Legal Advice Please

[trophyshy 7083]

10 years ago I was the innocent victim of a serious car crash which gave me a severe long term whiplash injury, the effects and impact of this were not predictable at the time but now with hindsight I can see the number of major ways in which it has affected my life, some of them being;

 

unable to sit and work at computers for long periods - precluding me from a regular office job

given up scuba diving - I trained to become an instructor, can't do that for a living.

unable to do anything involving looking down for long perions (i.e. cooking)

trouble sleeping - I need a specialist pillow and struggle to sleep in beds which are not my own.

There are loads of activities I just can't won't do as they are too high risk, rollercoasters being an obvious example.

I often drink to manage the pain, which has its own problems.

I use cannabis to manage the pain which is illegal.

 

 

I have episodes where I am essentially bed ridden as I am in so much pain I cannot function.

I spend £40 a month, sometimes £40 a fortnight, on private osteopathic care to try and manage this.

I have seen numerous consultants and the verdict is I have to live with this and just try and manage it through posture control and strong painkillers when it is bad. I have a repeat prescription for codeine and diazepam. These do take the pain away but also turn me into a zombie. My life is constantly thinking about my posture.

The last specialist I went to see X-rayed my neck and it actually bends ever so slightly the wrong way, her advice was it can't be corrected and I will have this problem for life and it will likely get worse. I'm 39.

 

This accident occurred a year before my wife died, and after her death I went travelling (making building the medical case much more complicated as I was being assessed overseas etc) and this injury, in the scheme of things, was pretty trivial at the time. About 3 years after the incident I just wanted the protracted case closed and so accepted a settlement of around £3.5k. I think my junior lawyer was fucking useless, fwiw.

 

I have already spent that on treatment, and who knows the value of what I have had to give up because of this. As stated at the start, I had no idea how this injury would impact my life long term.

 

Anyway the question being; it is my understanding that once you have settled these things can not be reopened, but can anyone else confirm this? I have since learned that severe whiplash injuries can command settlements more life 40-60k which is probably close to what I will spend in my lifetime on treatment for this. It enrages my to say the least that I am out of pocket, have a reduced quality of life and opportunities through no fault of my own.

 

Thanks in advance for any advice.

[ewerk 30682]

I think you're fucked, the matter was settled when you accepted the £3.5k. You can't go back for more now that the injury has turned out to be more severe than initially thought afaia.

 

Edit: Also, there's a time limit of 6 years on Tort claims.

Edited October 11, 2011 by ewerk

[Kid Dynamite 7034]

I'm not doubting your injury but I think you have two hopes of trying to claim cash from a settled case that occurred a decade ago!

[Gemmill 44996]

I don't know much about them, and I gather there's an element of alternative medicine to it, but have you seen an osteopath? I know of two no-nonsense people who had chronic back pain and had some relief from seeing an osteopath.

 

Renton will go daft if he sees this though.

 

 

[trophyshy 7083]

I don't know much about them, and I gather there's an element of alternative medicine to it, but have you seen an osteopath? I know of two no-nonsense people who had chronic back pain and had some relief from seeing an osteopath.

 

Renton will go daft if he sees this though.

 

Quality reading skillz there lad!

 

Aye, see an osteopath once a month. One of the best in the business, he's worked on Elton John, Kenny Everett and various other celebs (this is Brighton after all).

[Gemmill 44996]

I did read it as well. In that case Renton will be along shortly with some pills for you.

[Kid Dynamite 7034]

I don't know much about them, and I gather there's an element of alternative medicine to it, but have you seen an osteopath? I know of two no-nonsense people who had chronic back pain and had some relief from seeing an osteopath.

 

Renton will go daft if he sees this though.

 

Quality reading skillz there lad!

 

Aye, see an osteopath once a month. One of the best in the business, he's worked on Elton John, Kenny Everett and various other celebs (this is Brighton after all).

 

Hom only practice is it

[trophyshy 7083]

Hard to get pure hetero anything down here, you'd hate it.

 

Anyway I don't want medical advice before Rents and Luke and all the others hoy there oars in, seeking legal confirmation that I'm stymied.

 

Ewerk that's what I figure too. Bunch of arse.

[Lazarus 0]

maybe try speaking to one of those no win no fee solicitors and see what they say