Dear Brian,
I suffered a neck and back injury as a result of a road accident in 1998. I instructed solicitors, the other party admitted liability and I settled my claim for £2,100 in January 2000. I was never told that I might develop further symptoms in the future.
In 2004, my neck and back pain flared up and I was diagnosed with fibromyalgia in 2005. My specialist seems to think that the accident in 1998 is the cause of my fibromyalgia. Is it possible for me to either:
- receive additional damages from the person who caused the accident in 1998? or
- make a claim against my original solicitors who may have been negligent for under-settling my claim?
Sally
Dear Sally,
As you have already agreed a settlement with the Defendant in relation to your accident in 1998, solicitors would not have been able to re-negotiate a higher settlement. In any event, there was a six year gap until your fibromyalgia symptoms began, I believe that would have been very difficult to link your accident in 1998 to your fibromyalgia.
It is therefore also unlikely that your previous solicitors were negligent as your chronic pain symptoms would have had to be present before your claim was settled. You would also have to show that your previous solicitors should have known of your condition from your medical records or instructions.
Additionally, a claim for professional negligence against your previous solicitors would have had to be brought within six years of their negligence i.e. by January 2006, so you are considerably past this time limit.
Brian Barr
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