Reopening a compensation claim?

flopstocks

Back in 2001 I was involved in a serious car accident, where amongst other injuries was right femur was broken in 3 places, and my left humerus was shattered. These were both pinned and being the innocent party I received £19250 compensation in full and final settlement.

Now 12 years later I am having issues with my right hip, and now require another operation where I will be on crutches for 6 - 8 weeks. Personally I now feel that the £19250 it not enough to account from the troubles I am now having.

Do I have a case to apply for increased compensation?

Thanks in advance

antrobus

flopstocks wrote: »

.. I received £19250 compensation in full and final settlement......

I believe that 'full and final' means full and final.

McKneff

It certainly does, Antrobus.

flopstocks

That's what I feared. However when we settled I had no hip troubles and there was never any mention of them in the future , and I now have to go though a fairly serious operation to correct things.

McKneff

It is possible though that the trouble with your hips could have happened anyway.

flopstocks

No the trouble is from the accident, the doctor confirmed it today. Excess bone needs to be removed, this has formed as a result of my injuries from the accident. My other hip joint is fine, no problems.

rs65

Injury claims become time barred after 3 years.

flopstocks

It's not looking good then

BertTheRaccoon

Get proper legal advice, not from armchair bloggers on here.

Yes the limitation act generally allows for 3 years from the date of injury, but it is also relevant to 3 years from the "date of knowledge". You only knew about the more recent problem in recent time. Not only that but "full & final settlement" can be argued around, although it is far from easy and competent and experienced representation is needed, no insurance appointed factory firm cowboys.

If you suffered a head injury and some whiplash and accepted say a £2k settlement "in full & final settlement" after getting a medical report and on legal advice and then a brain injury became apparent 6 months later turning you into a cabbage, i'm sure that the full & final settlement would be successfully argued around.

Life will be made easier if you still have any of the medico-legal reports from the claim 12 years ago as the law firm that represented you probably won't have them any more, nor may the compensating insurers.

dacouch

McKneff wrote: »

It is possible though that the trouble with your hips could have happened anyway.

As a great Columbian philosopher would say, the hips don't lie

flopstocks

Yes I have all the paperwork here, is it worth contacting my original solicitors first and see what they say?