morris

      We are very sorry to hear of the loss of your Husband.

      In terms of any claim for personal injury, due to the time that has lapsed between the incident and today (more than 3 years), you cannot seek to make a claim as any action would have had to have been taken within 3 years.

  16. Sarah

    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 ?

    • 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. You can start your claim by calling us on 01225430285 or if you prefer, just use our simple form to start your claim on our website.

  17. Barrie Charles Gennard

    I was hit at 68 mph when stationary nearly 4 years ago. My solicitors have walked away and not dealt with my claim and left me to suffer. Damage my neck shoulder and back car wrecked and I have completely lost teeth in the crash. Nothing has been done and I am still suffering.

    • Ian Morris

      Have you formally complained to your Solicitors and asked them why they failed you?

  18. ALLAN

    My Question

    Can I now claim compensation for permanent disability with respect to the disability caused by permanent injury ?

    Serious leg injury playing football in 1974 that has now resulted in a permanent disability Foot drop and Popliteal palsy. Further surgery offered to stitch fibres into the severed nerves. because I was very unhappy with the surgery since the operation did not achieve anything, I was diagnosed disorder the form of schizophrenia or complex in which personalities are not working together properly .I am advised the disorder is caused by a lack of continuity in the body neurological system affected by the severed popilteal nerve in the hollow region behind the knee. In 2013-2018, a Doctor advised nothing would be achieved by the further surgery. At the time of the injury I was only 15-16 years of age and insurance cover is not available until 18 and over I was under State Pension at the time of the incident. I have suffered from a Psychiatric disorder which appears to have resulted from the pre-existing serious leg injury that severed the Popliteal nerve in the right leg causing a break and lack of continuity in the body neurological system, the psychiatric disorder affects my moods, powers of concentration and normal stream of consciousness. I recognise there is time limit within which Court Proceedings should be commenced, I did not know this and I was not aware of this. Also, at the time of the injury I was only 15-16 years of age, I would not be expected to have the mental capacity of an adult and insurance cover is not available until 18 and over and I was under State Pension Age at the time of the incident.


    • Ian Morris

      Notwithstanding the obvious and understandable problems that you have been left to deal with, you are unfortunately out of limitation and cannot make a claim due to more than 3 years having passed since your injuries, treatments and ongoing problems.

  19. Ethan

    Hi Ian,

    I was unaware at the time it states on my hospital records i was diagnosed with CKD in 2008 though only water tests and serum and creatinine tests has been made both of which was out of the range when received results.
    no follow up or referral was made in 2008, then in 2013 i got the symptons of ESRD. In 2015 I received a kidney transplant. On my records it states i have bilateral kidneys, and the condition was hypertensive uncontrolled and worsening CKD. I have only seen the records late last year, do you think i can make a claim for this? i think may be difficult in causation, however the trust should of investigated me when I was younger?

    • Ian Morris

      It would seem that you only became aware of this situation last year and as such, you would be within limitation and could therefore at least make further enquiries with a clinical negligence specialist as to whether or not negligence can be established.

  20. Vanessa

    Hi, I was involved in a serious assault at work where my head and neck were both severely traumatised and pressure was put on my neck. In mid 2017 I was diagnosed with a slight C5 C6 bulge in my neck, I saw a spinal specialist who stated that it was a common problem and to take paracetamol and undergo physio which I did, no issues since. After the assault in 2019 I woke up 2 days later with severe pain in my neck and pins and needles and
    numbness in my left upper arm. I had an X-ray which showed a compressed nerve in between the same 2 discs. After having a MRI and CT scan it also showed that I had nerve root compression which 10 months after the assault lead me to have orthopaedic surgery on my neck, 2 screws and a plate to relieve the pressure. They only perform approximately 20 of these operations a year!! My surgeon has refused to fill out a form for my solicitor as he said I had a degenerative spine and that the assault accelerated it. I have not seen an independent consultant through my solicitor, lost £12500 in wages. Will I loose my claim??

    • Ian Morris

      You won’t lose the claim – the issue in terms of any pre-existing or degenerative condition is not considered in terms of the liability or otherwise of any claim.

      Assuming that liability is established in your claim, your issue is now the value of the injury and reaching an agreement on the same with the defendants. Have you spoken to your Solicitor about your Surgeon’s refusal to sign off the form in question?

      • Vanessa

        Yes I have but she’s vey elusive. It’s going through with CICA and I have kept them updated personally 100% however, I have been informed that they are not good in coming forward and will award you as little as possible. It’s so frustrating as the guy in question was charged with criminal assault and found guilty. I am a prison officer!! The pressure on my neck was that he put both hands around my neck it took an officer and 3 prisoners to get him off me apparently I was gone. I passed out. I went back to the Dr last September for the pain in my neck and he prescribed Tramadol and Pregabalin which I refused to take as I knew I would be non compess mentos.

        • Ian Morris

          The CICA is definitely an imperfect body, but at least it does afford the victims of criminal assaults – such as yourself, the prospect of some form of compensation. One thing in your favour is that you are clearly not a criminal and won’t have any ‘penalty points’ against the value of any award – the CICA criteria looks at convictions of claimants and anyone with a criminal history will either have compensation deducted or be ruled out of any award.

          Good luck!

  21. Alexandra

    Hi there.

    I was beaten up at my place of work in 2014 by a man who was sentenced to 5 years for gbh with intent. I was awarded £2000 by the gov fund. My mental health wasn’t taken into consideration at the time even though I’d written it all down in my claim. As time has gone on, I’ve found it harder and harder. I have come to realise that I am experiencing some PTSD symptoms and am finding it very hard when out and about or socialising to not be petrified of being attacked again. I was diagnosed by a psychiatrist last year, with Emotionally unstable personality disorder. I even moved two years ago away from my town where it happened. Also, I quit my job not long after the attack where it had happened and worked in another city as I didn’t want to be there. I’d stay away three weeks at a time as a live in carer for a lady. I have been put on numerous anti depressants and anti physchotic medication since and had therapy and counselling, neither of which helped me as I didn’t know why I was feeling that way. Last year I was put on Prozac and nearly killed myself and I’ve been in similar situations since 2014. I’ve not been able to hold a job down all these years since then either. When I look back at everything and how it’s ruined my relationships and caused stress and anxiety, I know it’s all stemmed from the attack. I wasn’t aware at the time that I probably should have got a solicitor involved and am now wondering if I can claim for how it’s affecting me mentally as it’s not a visible thing, I guess it’s maybe not classed as important. Please do let me know if I can do anything because I am not coping very well and want to get what I deserve after such a horrific thing.

    • Ian Morris

      It is a pity that you were not advised to instruct a specialist Solicitor to act for you at the time as such expert assistance would have seen your injuries – including psychological trauma – taken in to account.

      Unfortunately, due to the time that has lapsed between the incident and now and combined with the fact that you have pursued a criminal injuries compensation authority claim and settled the same, means that you are unlikely to be able to take any further action.

  22. Lucy

    Hello Ian
    I suffered a rta in June 2017.
    The third parties insurance paid for the dent
    Had major dental work done and also suffered 3 bulging discs to my lower back. I had a steroid injection in 2018.
    To this day my my back injury has caused me difficulties in my everyday life.
    Is there anything more that can be done. This has caused great stress.

    • Ian Morris

      As more than 3 years have passed since the accident date, unless you have an ongoing claim still in process, there is unlikely to be anything further you can do. If you did make a claim and that has settled, unfortunately, the defendants liabilities ended with whatever agreed settlement you received.

      Do you have a Solicitor acting for you?

  23. Krzysztof

    Hi there I have problem with my negligence claim , I get offer and my solicitor advised me to accept that offer if I don’t It’s possible that I won’t get more or even worse ,in my feeling that offer isn’t fair to my losses ,pain and suffering,im suffering from
    Depression as well I don’t know much about law and don’t feel like my solicitor doing right, to make the best for me don’t know what to do should I not accept that offer??

    • Ian Morris

      Your Solicitor is likely to be giving you sound advice and if they believe that the offer is fair and unlikely to be increased, they can explain why. If you believe that your Solicitor is not representing you correctly, you can complain formally.

  24. John

    Had a car accident last day of the month car coming head on at us on an angle I stopped the car braced my self the car swerved slightly but hit mirror slid down the side took the rear bumper off partly. Hit and run but I managed to get the registration and give to police. I reported no injuries just shock. 6 weeks later started burning sensation in my right arm that got worse over the months resulting in lots of pain and rotator cuff tear is there a link or not to the incident

    • Ian Morris

      Have you presented to a Doctor or Hospital regarding your injuries? If so, a Doctor will be able to draw a link between the recent road traffic accident you mention and the injury – so long as you have not had any other trauma since the car accident.

      It is not uncommon for symptoms such as those you describe to be delayed in presenting and we regularly see this in the claim work our Solicitors undertake. During a claim, our specialist Solicitors instruct an appropriate medical expert to assess the claimant and discuss the accident, their injuries, read the medical records regarding any treatment provided and then examine the claimant. The medical expert then provides a report outlining the prognosis of the injuries and assigning the cause of them.

      We would be more than happy to pursue a claim for you. Please call us on 01225430285 or use our ‘start your claim‘ form to make further contact.

