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Legal Advice Please


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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.

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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 by ewerk
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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.

 

 

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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! :razz:

 

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).

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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! :razz:

 

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 ;)

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