RTA 17 years ago

#1 2011-06-02 19:32:12
sazmo

Guest

RTA 17 years ago

Hi, this is probably a reall stupid question, but may as well ask.
I was involved in an RTA in 1994, i had injury to my shoulder and knee which required physio and was told i had sustained a mal-tracking kneecap. The doctors i saw after the accident sent reports to the legal teams sorting out the injury compensation and a figure was agreed 2 years later.  The problem i have is that ever since the accident i've had severe problems with my knee and have now after all this time been sent for an MRI scan, which shows that I have had long term damage to my posterior cruciate ligament and also the tendons and they agree the only way this has occured was from the crash, but as I wasn't given an MRI at the time it was missed. 
Have i got a case to go back to the lawyers?  the settlement given to me at the time was based on the fact there were "No long term injuries"
I'm not a greedy person, but should they decide now that i need surgery to repair the damage, it will result in me being off work for quite a long time and as i don't receive sick pay from work, the financial assistance would be helpful.
There probably isn't anything i can do now, but thought i'd ask.

Thanks in advance

Saz

#2 2011-06-06 10:12:03
Tony Carter

Member

Registered:

2011-04-02

Posts: 71

Firsty as you are probably aware, there is a statute of limitation on personal injury claims of three years from date of injury or date of knowledge whichever is the sooner, so in the first instance you are time barred.

Folliwng on from that, you probably signed of the case when you received your compensation as full and final settlement which again works against you.

However, if the ongoing problem is as a result of a mis-diagnosis, then there may be a claim for medical negligence if you have only recently found out that the problems you are experiencing are directly attributable to the original accident.

To prove a medical negligence claim, you would have to establish that the actions of the medical people were unreasonable and given the passage of time and how medical practice has moved on, this may be difficult.

I understand your frustration as I had a bad accident on a Police bike many years ago, my case was settled very quickly (long before I worked in persoonal injury law) and because of mis-diagnosis, my claim was undervalued by around Â?250,000 (for reasons which will take far too long to explain here) but because I signed full and final settlement, I was unable to go back later, and too much time had passed to make a clin neg claim.

It may be worth you speaking to a medical negligence specialist solicitor, but don't hold your breath

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#3 2011-12-23 09:04:39
NoWinNoFee

Member

Registered:

2011-10-25

Posts: 27

I agree it has been maybe way to long for you to have a claim. To be sure though I would consult with some solicitors that have experience with Medical Negligence claims like Tony is telling you to do.

Free Guide to No Win No Fee Accident Claims, Injury Claims and Top Solicitor Reviews.

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