  25. Beverley

    Hi my son was knocked off his motorbike in 2016 and a whiplash claim was started . Long story short over the 3 years they messed him about his case was in the hands of different employees and at times no one at all . He went for countless medical and I mean a lot I’ve never heard of someone going for so many ? Well in the last few months of the time limit he had an offer and was advised to reject because they could get him more . I advised him just take it I knew what was coming . He followed their advice and rejected then he heard from them new court date for June 2019 I told him you can’t it’s past 3 years in may but he wouldn’t listen . Anyway on the dot in may case closed . Told my son basically that was it done over got nothing . He opened a claim against the insurers who again sent him for more medical and requested info what he had already given then 3 years plus ago up to date info they should still have . Anyway due to Covid he’s been told nothing can be done till this Covid dies down . I’m gutted for him he lost his bike . Wages , money on petrol attending medical , he’s never been the same since and all because he’s too trusting . Is there anywhere he can take this further to someone ? Thank you

    • Ian Morris

      Did you/your Son ever make a formal complaint to the Solicitors that were handling his claim? It would seem that he was the victim of professional negligence. If he hasn’t complained, he should do so and should also refer the matter to the Solicitors Regulatory Authority and Legal Ombudsman Service.

      • Beverley

        Hi I think your advice is spot on it’s the same advice I gave him when the claim ended 18 months ago . I told him your advice he told me to stop interfering and he’s staying where he is waiting of his insurers to sort it after all this Covid over . It is his decision and his decision is wrong , your advice is the way to go but as said his choice . Thank you for your reply and advice and if he does change his mind I’ll post updated here

        • Ian Morris

          Each and every individual has to make their own choice as to what course of action they will take with their claim. With Direct2Compensation, there will never be any pressure to instruct our Solicitors to act or for an individual to make a claim if that is not their intention.

          We’re more than happy to offer guidance on claimant rights and whether or not a claim can proceed with a claim, regardless of whether or not they opt to go ahead. Of course we exist to help claimants make their claims, but helping people in this sector is well worthy.

          Please do update us on the outcome of your Son’s situation.

          • Beverley

            Thank you and I hear everything you have said . I am glad I found this page and got to ask what I wanted to know

          • Ian Morris

            You’re welcome!

  26. 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.

    • 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.

  27. 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 insurance company ,and also can my work tell me I can’t do my job the accident happened when I was working and on my way home from work Thanks

    • 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. Please contact us on 01225430285 so that we can have our specialist Solicitors take care of this and make your claim for compensation. Alternatively, you can ask us to call you by providing more information on our ‘start your claim for compensation‘ form.

      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.

  28. 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?

    • 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.

  29. 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 affect my claim

    • 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.

  30. Alun

    Had a stroke 4 years ago and it took the ambulance and response team 5 hrs to get to me then was sat in a ambulance park for 2 hrs which without proper treatment ended up in a coma and now not well with walking severe disabilities, doing simple tasks headaches and this could have been prevented as the emergency services were called multiple times throughout 5 hrs

    • Ian Morris

      To make a claim for clinical negligence compensation, a claimant MUST make a claim within 3 years of the date of the alleged negligence. Notwithstanding the consequences of the delays on your recovery/health, you are sadly barred from making a claim due to the time that has passed since the alleged negligence.

  31. Amieto

    I was involved in a car accident 6 months ago. TBone ( Im in no fault)I have pre-exsisting medical and Im suffering from depression,anxiety ,knee problem. 3 years ago Dr told that I need a knee replacement, I refused to do so because injection 2x a year works for me.

    Due to the accident my pain worsen I have excruciating pain all over, I have headache, neck pain, shoulder pain, back pain, knee pain,leg pain, tingling and numbness of fingers and toes. flashback, nightmares.Etc.I’m attending physio therapy session. and taking diff pain medicine .

    After the accident my knee
    Are giving up and losing balance ,grinding etc . Injection won’t work anymore , If I go under knee replacement sooner , would that affect the settlement. Less or more .
    Thank you

    • 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.

      • Amieto

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

        • 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.

  32. Rebecca

    Hi I’m just wondering where I stand my car was driven into whist I was not in the car and it was parked in a dentist car park so claimEd with my insurance and they classed my car as a rite off they paid me out and I suffer with Anxiety and depression since then it’s gone through the roof and hate the thought Of getting in the car is there anyway I can claim for that

    • Ian Morris

      Unfortunately, you cannot claim for stress and anxiety in this scenario. Although the incident was clearly upsetting and would cause stress, that would not be covered as the vehicle itself is covered by either your own insurance, or that of the driver that damaged your car.

  33. 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?

    • 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.

  34. Lee

    Hi I was in a car accident last year been suffering since I have been diagnosed with spondylolisthesis and 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 surgery spinal fusion can I claim for this please

    • 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.

  35. David

    Hi I cut the end of my finger with a lawn mower cutting my sisters garden could I claim for this by any chance?

    • Ian Morris

      You can only make a claim if you can attribute the cause of your injury to the negligence of a 3rd party organisation or another person. In this case, it would appear that you don’t have anyone against whom to make a claim.

  36. Hem

    I have been involved in an RTA on the 10/11/2020. I have a ore-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 daily day to day living has been compromised.
    Can I make a claim on these grounds?
    I look forward to hearing from you soon

    Kind regards
    Hem Hewitt (Ms)

    • 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.

      Please call 01225430285 to speak with us and start your claim. Alternatively, you can ask us to call you if that suits you better.

  37. 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

    • 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.

  38. Sbu

    I had an accident and then I had surgery. Now I’ve got talking problems and I think that the Hospital treatment was wrong. I don’t know what to do?

    • Ian Morris

      If you think that medical treatment or surgery has caused further problems through negligence, you first need to make an appointment with your GP to discuss the problems that you are having and ask them whether they have any concerns that negligence may have been an issue. As you can imagine, making a claim for clinical negligence compensation is far from straightforward in that establishing whether the poor outcome of a medical procedure or surgery was just an unfortunate possibility or whether it is down to negligence is extremely difficult.

      If a Doctor advises you that your problems could be attributed to negligent medical practice, you could contact us to seek advice from one of our clinical negligence specialist Solicitors.

  39. 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?

    • 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.

  40. Susan

    I was in an RTA (non fault) when alady pulled out on me on roundabout and I went in to her. She admitted liability at the scene.

    I dont work as I’m disabled and have bone problems and also sciatica auto arthritis and parotid. I also suffer from severe depression and I have suffered bad whiplash symptoms since this incident along with nerve damage and tendonitis in my left shoulder and arm. I still have nightmares and suffer more with anxiety and depression thinking I’m going to die because of this accident and now I am afraid of that roundabout. I get flashbacks too.

    I am now struggling to do my art and I have been to physiotherapy but they cant do anymore. I am still in constant pain with my upper back, my neck, arms, shoulder and the lower right of my back. I am having constant headaches too.

    My solicitor won’t say what my claim is worth yet as I have to see orthopaedic consultant. Can you please give me rough idea?

    • Ian Morris

      Your Solicitor can’t tell you what the claim value is at this stage because they do not know what the medical expert will say, therefore it would be unwise to give you random figure that could turn out to be way off the reality.

      It certainly sounds as if you have a number of ongoing injuries and as we are now almost 12 months on from your accident, the value of the claim could be quite high if the medical expert finds that you are facing a further lengthy rehabilitation period – or that you won’t recover further. You mention both physical and psychological injuries. It is important that you make sure that your Doctor is fully aware of the nightmares, flashbacks and anxiety that you now have – along with the impact on your depression. You must also make sure that your Solicitor is made aware too so that a relevant medical expert can provide a secondary report on the psychological injuries alongside the orthopaedic expert report. This will help you to ensure that any compensation settlement you receive correctly compensates you for the extent of your injuries.

  41. Marc

    Can I claim for Musculoskeletal neck pain which is the result of my car being hit hard from behind. I’ve had no issues in the past with neck pain

    • Ian Morris

      Yes, you can pursue a claim for the injuries caused in the car accident you mention. We can help you with your claim and our Solicitors can make your claim on a No Win No Fee basis.

  42. Karen

    Hi I was given the wrong medication by boots in 2010 and slipped down stairs slipped disc now iv suffered in chronic back pain as my L4 l5 disk herniated/ lateral tears 2 bulging discs. I cant sleep…walk stand sit for long its really taking over my life and mental health. I had to take £200 for dispensing wing meds but couldnt proceeded with back claim then as my heart went doctor said was to stressful. Now I’m bed ridden most days. In chronic agony all day night. My specialist said even after 2nd option couldnt operate at time. Now my legs are suffering my back my whole lifes been taken it feels. I’m on alot medication since 2010. Codeine..diazepam…naproxen…ora morth oral morphine nothing helps pain. I just want be 1 day pain free. I’m only 33yrs old. Single mum its efected my life in many ways. Even had my house adapted for needs and now might be house bound for rest life.Can you still claim after 2010?? Now im suffering for life after accident because of boot pharmacy!

    • Ian Morris

      Unfortunately, there is a strict 3-year claim limitation period. Any person aged over the 18 at the time of an incident, wishing to make a claim for clinical negligence or personal injury must do so within 3 years. Once the 3rd anniversary has passed, a claimant is left unable to take any action.

  43. 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?

    • 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.

  44. 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.

    I am so anxious and worried as I spend a lot of time looking at other claims and I am now putting myself into a state of mental quandary, overthinking what may or may not happen.

