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Can an accident claim be rejected because stated date was in correct by 1 day.

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  • Can an accident claim be rejected because stated date was in correct by 1 day.

    In September 2023, I made a civil claim against my employer because I slipped on a slippery floor which damaged my knee quite badly.The accident had taken placed around 34 months prior to the claim date.The reason for the delay was that I was afraid my employer would hold it against me for making the claim.The Union solicitor told me that would have to protect the claim by issuing it to the court because there was less than 2 months before time ran out on the claim.Because of the urgency getting the claim to court, I couldn't wait for a copy of the accident report from my employer so I filled out a claim form from the Union solicitor on the facts that I believed to be true.Today,however the Union solicitor said for the following reasons they could not now proceed with my claim; i) The precise date of the accident was actually 1 day later than I had written.ii) On my accident report I had stated I had injured my knee and back but on the claim form I had just stated I had injured my knee ( this was because my back injury cleared up a few days after the accident and I had forgot about it.
    Is the foregoing fatal to my claim.I have read if it is a genuine mistake the judge has a discretion to allow it in.
    I would be most grateful for any help.
    Tags: None

  • #2
    The union solicitor is your solicitor so surely they will advise you how to amend the date?
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      You are entitled to ask why these issues have led to this decision. You could raise this with union officers and ask them to take this up.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment

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