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old compensation claims

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  • old compensation claims

    I HAVE A QUESTION IF ANYONE COULD HELP ME WITH ,ITS A BIT OF A LONG SHOT AND A BIT DRAWN OUT BUT IL EXPLAIN IT FROM THE START TO GIVE EVERYONE THE FULL STORY .
    i was hit in the eye with a golf ball while working on the course driving a tractor in 2001 , the employers were aware that the tractor had no protection as in windscreen because a fortnight before the screen was put out by a golf ball when i was driving the same tractor .on the day of my accident a asked for the tenth time can some mesh or something be placed in to replace the screen ,they repeatedly and said they were on it.i drove down the tenth fairway to be met by a party of three golfers who by the course rules suppose to give way to any staff how ever they did not and the first guy took his shot with a driver which hit me in the eye then carried on to break the side window.i stumbled to the green-keepers cabin around 1000 meters from where i was ,he sat me down and inspected my eye and his words were go on soft lad you only have a black eye (my head was spinning around at the time ,i was seeing colors and doubles ),i insisted i needed hospital treatment but he said ( the green-keeper at the time) we are far to rushed for time and behind you will have to go their your self .my eye was totally closed by now and my head felt like it was splitting in two ,i felt sick and delirious however in my own mind i new i needed hospital treatment .i set off in my fathers yellow vw derby ,in was a boiling hot day and i was struggling to focus on the road ,on the way to hospital i had to stop 3 times to vomit .when i arrived i booked in at the desk ,they told me to take a seat ,after 90 mins i could not take the pain another minute and felt claustrophobic ,i had to get out so i got back in the car and drove home crying like a baby all the way back to my parents house (even writing this brings it back and fills me up),i walked in met by my father he was screaming whats happened son whats happened,i could not explain for crying ,after a while he got the jist of what had happened and immediately phoned the hospital with some lets say strong words but apparently as soon as the doctor had received the paper work for me she had reprimanded the desk staff for not rushing me through as an emergency and they had porters out looking for me (25 years later and im bubbling ,every sentence i write feels like that day)(sad but true).they asked my father to take me straight to Sunderland eye infirmary ,where i was told it was 50/50 if my sight in my right eye could be saved ,it was hemorrhaging inside creating masses amounts of pressure in my eye . it took two weeks of constant medication and tests to eventually stabilize my eye.i left hospital traumatized by the events of the past weeks .after a couple of days my sight went again and i had to return to the ward for another week possibly ten days .the got it stabilized again and said my pupil would never react to light again leaving me with future eye problems ,headaches every summer since,fading sight year after year and the pain on my right side of my face (mainly in the summer) kills me .i was diagnosed with pdsd and i went in to a shell for years later .since that day i have never been the same person (the citizens advice lady actually asked my permission if the could right an article about my accident as i was one of the first to be diagnosed with pdsd ). i tried to go back to work but could not handle the environment and fell on the sick for years .my solicitor at the time was part of a firm in Sunderland called """""" """" and co ,her name was Morag. we went through a three year case where she advised me to take the first offer of £14000 to walk away with ,my father suggested this was a disgrace for the suffering a was going through ,she said it was a good offer and her advice was to take it . i refused this only to be met by another offer almost straight away from her of £26000 to walk away with ,again my father suggested it was mere pocket money but she advice that the case was worth no more and she thought if i went to court i would almost certainly get a lot less if not lose everything with costs ,at the time i was on £16 per week hardship money from the dhss and i was terrified by what she told me so against my fathers wishes accepted the offer but now looking back i can see that i should of had a substantial life changing amount of money and not pocket money like my late father said it was.i cant count the amount of times i have thought it was a miscarriage of justice how i was settled and always believed their was nothing i could do about until i saw an advert on the TV a week or so ago about people who were wrongly advised in compensation claims stretching back 20 years or more may be able to reclaim .this is my question can i reclaim and if possible how to go about it ?
    again thankyou for any advice or replies given
    Tags: None

  • #2
    Re: old compensation claims

    hi sorry everyone it was 1990 not 2001

    Comment


    • #3
      Re: old compensation claims

      I'm sorry to say I think you will find that your claim against the solicitors for negligent advice is now time barred.
      There is a special time limit of 3 years from the date of knowledge for claims in tortwhere facts relevant to the cause of action are not known at the date of accrual of thecause of action. This is subject to an overriding time limit of 15 years.

      I don't suppose you can remember any more details about that advert eg name of claims company.
      It would be interesting to see what they were about.

      Comment


      • #4
        Re: old compensation claims

        Richard reed and co, Fredrick st Sunderland, i thought it would be too late i just thought it was worth asking you guys . it really gets to me as i no i got nothing in the way of compensation , my eye is ten times worse now i get loads of memory loss which i don't really no could or could not be a direct result of the accident ,numerous other things as well like stuttering has developed since then ,i seam to no what i want to say but it wont come out and again like i say everything worse in the summer .thanks for your comments all are appreciated .when we cleared my late fathers house he kept every record of the accident including a newspaper clipping of the article the citizens advice wrote on me .does any one else think i should of had more ? or do people think im been bitter and greedy? i wish i new earlier their was a time limit ? for my grand kids mainly .

        Comment


        • #5
          Re: old compensation claims

          or sorry im reading your post again did you mean the advert on TV about the reopening cases ? no but im going to watch out for it again ,it was on around two in the morning and they defiantly said reopening cases stretching back 20 years or more . gutted i did not take more notice IE phone number ,the 20 years stuck in my mind because as soon as compensation is mentioned i always think i was robbed .
          again thanks to any one that takes the time to read or reply

          Comment


          • #6
            Re: old compensation claims

            I don't believe you are being bitter or greedy.
            It is only natural to regret actions/advice which one later discovers to be incorrect, but which has had a massive effect on your life.

            Do keep looking for that advert, or even have a short consultation with a solicitor about this. It is more than possible that there is more up to date advice available and there might just be a loophole to be exploited.
            You will need to search out a solicitor who deals in professional negligence cases.
            Good luck

            Comment


            • #7
              Re: old compensation claims

              Hi everyone again ,i spoke to a solicitor from newcastle today who said that i was barred under the rules however if i only realized within the last six years i may have a chance ,her words were from the date you realized that you were wrongly advised or your payment was too low then you have 6 years to explore it if i can provide a date and i would need all the old case docs which i have including the article the citizens advice lady wrote about me however it was a long shot i they would not take it on as no win no fee in-case we lost as their was a higher chance we would . You would think someone would have the gumption to go for glory as im sure if they won it would make their firm look ""a stand out from the crowd firm and not play it safe firm" because all likability
              was admitted ,i have everything and it was actually misguided advice from them , surely.

              Comment


              • #8
                Re: old compensation claims

                Personally I think the chance of re-opening the case this far away are extraordinarily low.

                I don't think the fact that you may have realised within the last 6 years that you may have settled for a sum which is too low is anywhere near strong enough to depart from the rules and, as des said, given the overall time limit is 15 years, you are 10 years past that point.

                In any event, £28,000 in 1990 is worth about £62k in today's money - the current JSB guideline for damages for the total loss of an eye is £30 - £36k so, on the face of it, the award was not manifestly low.

                Sorry, just trying to be realistic.

                Comment

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