    I could stand and cook for long periods of time & dressing was not a problem in the past, nor was going to work. However now I can’t stand for long periods of time & I am unable to walk more than 20m without being in chronic pain and needing to stop and I am not sure what to think as I have never been in such pain. I have also permanent tinnitus and mild to moderate loss of hearing.

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

    • 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.

  45. 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?

    • Ian Morris

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

  46. 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?

    • 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.

      • Mays

        Thank you

        • Ian Morris

          You’re welcome.

  47. Maria

    I suffered with qauda equina of spine 6 years ago had major surgery to try fix it , been in pain since but two years ago I got beaten up by two people and kept stamping on my back trying to break it , I now need surgery on back due to very bad pain bulging discs and other issues , I need back fusions , I took the attacks courts and they got fined £150 each to pay me , where do I stand with this

    • Ian Morris

      You can make a claim to the Criminal Injuries Compensation Authority (CICA) scheme for the victims of criminal assault injuries. You don’t have to have a Solicitor acting for you as you can apply directly via the CICA website.

  48. 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 on going case the doctor told me as I already have osteoarthritis of both knees diagnosed about 10 years ago this could 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

    • 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.

  49. Sajida

    I had an injury at morrisons last month 5 metal chairs fell on me that we’re over piled I took one down to look at it and when I put it back and turned away 5 of them fell on my left upper arm after that I was in pain but just a week before I went to my gp as I had a cyst in my left side of back near hip an mri was done but after my arm injury I started getting really bad pains in all my lower back and last week I was given the mri results that I have 2 bulging discs S1 and L5 but I want to know if I can do anything as after my arm injury my back has worsened and my dose of morphine has been put higher

    • Ian Morris

      We would like to help you claim compensation for the injury to your arm and back. Please call us on 01225430285 so that we can help you make your claim for compensation.

  50. Heidi

    Hi, in my work place I got Injured twice by the same person, the first in 2018 when they hurt my knee as a result I couldn’t walk for the next days, there was alot of swelling and visible bruising, and had to be taken to the hospital for x-rays there were no broken bones but I still could not walk and could not straighten my knee, after some time and alot of physio i could walk again but could no longer do practically any sports which was a huge thing to me as I wanted my future career to be sports based ( I was only 13). I had to do physio for way over a year and I was constantly in pain and suffered having a loose knee and I would repeatedly collapse as because of the Injury he caused I couldnt support my knee anymore. When it all finally started to get better he did it again (15) and this time I had to have MRI and be referred to a specialist and to this day I still struggle with pain, lack of mobility, and knee collapsing. He was aware of the injuries he caused the first time but did not care/forgot and did it for a second time. I’m not sure if this counts as it was from a specific person but it was still in a work environment.

    • Ian Morris

      How were the injuries sustained?

  51. Raashid khan

    i was involved in a car accident 3months ago which was not my fault. Ever since i have had severe knee pain on both knees that has affected my life a lot as i am only 20. I struggle to walk as well as struggling to climb up or down stairs i also struggle getting my shoes and socks on. I have been on sick at work for 10 weeks the pain i still the same if not has gone worse will i be able to claim disability money or anything as sort. I am very stressed as i work in a factory which is heavy lifting and is 12hrs on my feet but i have to go back as i am struggling financially already. It has affected my day to day life as i used to go to the gym as well as play football and cricket and also i mountain bike. I have became very stressed about work and money and well as depressed as i can’t do anything.

    • Ian Morris

      Please contact us on 01225430285 or use our ‘start a claim‘ page so that we can help you claim compensation for the injuries you have sustained and the loss of income you have incurred.

      To pursue the claim, we’ll need the vehicle registration numbers and if the Police attended the scene, their reference number.

  52. Mandy Webster

    I was assaulted at work my supervisor grabbed my arm backwards I put my arm forward to get her off and she pulled it back again and drag me in the office She wouldn’t let me out for an hour since this happened the next day I woke up in agony In my neck And in my right arm I’ve got weakness in my arm and burning sensation down my arm. Had a Mri scan done There is loss of the normal cervical lordosis secondary to intervertebral
    degenerative disc changes extending from C4/5 to C6/7.

    At C4/5 there is a central disc-osteophyte complex which causes moderate
    spinal canal narrowing, indenting and deformity the spinal cord at this
    level and associated with subtle myelopathic cord signal change.
    Associated uncovertebral changes result in moderate left and mild right C5
    foraminal stenosis.
    Which I guess is wear and tear through age I’m only 44 never ever had pain there before and been in pain now for six months, Haven’t been back to work since .And I’ve been told I’ve got ptsd aswell will able to claim

    • Ian Morris

      This sounds like an assault – did you report the incident to the Police?

      • Mandy Webster

        Yes I reported it to the police they are investigating it, She told My boss that she pulled me back for my own safety which is not true she was scared because she had to answer why I was walking out of the company

        • Ian Morris

          Did the Police take any further action? Has the employer conducted an investigation at all?

  53. Ellie


    I had surgery for removal of simple ranula in 2012 and they removed my right sublingual gland. The ranula then re-occurred as a plunging ranula and they decided to remove my submandibular gland (in 2012). I had more surgery as it re-occurred again in 2013, it then came back. In early 2017 I had more surgery and they paralysed my hyperglossal and lingual nerve so I have a permanently damaged tongue (on the right side) and paralysed lip. I got referred to a new surgeon in a different hospital who did surgery in 2019 and removed the left sublingual gland, and my tongue has become more paralysed. I now suffer with nerve pain and have to take morphine nearly everyday, I am now 25. I am now waiting for another surgery as a new scan showed that there is still tissue left from the original right sublingual gland. This shows that a few of the surgeries have been mistakes (and my new surgeon admitted it). Even though the surgery that caused all the paralysis was just over 3 years ago, I am still in continuous treatment, can I make a claim now as it has been proven to be a mistake and the paralysis should not have happened and I still have to have more surgery?

    *May I add that I was informed that if I had speech therapy after the 2017 surgery, it could have prevented the paralysis, but they did not suggest or offer this.

    • Ian Morris

      Have you previously had any advice on this matter from a clinical negligence specialist? If not, we can help in getting you such advice with a specialist member of our Solicitor panel.

      If you would like us to get that advice for you and potentially enable you to pursue your claim, please contact us.

  54. 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?

    • 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.

  55. U Ashraf

    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?

    • 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.

  56. 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?

    • 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

      • 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.

    • 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.

  57. 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?

    • 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.

  58. 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.

    • 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.

      • 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?

        • 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.

  59. 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

    • 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.

      We would be very happy to help you. Please call us on 01225430285 or feel free to email me directly (ian@direct2compensation.co.uk) for further help.

  60. Jean

    I hope you are well in these crazy times.

    I would like to ask a question. I had a whiplash injury around 5 years ago. The lad ran into the back of my car while I was stationery at traffic lights. This shoved my car into the car in front of me. The boy admitted fault right away and his insurance company offered me a payout immediately of £2,500 which I accepted. This was a very very painful injury to my neck and the pain went on for two years.

    I have now been left with damage to my C6/7 discs in my neck, weakness in my arm and dizziness which has had a major affect on my life and the job that I can no longer do which is travelling Scotland as a sales rep. I am working but now doing or earning what I used to earn.

    Long shot here, can I claim for all this damage which I have been left with years later. or is that not the case. You don’t know at the time the long term effects this is going to have on your life.

    I look forward to hearing from you.

    • Ian Morris

      Unfortunately, your claim has already been accepted and settled in full. Therefore, the final settlement you accepted would nullify any right to return for further damages in due course. I appreciate that this is frustrating news given the long term and serious impact that the injuries are having on your life.

      Further, as the accident was 5 years ago, you would also now be considered to be out of time (limitation) to pursue this matter under UK law.

  61. Lynda

    Hi I was involved in a road traffic accident 27 yrs ago when I was hit by a car whilst using a crossing. I Was showing my young children how to use the crossing when returning to our car after a photography session. I pressed the button and waited for the green man to flash. The green man flashed and we started to cross , we were approximately half way across when we were hit by a car driven by a female who had two young children in the back of the car. The children were arguing, she had turned to tell them off and gone through the red lights hitting me and my two daughters. The vehicle hit us and threw us into the air, luckily my daughters came away with cuts and bruises, I sustained a broken ankle and back pain. I was on pain killers for two years afterwards , had various investigations, including an MRI scan And was told that there appeared to be nothing wrong with my back, how ever at times I could hardly move. After 2years the pain subsided and I went on with my life, joining the police service 5years after the accident.
    8 years in to my police career the pain returned, I was unable to continue with my duties as an operational constable and was put on light duties. It effected me so much I had difficulty doing every day things such as getting out of bed, getting dressed, walking etc. I was referred to occi health and sent for another MRI scan and this time it showed that I had no discs in my lower back and the vertebrae were rubbing on each other causing the pain in my back and legs, I was now getting sciatica in both legs. This resulted in me having a partial fusion of the vertebrae and eventually after only 15 years Service in the police I was pensioned off as I could not return to operational dutiies. Although the operation was a success in as much as I could move easier I still had to take pain killers as I still suffered substantial amounts of pain.
    10 years on from the operation I am once again suffering from severe pain, I have had another MRI scan and I now have significant thinning of the disc above the fusion and austio arthritis in my spine. At the moment further surgery is not recommended but in the future the will have to fuse my spine further.
    At the time of the accident I did make a claim and received approximately £4,000 , I accepted this as I naively did not think I would have any long term problems as a result of the accident. Can I take this back and claim as it has had a major impact on my life, such as shortening my career and the operation and further operations I will have to have.

