When we think of how serious injury claims start, the image that often springs to mind is of a seriously injured accident victim being transported to a hospital by ambulance, or by air ambulance, in potentially life and death situations. However, this stereotype is not always accurate.
Many serious injury compensation claims in England and Wales do not begin with dramatic or immediately obvious injuries. Sometimes people feel relatively well at first, only to discover weeks or months later that they have suffered a serious injury with long-term consequences.
If the injury was the result of an accident caused by someone else, it’s at this stage that the thought creeps in…
Have I left it too late to claim compensation?
In Wales and England, you have quite a long time in which to bring a personal injury claim, whether it be a serious injury claim or a minor injury claim. There is something called the limitation period, which basically says that you must start a personal injury claim within three years, either from:
- The date of the accident or act of medical negligence that was the cause of your injury or illness,
- Your ‘date of knowledge’ when you knew or ought to have known that:
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- The injury was significant
- The injury was due to a person’s failure to do something.
An injury is considered “significant” if it is serious enough to justify starting legal proceedings.
So, the date of the accident is not automatically the date of knowledge.
However, the date of knowledge is likely to commence on the date you first knew you had an injury or illness:
- if the injury was more than trivial, and
- it was one that most people would consider worth further investigation.
Courts regularly say on this point that:
- The limitation period starts when the potential claimant has enough knowledge to know they should be investigating the prospect of starting a claim
- The potential claimant doesn’t have to understand the full extent of the injury they have suffered before starting a claim
- It doesn’t require a doctor’s final diagnosis to be made before the date of knowledge starts to run.
In a nutshell, the date of knowledge is when you discovered (or ought to have discovered) that the injury was significantly more serious than first thought and that it was time to investigate the prospects of bringing a successful serious injury claim by discussing with an experienced serious personal injury solicitor.
What are examples of serious injuries that weren’t obvious at first?
The following are examples of cases in which injuries or illnesses become serious only after the accident.
Scenario 1 – Road Traffic Accident
A driver is involved in a low speed rear-end collision. At the time, they suffer mild neck stiffness (“whiplash”), manage with pain relief, and do not seek medical attention.
Over the next 9–12 months, their symptoms gradually get worse. They suffer from increasing pain, a numbness in their arm, and have difficulty gripping things. An MRI scan is arranged and reveals a cervical disc prolapse that will need surgery.
In this case, the date of knowledge appears to be the date on which the neurological symptoms first appeared or the date on which the scan revealed a prolapse.
The claimant did not need to know he would require surgery, only that the injury was significant and attributable to the accident.
Scenario 2 – Public Liability Accident
A pedestrian trips on a poorly maintained pavement and strikes their head on the ground. They experience brief dizziness without loss of consciousness and do not seek medical treatment.
Months later, they develop memory problems, fatigue, and concentration issues. Neuropsychological testing reveals a mild traumatic brain injury (MTBI).
Head injuries often give rise to ‘seriousness of initial injury’ arguments, with early symptoms underestimated or alternatively put down to stress or ageing!
The date of knowledge in this case is likely to be the date on which medical evidence was sought, because of a deteriorating memory, and which confirms a diagnosis of traumatic brain injury.
The claimant need not know whether the loss of memory and cognitive ability is likely to be permanent, only that the injury is sufficiently serious to justify a claim.
Scenario 3 – Workplace Accident
An employee slips briefly on a wet warehouse floor, twisting their knee. They report soreness but continue to work and assume the injury will resolve on its own accord.
Eighteen months later, after continued instability and pain, an orthopaedic referral reveals a meniscal tear and early osteoarthritis, which seriously limits the employee’s ability to work.
The employee’s continued work and self-management support the inference that they had no early knowledge of a significant injury.
The turning point here is when the symptoms failed to resolve, and the imaging shows permanent or degenerative damage
Date of knowledge: Probably when the orthopaedic diagnosis was made, or shortly before.
In the type of situations outlined above, the injured person has neither ignored symptoms nor deliberately delayed bringing a claim. They simply had no reason, early on, to believe that the injuries they thought were minor would go on to have lasting or severe consequences for them.
Is a delayed serious injury the same as a delayed diagnosis or medical negligence?
It is important not to confuse the scenarios discussed in this article with cases involving a delayed diagnosis of an injury or illness.
We have already examined cases in which injuries initially deemed minor worsened over time to the point that they became serious. These are, to coin a phrase, cases of ‘delayed seriousness’ of injury.
The second involves injuries that were serious from the outset but were not properly diagnosed or treated by medical professionals. These are cases of delayed or missed diagnosis of medical conditions. Misdiagnosis and delayed diagnosis claims are the most common types of medical negligence claims.
So, if in any of the three accident scenarios we described above, the delay between the accident and the seriousness of the injury becoming apparent was due to a delay in diagnosis by a medical professional, there may be circumstances where there are two issues to consider:
- a serious injury claim arising from the original accident, and
- a potential medical negligence claim where negligent delay in diagnosis or treatment made the pain, suffering and loss of amenity from the original injury worse.
When does the limitation period start for a serious injury claim?
There is no single rule that applies to every case. The starting point for the three-year time limit depends on the individual facts. Where there has been an injury apparent from the day of the accident, it’s always best to visit your GP or to visit A&E, even if the injuries do not appear to be significant at the outset.
As briefly mentioned earlier, three years is a long time within which to start a personal injury claim. What may feel “late” to an injured person is often still well within the three-year period during which a claim may be brought. However, waiting too long to start a serious injury claim once the seriousness of the injury has been confirmed would be tempting fate!
This is why it is prudent to seek advice sooner rather than later, even if you are still undergoing treatment or a full prognosis of your condition has not yet been provided by a medical professional.
What should I do if I’m only now realising how serious my injury is?
If your injury feels like it is getting worse or you have recently received a diagnosis that confirms the severity of the injury, there are some practical steps worth taking:
- Get an appointment with your GP asap – keep all appointments made for you
- Keep a diary of your symptoms and how they affect your everyday life
- Put together any paperwork you have relating to scans, referrals, or diagnoses
- Get advice from a solicitor experienced in serious injury claims
Should I contact a No Win No Fee serious injury solicitor?
If you are worried about any delay in getting a personal injury claim off the ground, call an experienced No Win No Fee serious injury solicitor.
Catastrophic injury claims often involve delayed symptoms and constantly evolving diagnoses. That’s the nature of the cycle with serious injury cases. Often, you will be able to issue your claim without problems, but if you contact an experienced personal injury solicitor, they’ll put your mind at rest.
Mooneerams is a niche firm of personal injury solicitors. We handle only personal injury claims and act only for claimants (those making claims). With over 22 years of expertise in bringing hundreds of successful personal injury claims, almost all on a No Win No Fee basis, you’ll be in the safest hands possible.
Why not call us on 029 2199 1927 or complete the form on this page to send your details, and we will call you back? All calls are completely confidential, and you are under no obligation to take the matter further with us following your conversation with one of our serious injury specialists.
Delayed seriousness is common in genuine serious injury cases, and the law allows for that reality.
Posted in Personal Injury Claims