    • Ian Morris

      Unfortunately, despite the impact the accident all those years ago continues to have on your day-to-day life, career and general well-being, there is nothing you can now do in terms of returning to the claim or to make a new claim.

      The statute of limitations in matters relating to Personal Injury Compensation in UK law is strict and applies a 3 years limit for any adult to pursue their claim. Further, as you have already settled a claim, not only are you statute barred due to the time that has lapsed, but the defendant has already settled this matter.

  62. 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?

    • 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.

  63. Reece

    Hello my names Reece

    When I was at school playing in a rugby match 10 years ago I fractured my leg and had a heomotoma blood clot as injuries, thinking back now the school let me make my own way home bare in mind I was 15, which I think may have caused more damage to my leg, I had not first aid was just left on the side of the pitch, also have two witnesses
    Ended up having to be put to sleep twice for two operations and have 6 weeks out of school

    • Ian Morris

      As you were 15 at the time of your accident, you could have sought to make a claim at any stage up and until your 21st Birthday. However, as 10 years have now passed and you are 25, you are out of limitation and cannot seek to make a claim.

  64. 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?

    • Ian Morris

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

  65. 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?

    • 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.

      • 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.

        • 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.

  66. 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 ???

    • 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.

      Please call us on 01225430285 so that we can discuss your situation with you and offer you some assistance and advice to get your claim for compensation started. If you prefer, you can ask us to call you or you could make further contact with me directly by email if that would suit you. You can email me at ian@direct2compensation.co.uk – I would be very happy to help you with your claim.

  67. Robert

    I successfully won my personal injury claim back in 2004/5 and was awarded 100% compensation. However, I am now going through the same pain from the injuries caused in the accident that led to my claim and I have been taking strong pain killers for a few years now as a result. I have recently been told that I may now need further surgery again for the same injuries. Can I pursue a further claim?

    • Ian Morris

      Unfortunately, the fact that the injuries that you sustained in the accident that led to your initial claim are again problematic and may need surgical intervention will not enable you to make a new claim. The settlement that you received in your initial claim would have been based on the injuries sustained and the long term prognosis made by a specialist.

      Given that you have settled your claim and that 3 years have passed since the injuries were sustained, you cannot make a new claim.

  68. Kieran

    I was knocked down by a driver who fled the scene of the accident. I am 27 years old and I spent 4 weeks in hospital with 7 fractures to my pelvis. I had to undergo 5 hours of surgery, had 2 metal pins placed in my back (as during the surgery my back had to be broken to fix my pelvis) and I lived with a metal infix for 8 months before another surgery to remove it.

    I have still not got anywhere near to full mobility and my mental health has been affected due to this. My claim for compensation is already underway (over 2 years now) and the motor insurance bureau have accepted responsibility.

    Understandably, I am wondering what range of compensation offer could be. The motor insurance bureau are only going to accept to pay 70%, byt my lawyer at the minute is only saying the offer should be a substantial offer but they can’t elaborate on what it may be!

    (I also have serious nerve issues in my legs and hips due to the damage to my pelvis as well as the 2 pins in my back which are not to be removed).

    • Ian Morris

      Your lawyer is correct in anticipating that the likely settlement value applied to your claim would be substantial. You have sustained permanent injuries that have required intensive medical treatment and although your condition will no doubt improve in time, you’re unlikely to ever be in the same physical condition that you would have been if you had not sustained these injuries.

      However, to give you a claim value range at this time is very hard and often unwise. Have you undergone a medical assessment by a specialist medical expert? Once that has been done, your Solicitor will have a report that details comprehensive information about your injuries, the medical treatment you have had, what further medical intervention you may need and the long term prognosis (which is vital in this matter) regarding your recovery and long term mobility and pain issues. The Solicitor would then be able to provide the report to a specialist Barrister who can then offer an appropriate settlement range for your claim.

  69. Mickey

    If I had a trip and fall from an uneven sidewalk and injured my shoulder causing me to get surgical shoulder debridement would the value of the case be lessened or destroyed by preexisting complete rotator cuff tear. What would be a conservative estimate of the value of such an issue if any?

    • Ian Morris

      It is not possible to offer a useful valuation for your injury – without knowing the extent of the new damage, the medical treatment and what your medical records state about the pre-existing injury, there is no way of knowing!

      However, having a pre-existing injury/condition does not prevent you from making a claim. You would be able to claim compensation for the worsening/exacerbation of your pre-existing condition and for any new injury and impact caused by that. Our Solicitors would employ a medical expert to write a detailed report regarding your injuries so that appropriate compensation could be recovered.

  70. Danielle.

    I had an accident in 2018 it’s been going through a claim it’s taken very long due to the driver not being from the uk. I have suffered with back neck and shoulder pain since other issues have been resolved. The other party has made an offer to settle which I think is not right but they have based it on a report from physio that was lies which I asked to challenge with my solicitor which she wouldn’t do as she said it didn’t matter it will be from the doctors report. I feel they are not dealing with my injuries seriously and just pushing it aside so they don’t have to deal with it apparently. I don’t want to settle when I believe my pain is a result of my accident and want to challenge their report that was full of lies but I just don’t know what to do. Is there a way I can get my solicitor to challenge the report? Or is it best to get it done and dusted to move on with my life. Thank you

    • Ian Morris

      If the contents of the report are based on the findings of a medical expert who has examined you for the purposes of the claim, there is little that you can do – unless any of the findings are factually incorrect. (You should be given a copy of the report to read and comment on/sign off by your Solicitor BEFORE it is agreed to and presented to the defendants).

      • Danielle.

        It was a physical therapist who did a report and claimed I refused treatment and didn’t need any investigation but they had never done any treatment on my back due to a cyst on my spine and when they said they wouldn’t do anything with my back only my neck they said I should see a specialist about the cyst for further investigation. So I did what they said then they lied in the report basically saying there was nothing wrong with me and I refused treatment to my back. The report that was done went straight to the defendants and then they sent it to my solicitor.

        • Ian Morris

          Have you informed your Solicitor of the factual inaccuracies in the report that the physical therapist has provided? Have they attempted to counter the alleged lies?

          • Danielle

            I have as soon as I read it but they said they can’t do anything about it, which as you can imagine I’m not happy about. I don’t know why they won’t challenge the report the solicitor said it’s out there now and that’s it. She is getting my medical records I’m hoping that once she receives them maybe she will then try to challenge the report.

          • Ian Morris

            Given what you have previously said, your Solicitor should challenge any inaccuracies or discrepancies if they are able to do so.

  71. Joe

    I had an accident about one half years ago. I have whiplash claim settled but I am still suffering stiff neck and pain each day.

    • Ian Morris

      If you have already accepted settlement on your claim, there is nothing you can now do in terms of claiming compensation regarding the neck pain you mention.

  72. Anouska Taylor-Deblin

    after accepting a settlement can I reopen the case as I have developed further complications that are a direct result from the accident?

    • Ian Morris

      You cannot reopen your case if settlement has been agreed and accepted.

  73. 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).

    • 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.

  74. Vic

    I had a fall down a manhole and was injured. I have received an offer of compensation, which I feel is too low as the Doctor has said that I should be fully recovered in 3 years. They are now asking me to go and see a spinal specialist Doctor because I haven’t accepted their offer.

    • Ian Morris

      The forthcoming medical with the spinal specialist should be welcomed as this will give you the opportunity to have an expert provide a detailed prognosis regarding your injury, current symptoms and your ongoing recovery. This will help your Solicitor to ensure that the offer you finally agree to accept will appropriately compensate you for the level of pain, distress and discomfort caused by the injury you sustained.

  75. Lisa

    Hello,back in 2011 I had an operation to remove cancer cells,the operation when wrong with resulted in me being rushed to a&e and having stitches as they had opend up a valve and I was very poorly,I claimed for this and they didn’t admit fault even tho the doctor was struck off during my claim,I had a settlement paid to me,since then I have suffered with deep depression,anxiety,ptsd,and recently been diagnosed with bowel disease I am on so many tablets since 2011 because of the operation and my life has drastically changed were I am unable to work is their anything I can do to make another claim for my life change due to the incident in 2011? Thankyou

    • Ian Morris

      Unfortunately, the statute of limitation laws which apply to personal injury compensation would now see you barred and unable to take any further action. A claim must be made within 3 years of the date of the incident that caused the injuries (whether they be physical or psychological). Also, in your case as you have already settled the claim (even though you don’t feel that it was settled adequately), the claim will deemed to be settled and closed.

  76. Rob

    When reading a medical what does the term index accident mean?

    • Ian Morris

      That means the accident or incident that forms the basis of the claim.

  77. Craig

    I broke my leg in 2018,operation plates and pins 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?

    • 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.

  78. James allan

    Ihad a accident 10 years ago at work but everyone dismissed it. Even my union rep tried to no avail ( think he was in council pocket ) im still suffering today now i have a blue disabled badge to help with parking etc but been told cos its 10 years to late is this so

    • Ian Morris

      Yes, UK law affords a statutory claim period for any person wishing to pursue a claim for personal injury compensation. The period for all adults (aged 18 and over) is 3 years from the date of an accident. For persons under the age of 18 at the time of injury, they can pursue a claim at any stage before their 21st birthday.

      In your case, you are statute barred due to the time that has lapsed since your injury and unfortunately, you cannot now seek to make a claim.

  79. Angela

    Hi I had a RTA September 18 where a lorry wrote my car off. Since the accident I’ve had physio for hip pain which now goes into my lower back and down to my knee. I previously had hip pain in pregnancy 7 years ago which got better but, after the accident the pain has returned. Doctor now thinks I have sciatica and sent me for an X-ray on my hip which shows wear and tear. My claim went to MIB as it was a foreign driver who didn’t report the accident to his insurance. However the insurance company has now admitted full liability and awarded me £5225 (without looking at my medical records) which I thought fine and accepted a few days ago but, upon speaking to family etc, they think I’ve been short changed as my medical records weren’t looked at. Can you give me your opinion? I haven’t been paid out (although I agreed the amount was fine) I’ve been living with this pain now for over a year that affects my day to day duties of being a mum with two young kids. It restricts me from exercising and the pain wakes me at night. Have I made a wrong decision in accepting that offer?

    • Ian Morris

      As you will appreciate, it is very hard for us to advise without having full understanding of the claim and having seen the medical information and this is somewhat a double edged sword.

      On the one hand, you are/were happy with the valuation and have ‘accepted’ the settlement offer (although you probably could now decline it if you act quickly). This offer has been made without medical evidence.

      On the other hand, providing medical evidence could go in your favour or it could count against you. Wear and tear is something that is often found in scans and even though a claimant may have been living pain free and without knowledge of a condition before an accident, if a scan finds wear and tear a report will simply state that the accident has sped up the onset of symptoms by a matter of months or a few years and the value of a claim will be considerably less than a claimant had expected.

      If you have represented yourself with the MIB claim, you could discuss this with the claims handler and ask them whether you can reject the offer and seek a review based on medical evidence. Whilst there is a prospect that you could achieve a higher settlement value, there is a risk that medical evidence may be unsupportive in apportioning the cause of ALL of your symptoms to the HGV and it may damage your claim. We are not saying that would definitely happen – indeed, it may not, but you do need to be aware of the risks.

      • Angela

        Thanks for getting back to me. I’ll proceed with the claim as it stands now. I appreciate your time to explain this to me.

        • Ian Morris

          You are welcome. Best of luck with your claim and ongoing recovery!

  80. Terry

    In October 2019, our parked car was heavily struck by a ten ton lorry.
    I had gone into a shop , a few yards from our car , so wasn’t inside when it happened. However my wife who has Acute Anxiety Disorder, following a Stroke in 2015.
    When it happened she jumped out of the car screaming and at which point I was alerted and went to support her.
    The Driver of the Lorry admitted full liability and our Mobility Car was placed on a recovery lorry and taken away. My Wife’s condition seriously deteriorated and is still some months after still in meltdown. RSA referred her to a mental health specialist who concurred her mental health had been seriously aggravated by the collision.
    However the third party Insurers refused to compensate on the basis of Case Law in that those with Mental Disorders cannot claim compensation .
    I now have to care for her 24/7 and exhausted as virtually anything sets her off
    Her condition remains in a traumatic state.
    Can any body help please.
    Incidentally the car is owned by Motability , insured through RSA and their Legal Group are Carpenters Ltd

    • Ian Morris

      We assume you are referring to the principle that you can’t recover compensation for a purely psychological injury (in the absence of a physical injury associated with the accident). We don’t consider that to be strictly true in all cases, but there would need to be a diagnosis of PTSD (or similar recognised disorder).

      Our view is that the expert evidence says the accident has merely exacerbated your wife pre-existing condition (as opposed to having caused a separate condition). In that case there probably isn’t much they can do. However, it is impossible to tell without seeing the expert report.

  81. Natalie

    I had an accident in June I have just seen a psychologist for anxiety since the RTA. She diagnosed me with Acute Panic Disorder and General Anxiety Disorder and has advised I need 6-8 sessions of CBT and 6-8 sessions of another therapy. My question is, will these sessions need to be concluded before my claim is settled. I’ve already waited nine months within the RTA portal. The defendants have admitted liability.

    • Ian Morris

      Whether or not the sessions will need to be completed before you settle the claim is a matter for you and your Solicitor to discuss. We would anticipate that your Solicitor would want you to complete the therapy before settling the claim in order that an understanding of the extent of which you have recovered from your injuries. Understanding your level of recovery is vitally important in terms of knowing an appropriate value for settlement.

      Whilst we fully appreciate that you have already been in the claims process for 9 months, that amount of time is well within the normal time frame for such a claim. Indeed, most claims take around 18 months to settle, so it would be prudent to take the full course of treatment and ensure that you properly understand where you are at with your recovery so that any settlement you receive appropriately compensates you for the distress and damage caused to you.

      • Natalie

        Thank you for your reply. I had thought that claims going through the portal were quicker than those not?

        • Ian Morris

          They usually are and when the Insurance industry convinced the Government that changing personal injury claims practice as part of the LASPO Act 2012, they claimed that the portal would speed up the process and benefit claimants. Sadly, the reality is that for many claimants the insurance sector continue to delay process of claims and drag things out as much as possible.

  82. 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!

    • 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.

  83. 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?

    • 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.

  84. Kelly

    I was knocked down by a car when I was little and it was a nasty accident that has caused me problems and still does through my adult life since the accident. The accident was a long time ago. I’m guessing that due to the time that has passed since the accident that I won’t be able to make a claim anymore? Is it too late for me? If I could still make a claim, I would be happy to, but I think that I am too late.

    • Ian Morris

      In cases where a child is injured and wishes to make a claim, their claim limitation period (how long you have to make a claim) stretches beyond the usual 3 year period, and will instead expire when the individual reaches 21 years of age.

      Therefore in your case if you are younger than 21, you could still make a claim. However, if you are now over that age you are unable to pursue any action.

  85. Natalie

    Hi, I was injured in June 2019 and suffered a sprained hip. I have had 6 months of physio and still suffer pain. The medical doctor I saw recommended a MRI if after 6 months I’m still getting pain ( which I am) my question is; As it had been 6 months now after the accident if the MRI shows up clear will that be detrimental to my claim ? Thanks Natalie

    • Ian Morris

      If the MRI scan returns a clear report, your Doctor will discuss whether there is anything else that they can do, whether the injury has recovered or if the condition is not something a scan can show.

      A clear scan will not damage your claim, but it could impact on the extent of any settlement.

  86. Linda

    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

    • 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.

  87. 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?

    • 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.

  88. Maria

    Hi just over 3 years ago I tripped over a rug in a garden center pushing a trolley. As a result I ended up damaging my scaphoid ligament. I ended up having to have major surgery to replace the ligament. I’m now facing more surgery to either remove 3 bones or complete wrist fusion dependant on MRI results. I’m going to be facing having to completely change career as I work with horses. Complete loss of income. Do I have a claim?

    • Ian Morris

      If you have not pursued a claim already, the 3 year issue will now prevent you from being able to make a claim (unless you are under the age of 21). UK law requires all claimants to take action and pursue their claim within 3 years of the date of their accident. Once the 3rd anniversary of the accident has passed, a claimant is statute barred and cannot take action.

  89. Stuart

    Dear Ian
    I had an industrial accident when I was about 20 year’s old getting crushed by a paper real. I’m 46 now and been disabled for 3 and half years and can’t work anymore. I have developed fibromyalgia/ depression and anxiety. Due to this?
    Is there anything I can do to claim again? I was awarded 15k for an accident that has now made me like this?
    Kind regards
    Stuart Whibley

    • Ian Morris

      Sadly, despite the obvious link between the accident you had 25 years ago and the symptoms/problems you now have, you cannot make a claim directly for the injuries as the claim you settled previously would make it impossible to return for further damages.

      You may however, be entitled to industrial disablement benefits or other benefits due to your disability. You should contact your local Citizens Advice Bureau or benefits office to discuss this further.

  90. 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?

    • 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).

      We would be happy to help you make your road traffic accident compensation claim. Please call us on 01225430285 or use our ‘start a claim’ form to get the ball rolling.

  91. 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?

    • 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?

      • 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 ( sounds very ethical !! ) I’m trying to claim for four years loss of earnings ,but they told me I’d be lucky to get two , general damages they said are worth £12k, despite the injury leaving me disabled and unable to work ,apparently this also includes pain and suffering ,loss of amenity, and the other injuries I sustained in the crash. , neck/ whiplash , left shoulder, hip, back and wrists. To get this figure he just pointed at the shoulder section in tjhe judicial college compensation book and said that was it , I was given to believe that this figure was a starting point not set in stone. I don’t think the eggshell skull rule is a moot point it’s there to prevent people with an underlying problem being treated any differently to an able bodied person if they were involved in an identical crash which caused the same injury
        It’s clear to me that the solicitors are not pushing my case for maximum compensation but deliberately undervaluing the claim just to get it through .

        • 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.

  92. Dawn

    Hi Ian,

    I’m absolutely devastated that my case has collasped 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’ve had 2 accidents at my work. The first was in March 2018 and again in summer 2018. Both accidents were not my fault and I had no training and no assessments. My job was very hard and physical. My ex boss has admitted liability subject too causation for both accidents. He denied both accidents happened or were reported and on both counts was proved by emails that I did. I didn’t know I had fractured my back after the first incident until June. When I visited the docs and hospital I really didn’t know how I had done it as I had back pain for some time and may have fell some time back as stated to them but I wasn’t sure if this was the problem or if the accident made it worse. My boss knew about the accident and intimidated me into not saying I had an accident so I did as I was told. The conditions we worked in was a bullying environment. After the 1st accident I asked my boss for help as I was struggling. He did nothing apart from laugh. He even increased the work by insisting I drive a larger van and collect heavy items weighting more than I could lift. Within 4 months i had another lifting accident in front of other staff. I was in agony with another back/spine injury and signed off work by my doctor for a week. Within 4 weeks he fired me whilst off sick. I took it to a tribunal and he settled out of court. Over the last 16 months i have had one surgery, been taking large amounts of liquid and slow release morphine. I was given antidepressants and had therapy as I’m now depressed, have anxiety and have not slept with the pain. I am now waiting for confirmed spinal fusion which may or may not work. I have nerve damage in my right leg and ankle which again the surgeon has said may never heal as my injuries have been left for so long. I now have to use a wheelchair to be mobile but have spent the last 16 months in bed. I’m petrified I will never work again. 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. This is not true like I stated I have had some back ache but more so since I started doing this job. My solicitors only took my statement 7 months after the accident and I’ve not known what day it is with the constant pain and being drugged up on morphine. They haven’t arranged any medical assessment and to be truthful I’ve felt unsupported and just another case. We had a meeting with a barrister and he said I was fundermental dishonestly due to me saying I’ve had the injuries for ages. They are true. I just told the solicitor I said them to protect my job instead of saying they were from the accident. They said only 50% chance of winning. They have now asked for £150k settlement from the insurers which they told me is a fraction of what it should be. I’m so tired of everything and being injured for over 22 months in total. I’m not even sure I will ever be able to work again. I’m devasted. No statements or medical records have yet been sent over to the insurers. I’m just so scared and unsure what to do. I lied to the solicitors because I thought they wouldn’t help me and I know that was so stupid. My boss who had no health and safety and has by no fault of my own now put me in a wheelchair. I just don’t know what to do. I’ve ruined everything. Is there any advice at all? I’ve always been so honest all my life and this is a mess. My future will now be reliant on family and disability benefits potentially for the rest if my life.

    • 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.

  93. 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.

    • 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.

  94. Natalie

    Hi I fell on an ungritted pathway on my way into school (work) 7 years ago. Had my elbow manipulated back into place, got sent to physio the day after my physio ended my elbow slipped out! I ended up being 6 months off work, after persuasion I put in a claim which was paid out. My elbow has dislocated again 3 years on. I’ve been off 4 and a half months, the specialist is now saying I will never be able to straighten my arm again. Am I still entitled to go back and sue as you can imagine this has proved to be even more debilitating.
    Thanks Nat

    • Ian Morris

      You can’t return to any claim made for the injury sustained 7 years ago. You could however, look at making a claim for the recent dislocation of the elbow – if that was caused by an act of negligence.

  95. 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?

    • 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.

  96. Michelle

    Hi Ian many thanks for your reply regarding a claim including gratuitous care for family helping after my accident.( I can’t find my original question on this site and the link didn’t take me to it) It helped me immensely in understanding the issue.
    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( he lives 10 miles away)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

    • 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.

  97. 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.“
    The solicitor was one that the defendants chose as they said it would simplify everything for me, but I’m feeling that he’s not on my side. Is there a chance that care can be refused based on the fact it was family that helped as they did have to help more than usual after the accident.
    Also I’ve been sent a part 36 via email that has the wrong court quoted on it, no timescale quoted and sections 2 and 3 have not been filled in either. Is this a valid part 36?

    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 had 12 case handlers in this time, some not even informing they had left and I was waiting weeks as I was emailing someone not even in attendance at the office. 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

    • 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.

      • 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.

        • 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.

          • 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.

          • 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.

  98. 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.

    • 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.

  99. Andrew

    I had an injury from a fall 12yrs ago and made a successful claim , it was settled on a full and final basis . Recently I have been diagnosed with Ménière’s disease and the drs say it was down to my previous accident, is there any circumstance I can make another claim ?

    • Ian Morris

      Sadly, the reality is that there is unlikely to be any way of having the newly diagnosed condition considered by the previous defendant as they will be seen to have dealt with their liability in settling your claim on the basis of medical evidence provided at the time.

  100. 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.

    • 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.

  101. Kerry

    I am in the same situation but my partner has life changing problems through brain injury. Why can’t I claim again .

    • Ian Morris

      If a claim has already been dealt with and a settlement agreed, a claimant cannot return to seek further damages at a later stage.

  102. Mark

    Hi I had a road traffic accident in 2010 the other person accepted liability and it was settled it’s now 10 years later and I am still suffering with problems as a result of the injuries I suffered I was wondering can I make a claim for on going problems?

    • Ian Morris

      Unless you are younger than 21 years of age, you cannot now seek to make a claim as more than 3 years has passed since the incident in which you were injured. Therefore you are statute barred and can’t take action.

  103. Yemi

    I had an accident at the train station stairs in 2009 which wasn’t my fault. I was rushed to the hospital and later on crutches for 5 months. I didn’t claim that time but the station wrote to me that if I want to claim I should. I was in pains that I dont have time for the stress. The issue now is that I still suffer severe pains till date. I can’t do without painkillers everyday to sleep. I have been dangling my leg ever since the incident. Recently I have been in and out of hospital, undergoing physiotherapy at the moment and also awaiting to take the steroids injection to reduce the pain. I want to know if I can still claim on it because it is 10 years now.

    • Ian Morris

      You cannot make a claim as you have allowed more than 3 years from the date of the accident to pass. Therefore the law prevents you from taking action.

  104. 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.

    • 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.

  105. gary

    i had an accident at work in 2004. i’ve had numerous surgery and treatments over the years.
    it’s gradually get worse and i have another surgery in 2 weeks time.
    Can i put in a claim as it’s so bad now ?

    • Ian Morris

      You are out of limitation and barred from taking action. Unfortunately, a claim MUST be made within 3 years of the date of the injury.

  106. 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?

    • 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.

      • John

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

        • 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.

  107. 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

    • 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.

  108. 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 ?

    • 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.

  109. Enver

    Hi I had accident in 2001 when the bus went through the red light and hit me and I had a broken hand and had other injuries. I was 32 years old.
    I claimed compensation from the other side who admitted the fault and I received some compensation. Shortly after that my physical situation started to get worse and began developing the symptoms of Parkinsons disease.

    I wonder if I could maybe reconsider the claim again or it’s is to late?

    • Ian Morris

      Unfortunately you can’t return to this claim again. Whatever settlement you accepted would have been a full and final settlement and as such, the claim has already been finalised.

  110. Andy

    A double glazed window fell out of the frame onto my shoulder whilst holding my 1 year old son. This was whilst I got the keys to move into the flat. Council have admitted liability for my soft tissue damage of my shoulder however the whole accident has caused me to suffer with severe anxiety and panic disorder they have not included that on the settlement as I’ve had a history of anxiety From the past. I haven’t suffered anxiety for 10 years now as I had therapy to help but the anxiety I feel now is due to the accident and the fact that if the window landed on my child or my head it would have been fatal. I fear my children being near windows. Is it fair for them to assume my anxiety is still from the past? Thank you

    • Ian Morris

      It may be reasonable for the defendant to apportion an element of your anxiety to your previous medical history and class it as a ‘pre-existing condition. However, it should also be possible to claim an element of damages for the exacerbation of the condition and for the fact that it has been brought back to the fore.

      Of course, you would need to provide medical evidence to confirm the fact that you had been 10 years free of symptoms and that you have sought medical attention for the return of the anxiety since this incident.

      Do you have Solicitor acting for you in this matter? If so, you should discuss this issue with them. If you don’t yet have a Solicitor, you may wish to consider instructing a Solicitor to take this forward for you.

  111. Sarah

    My daughter had a crushed toe injury under a fire door at an indoor play centre in October 2016 (she is 10 now), she now has a deformed big toe, and possibly needing surgery. Am I able to claim against the company, as the initial injury was 3 years ago. Her toe has obviously grow, and she now has a severe deformity to her big toe

    • Ian Morris

      Children have a claim limitation period that exceeds that afforded to those aged 18 years or over at the time of their accident or injury. In your daughters case, she cam pursue a claim for the injury in October 2016 up and until her 21st Birthday, therefore, she is well within claim limitation.

      To pursue a claim that is more ‘historical’ in terms of accident date, it can be harder but the right remains to pursue such action. If the incident was properly reported and recorded at the time and medical attention was sought, then the correct evidence should remain available to help with any claim.

      If you would like help making a claim for your daughter in this matter, please call us on 01225430285 we can call you when you are available if you prefer.

  112. 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?

    • 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.

  113. Michael

    They have admitted liability..

    • Ian Morris

      If liability has been admitted, that puts you in a strong position and it should now simply be a case of reaching an agreed settlement with regards to the level of compensation for your injuries and losses caused in the incident in which you were injured.

  114. 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 rollershutters, 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.

    • 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.

  115. Rob

    I had an accident at work seven years ago where I was knocked from a ladder. I fell and fractured my hip in four places. I had surgery to place hip screws the same night. I was advised that the screws had to stay in for two years and that I could not to return to my job until they were removed.

    During that time, I was only receiving limited pay and was getting absence warnings from work. The employer admitted liability straight away but I could only return for short hours and I receiving half pay or less. I eventually became bankrupt, so most of the money I received from the claim I made was taken by the insolvency dept.

    I am now getting arthritis in my leg and terrible back pain due to losing leg length on the injured leg. I was just wondering if I can make a new claim?

    • Ian Morris

      Unfortunately, you cannot now make a 2nd or new claim for the worsening of your injuries – despite the clear severity of them and the impact that they will have on your entire future.

      With regards to your settlement being taken by the Insolvency practitioners that handled your bankruptcy, were you given any advice on that issue at the time and with your claim, was your loss of income recovered in full? These are issues you should discuss with the practitioner and your Solicitor.

  116. 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.

    • 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.

      • 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.

        • 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?


    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?

    • 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.

  118. Brian

    I may of had COPD as an existing health problem but never had any problems or knowledge i may of had it. I was moved to a position within my work place that involves painting metal parts. I was given the wrong PPE which has resulted in aggravating this condition, which has resulted in diagnosis of this condition, and now I have to use inhalers. Can i claim for injuries sustained at work?

    • Ian Morris

      This is certainly a matter we can look in to for you given the error on the part of your employer with regards to the provision of incorrect PPE.

      Please use our ‘start a claim‘ service to make further contact with us and our team will be able to help you understand your options and discuss how our Solicitors may be able to help you.

  119. Sheila

    I had cosmetic surgery on my neck about 2 years ago, it was plasma treatment, it went terribly wrong i ended up with 2nd degree burns on my neck, had hospital treatment. I got a solicitor on to it , who told me a potential pay out could be £25.000 plus. But the burn healed eventually because of that i was awarded £2.000 i felt pressured into accepting it. The thing is my neck is now so wrinkled a 100% worse than before i had the treatment, and i do blame it on the plasma treatment i had, can i reopen the claim / case?

    • Ian Morris

      It is likely to be impossible to reopen the case against the cosmetic surgery provider or their insurers as in their view (and rightly), they have now settled the case.

      You may have grounds to pursue a claim against your previous Solicitor for professional negligence, but that is far from certain. You should make a formal complaint to your Solicitor regarding your perception of being pressured in to accepting the offer of £2,000 and that you believe that they have failed to properly account for the damage caused to you by the negligence. Once that is done, depending on the outcome of the complaint, you could look for a professional negligence Solicitor to pursue action against your former Solicitor.

  120. J

    I fell at work on a wet floor 2015/16 and although x-ray showed nothing broken I have had problems with my wrist every since, and had a few bouts of physiotherapy. The pain and pronunciation of the bone on my wrist is becoming worse with general activity. Can I claim anything as this is troubling me now and will inevitably get worse if it has developed arthritis. This is also my dominant hand.

    • Ian Morris

      In the UK you must make a claim for personal injury within 3 years of the date of an accident. If the 3rd anniversary of the accident date passes without the claim having been registered, the claimant no longer has a right to take action and is statute barred from pursuing a claim for compensation.

      • J

        It was exactly 4 years ago to the day.

        • Ian Morris

          Under UK law, if you are older than 21 years of age you are now statute barred given that 4 years has passed since the accident.

  121. Pat

    Hi Ian
    Thank you for answering my question. Yes I have an ongoing case and the 6 months acceleration was on the report of the medical expert.
    I just don’t know what that means. Would I of started having problems within 6 months or would I be at the place of having surgery by then.
    I was in a state of shock having to have such major surgery and if I haven’t had the accident which wasn’t my fault, I could have taken advice from my doctor on how to delay surgery by physio, medication or injections etc. I could of prepared myself mentally and physically, also my employers as I have been off work for 14 months rather than been catapulted into theatre so to speak. I am just exhausted trying to recover with this going on in the background as I’m forever chasing insurance company.

    • Ian Morris

      Without having read the medical report, it is of course hard to be certain of the meaning. Most likely, the report indicates that you would have, at some point developed problems in the injured area through age related degeneration and that the injury simply meant that your symptoms of age related issues would start 6 months earlier than otherwise.

  122. 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.

    • Ian Morris

      Are you being represented by a specialist Solicitor in making a claim for compensation for the injuries you sustained in the accident at work? If so, 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.

  123. Terri

    Just a query, when I was around 10 years old I was taken to hospital with a stab wound. A young boy had thrown a knife and it went straight through my foot, missed anything significant luckily but it was very traumatic and there was blood every where. They stitched it up, and it’s healed well.

    I’m not sure whether the police were called or if my dad at the time just left it.

    It’s over 15 years ago now, just wondering would this be worth bringing up or should I forget it?
    I can’t be sure how old I was really.

    • Ian Morris

      Sadly we feel that there is now no benefit in further investigating the matter you have described. Unfortunately, too much time has now passed.

  124. 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?

    • 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.

      • Aron

        Thanks for the information

        • 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.

  125. Kayleigh

    I had an accident at work at my old job and hurt my back. I was signed off and still suffer now with back pain. I tried to claim but wasn’t approved. Can I try and claim again?

    • Ian Morris

      Before we can say whether or not you can make a claim, we’ll need to know when you were injured and how? Your injury would need to have happened within the past 3 years and been caused by the negligence of your employer or a colleague.

  126. 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.

    • 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.

  127. Triona Feeney

    I injured my right shoulder in a fall at a health spa 12 years ago. The claim was settled with full responsibility taken by the spa owners. At that time I was told I could not claim on my own medical insurance for any treatment, scans etc. but that they must be paid for from the settlement. This I did. However 12 years later I have been diagnosed with vascular necrosis in the same shoulder and need a full shoulder replacement. The injury settlement money from 12 years ago is long gone. Can I now, after all this time put in a claim to my medical insurer for this operation? Thank you.

    • Ian Morris

      We would doubt that you would now be able to recover further damages from your insurers but would recommend that you carefully read your policy and cover entitlements and attempt to make a claim directly to them.

  128. 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?

    • 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 claim for any new physical injuries caused in the accident 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.

  129. Nathan

    I’ve had my full settlement in July 2016, i’ve Financed myself in and out of work, up until now October 2019. It came to a point where I can not finance myself without working. I’ve started an agency as a bin man/ loader. Bottom line I still suffering with severe headaches and back pains. I feel cheeky to ask my former solicitors, I’ve prepared meeting and have felt the courage to attend.

    I need help what can I do? & what could you do?

    • Ian Morris

      If you have already settled your claim and accepted a ‘full & final’ settlement in 2016, you cannot seek further compensation from the defendants.

      In this case, despite your ongoing headaches and back pain, there is sadly nothing we could do to assist you.

  130. Margaret

    I am with a solicitor’s firm at the present moment about a work place accident that happened a year ago. I want to change solicitors because they have a paralegal working on the case and I would prefer a solicitor. What happens when you transfer your case to another solicitor’s firm? Does the case start from scratch or do you pick up from where they left off?

    • Ian Morris

      If a new Solicitor were to take over the running of a No Win No Fee claim for personal injury compensation from another firm, the new Solicitor would obtain the previous Solicitors file of papers, review the work undertaken and then commence action on the claim from the point that it has reached to date.

  131. 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?

    • 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.

      Please call us or if you prefer, you can request a call back.

  132. Sarah

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

    • Ian Morris

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

    • Pat

      My car was hit from behind when I was stationary and the driver admitted they were not paying attention at the time. I had lots of soft tissue injuries plus problems with one of my knees. I’ve been off work for over a year and after having an mri my left knee which kept giving way after accident had advanced grade 4 osteoarthritis and a tear in the meniscus.
      The consultant has said the accident has accelerated the knee problem by 6 months.
      Before accident I had no symptoms with my knee. I have had to have full knee replacement surgery which has been a shock for me and the most painful and distressing time.
      My question is does the acceleration of 6 months usually mean the beginning of knee problems or surgery and what can I claim for in this? Thank you Pat.

      • Ian Morris

        Are you being represented by a personal injury Solicitor who specialises in such claims? If not, you should contact us so that we can link you with such an expert.

        What you can or cannot claim for in terms of the acceleration of pre-existing conditions will depend on the outcome of a medical experts report and the prognosis that they reach.

  133. Robert Bennett

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

    • Ian Morris

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

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

  134. Chris

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

    • Ian Morris

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

    • Caryl

      Our mother fell out of her chair while in her carehome that she had been in for 5 years. She broke both her shoulders and became bed bound and consequently had to be moved to a nursing home as they could no longer look after her. She is now permanently disabled as these breaks will not mend. We took no action at the time as we thought social services would investigate. But nothing has happened.

      • Ian Morris

        Assuming you have reported concerns to Social Services (if you have them) regarding the level of care that your Mother received, you should follow this up with Social Services so that they can investigate.

        In terms of making a claim for compensation, the issue here could be that it is very hard to prove negligence as the defendants may allege that your Mother simply tipped out of the chair.

  135. Naomi

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

    • Ian Morris

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

      • Shaju

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

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

        Am I eligible to make a claim?

        • Ian Morris

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

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

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

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

  136. 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.

    • 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.

  137. Joey

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

    • Ian Morris

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

  138. Nicol

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

    • Ian Morris

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

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

  139. Leroy

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

    • Ian Morris

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

  140. Claire

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

    • Ian Morris

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

  141. Samantha

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

    • Ian Morris

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

  142. Caroline

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

    • Ian Morris

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

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

      • Caroline

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

        • Ian Morris

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

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

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

  143. Stephen

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

    • Ian Morris

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

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

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

  144. Hannah

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

    • Ian Morris

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

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

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

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

  145. Mark Suter

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

    • Ian Morris

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

  146. angela

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

    • Ian Morris

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

  147. David

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

    • Ian Morris

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

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

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

  148. Yeliz

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

    • Ian Morris

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

  149. Kerensa

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

    • Ian Morris

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

  150. Deborah

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

    • Ian Morris

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

  151. 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?

    • 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.

  152. 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.

    • 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.

  153. Faye


    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?

    • 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.

  154. Terence Fowkes

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

    • Ian Morris

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

  155. scott

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

    • Ian Morris

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

  156. 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

    • 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.

  157. Tara

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

    • Ian Morris

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

  158. 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.

    • 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.

      • Tracey

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

        • Ian Morris

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

  159. Amanda

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

    • Ian Morris

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

  160. 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?

    • 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.

  161. Robert

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

    • Ian Morris

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

  162. Irene

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

    • Ian Morris

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

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

  163. 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?

    • 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.

  164. Mary

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

    • Ian Morris

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

  165. Simon

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

    • Ian Morris

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

  166. Sabrina

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

    • Ian Morris

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

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

  167. 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?

    • 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.

  168. 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?

    • Ian Morris

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

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

  169. 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.

    • Ian Morris

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

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

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

  170. 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 its nothing to do with the injury i had ? can they get away with this and i have no claim ?

    • 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.

      • Andy

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

  171. 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?

    • 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.

  172. Susan

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

    • Ian Morris

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

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

  173. Serena

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

    • Ian Morris

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

  174. Charlie

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

    • Ian Morris

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

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

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

  175. 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?

    • 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.

  176. Kyle

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

    • Ian Morris

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

  177. Clive

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

    • Ian Morris

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

      • Clive

        Appreciate your time, it was worth the chance.

  178. Alex

    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?

    • 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.

  179. Simon

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

    • 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.

  180. Richard

    Had accident in 2015, could i still claim?

    • Ian Morris

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

  181. Clive

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

    • Ian Morris

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

      • Clive

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

  182. Sharon broadie

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

    • Ian Morris

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

  183. Garry

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

    • Ian Morris

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

  184. 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.

    • 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.

      • John

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

        • Michelle

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

          • Ian Morris

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

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

          • Michelle

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

  185. 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?

    • 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.

  186. lee

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

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

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

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

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

    • 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?

  187. Gavin

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

    • Ian Morris

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

  188. 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.

    • 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.

  189. Eric

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

    • Ian Morris

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

  190. Paul

    Do you do no win no fee?

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

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

    • Ian Morris

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

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

  191. Christopher

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

    • Ian Morris

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

  192. Liza Double

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

    • Ian Morris

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

  193. 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.

    • 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.

  194. james

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

  195. james

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

    • Ian Morris

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

  196. Rob


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

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

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

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

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

    Kindest regards


    • Ian Morris

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

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

  197. Carley

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

    • Ian Morris

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

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

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

  198. 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.

    • 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.

  199. 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.

    • 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.

  200. 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?

    • 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.

  201. Sandra

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

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

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

    Is it possible to pursue this matter further?

    Thank you

    • Ian Morris

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

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

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

  202. Gary

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

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

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

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

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

    • Ian Morris

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

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

  203. Harrison

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

    • Ian Morris

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

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

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

  204. Jodie wadsworth

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

    • Ian Morris

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

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

  205. 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?

    • 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.

  206. Yanis

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

    • Ian Morris

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

  207. 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?

    • 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.

  208. 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?

    • 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.

  209. Rene

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

    • Ian Morris

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

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

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

  210. Ian

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

    • Ian Morris

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

  211. dawn barrett

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

    • Ian Morris

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

  212. Cli

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

  213. Peter mccartin

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

    • Ian Morris

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

  214. 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?


    • 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.

  215. 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.

    • 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.

      • Audrey

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

  216. Stephen Wright

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

    • Ian Morris

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

  217. Stace

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

    • Ian Morris

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

  218. 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?

    • 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.

  219. John

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

    • Ian Morris

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

  220. Munir Khan

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

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

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

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

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

    • Ian Morris

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

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

  221. Lee williams

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

    • Ian Morris

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

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

  222. Ryan


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

    Is there anything I can do?

    • Ian Morris

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

  223. Joanne Kennedy

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

  224. Jennifer

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

    • Ian Morris

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

  225. 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?

    • 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.

  226. 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

    • 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.

  227. Brenda

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

    • Ian Morris

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

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

  228. Ric

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

    • 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.

  229. 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?

    • 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.

  230. Neela

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

    • Ian Morris

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

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

  231. sarah

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

    • Ian Morris

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

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

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

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

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

  232. 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.

    • 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.

  233. Linzi

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

    • Ian Morris

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

      We would be very happy to investigate your claim on a No Win No Fee basis.

  234. aaron ballard

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

    The solicitors have asked for the Dr. to reconsider but he has refused to take my points into consideration. They have said I can pay £700 (out of my final settlement) for a second opinion from a different specialist, but have also advised that it wont be a 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 arranger a final settlement. The solicitors have threatened to close the claim without my permission and I will not receive any payment at all.

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

    • 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.

  235. 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?

    • Ian Morris

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

  236. Lisa

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

    • Ian Morris

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

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

  237. 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?

    • Ian Morris

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

      Our specialist Solicitors often manage claims for people who live with a pre-existing condition but have been caused a worsening of that condition with additional new symptoms (such as a whiplash injury) by a car accident. They can use medical evidence to identify the extent of the worsening of any pre-existing condition alongside the development of any new injuries.

  238. Emma Nichols

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

    • Ian Morris

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

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

  239. 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

    • 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.

  240. 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.

    • 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.

  241. 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?

    • 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.

  242. 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.

    • Ian Morris

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

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

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

      I’d be happy to look in to this further for you.

  243. E Goddard

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

    • 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.

  244. Zoe Ramshaw

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

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

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

    Can i claim or is it a done deal?

    • Ian Morris

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

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

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

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

  245. 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 meIi may not be able to claim for the 15 weeks loss of earnings or the 4 days in hospital because the report says i would have had to have the operation done in the near future anyway.
    Up to the accident I use to bike 12 miles everyday to work without any problem so I cant understand how he has come to this 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?

    • 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?

  246. Birgit

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

    • Ian Morris

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

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

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

      I am sorry to give you disappointing news.

  247. 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?

    • 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.

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

  248. anthony peersley


    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?

    • 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. Of course, the accident must have happened within the last 3 years for you to be able to make a claim.

      Within 5 minutes on the phone, we’d have sufficient information to be able to then instruct one of our specialist car accident compensation solicitors to contact you to pursue this claim for you on a No Win No Fee basis.

      We look forward to hearing from you.

  249. Pearl gray Ayton

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

    • Ian Morris


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

  250. 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.



    • 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.

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

      We look forward to hearing from you.

      • Zoe

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

        That’s really helpful thank you.


        • Ian Morris

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

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

  251. 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.

    • 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.

  252. 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?

    • 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.

  253. Richard

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

    • Ian Morris

      There may be grounds to pursue a claim against your employer if their ‘on call’ system failed to adequately protect your health and safety in the classroom. I would say that the school is likely to mount a defence relating to the fact that the cause of your injury was simply an ‘accident’ where the door handle was ‘accidentally’ knocked in to your back. However, there is still worth in pursuing this further.

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

      I hope that this helps.

  254. Angela white


    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?

    • 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, indeed, I believe we should present this matter to our specialist solicitors. Should you wish for us to do that, please call us on 01225430285 so that we can take this further.

      To answer your point about your rights, I can confirm that you have every right to pursue a claim for compensation against the bus company. This right allows you to discuss the matter with a personal injury solicitor and if they are of the view that the specifics of your accident give sufficient prospects of success, they will then enter in to a claim on a Conditional Fee Agreement (No Win No Fee) basis. This would mean that you would not have responsibility for the costs of the claim should it fail. You would however, have to contribute up to 25% of your compensation settlement towards the costs of the claim if you were successful.

  255. Michala Gilfoyle

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

    • Ian Morris

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

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

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

      Please call us on 01225430285. In just a few minutes we can take the details we need to then link you with the right specialist car accident injury solicitor and get your claim up and running.

  256. Clive Bradshaw

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

    • Ian Morris


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

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

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

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

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

      Yours sincerely


  257. 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?

    • 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.

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

      Yours sincerely


  258. Eric


    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?

    • Ian Morris


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

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

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

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

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

      Yours sincerely

      Ian Morris

  259. 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.

    • Ian Morris


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

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

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

      We look forward to hearing from you.



  260. Elizabeth Gordon


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



    • Ian Morris


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

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

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

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

      I look forward to hearing from you.

  261. Afaya Syed

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

    • Ian Morris

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

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