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Legal matters

embarrasing injury as a child - am I too late to make an insurance claim?

30 replies

wheredoigonow · 02/08/2013 10:38

When I was about 11 I had an accident at a public sports centre, I was walking on a row of chairs, set up like chairs in the cinema, i.e you push on the back and they flip up. I fell, and landed astride the chair. It was AGONY?. My mum took me to hospital and I had two nights in hospital while they monitored me, my labia basically swelled up to golf ball size and went black. At the time I had no idea about sexual stuff, I remember the doctor describing it to a team of junior doctors (so embarrassing to go through having loads of people looking at my privates at that age) that I had ?smashed my clitoris? I had no idea what a clitoris was then? since then my labia are very protruding, not golf ball size but it?s pretty noticeable and I?ve always been very self conscious about it. I?ve never enjoyed sex, I can come, but it takes forever, even with toys etc. I?m certain it?s because of the accident and that I just don?t have full sense of feeling as I should have down there.

Does anyone know if I could claim on their liability insurance for this? I know there is normally a time limit but it?s only now as an adult (I?m 34 now) I?m realizing that my sex issues are most likely down to that accident. I don?t want to phone one of those numbers and have to explain it to some giggly ambulance chaser about my funny labia so hoping some fellow Mumsnetters can give me some advice!

OP posts:
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Arisbottle · 02/08/2013 10:40

Surely you shouldn't have been walking on the chairs.

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ItsQuiteHardtocomeupwithaname · 02/08/2013 10:45

I don't really understand why you'd want to claim? It sounds like it was your fault. Can't you focus on positives and try and find a way of enjoying sex, the fact your labia are big may be just because they are big, not because of the accident. Find a way to relax and experiment with yourself, maybe go and talk to someone ? Mine are long...down there! But I've just accepted that's just how I am.

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Collaborate · 02/08/2013 11:04

You have 3 years from your 18th birthday to make a claim for personal injury.

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RustyBear · 02/08/2013 11:17

The limit is 7 years, not 3 - school records, including accident reports, have to be kept until the person is 25 - it may be longer in some cases if there are SEN or if there is an allegation against a member of staff. But if there was no allegation at the time any records would almost certainly have been destroyed by now.

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SavoyCabbage · 02/08/2013 11:20

Sue your mother maybe for letting you walk on the chairs?

Was there an accident report?

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Collaborate · 02/08/2013 11:25

Where do you get that from Rusty? Thompsons (big PI firm and no connection to me) say it's 3.

www.thompsons.law.co.uk/questions-answered/time-limits-bring-claim.htm

Also my PI department tell me it's 3 years as well.

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RustyBear · 02/08/2013 11:35

School Records Management Toolkit. This is the Staffordshire version, which is the first one I found online but the one our LA uses is the same.

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RustyBear · 02/08/2013 11:39

Sorry, should have said -page 45.

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TerraNotSoFirma · 02/08/2013 11:43

An insurance claim? Because you were using the chairs for something other than their intended purpose?
How is that their fault? Were the staff supposed to be watching you, or were you with a parent.
Either way, it was your fault. I'm sorry you were hurt though.
You should let the idea of a claim go and seek advice from your GP for any ongoing sexual problems.

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Babbit · 02/08/2013 11:49

No, you are out of time to claim - you had until your 21st birthday.

Why were you climbing on the chairs? Had you been told to by a teacher? Were you being supervised by a teacher who did not prevent you from walking on the chairs? Were there any adults present?

I am sorry about your injury. I would certainly seek further medical advice if I were you. It may be a physical problem or a psychological one, but either way it is possibly resolvable. Don't be embarrassed. Remember HCPs have seen everything!

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squalorvictoria · 02/08/2013 11:49

Some people have protruding labia. I do. It's normal, and unlikely to have anything to do with your injury.

Your sexual problems are most likely psychological and not as a result of the injury.

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LadyMilfordHaven · 02/08/2013 11:51

I'd sue your mother for not supervising you

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CinnabarRed · 02/08/2013 11:56

I don't want to cast aspersions on the OP, but may I suggest that posters don't post descriptions of their labia, protruding or otherwise?

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Onesleeptillwembley · 02/08/2013 11:58

Another one here advising to sue your mother, if anybody, for her negligence.

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JustPanicking · 02/08/2013 12:00

Sorry but another one here who thinks it was your own fault or whoever was supposed to be supervising you. Not sure how anyone could see it any other way!

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prh47bridge · 02/08/2013 12:01

Collaborate is right. The limit for bringing a personal injury claim is 3 years although in some circumstances the court may extend that limit - Limitation Act 1980 Section 11. Schools keep records until the person is 25 for other reasons.

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Saralyn · 02/08/2013 12:04

Of course you cannot sue, there is nothing that could have been done to prevent that accident, it was just an avcident, nobody's fault.

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ouryve · 02/08/2013 12:06

Why, Cinnabar? It's just a part of the body.

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RustyBear · 02/08/2013 12:12

So is that document (used by many if not all local authorities) wrong? It specifically says that a child may make a claim for negligence for 7 years from their 18th birthday. As prh47bridge says, pupil records are kept until the pupil is 25 anyway, but the note about negligence is in the section on accident reporting.

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SuperiorCat · 02/08/2013 12:13

"Does anyone know if I could claim on their liability insurance for this?"

Liability suggests that someone is to blame for what happened. The only person to blame was you for walking on the chairs I'm afriad.

Nonetheless you could go to your GP and see if they will refer you to a gynae who may be able to do some sort of repair work?

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OneStepCloser · 02/08/2013 12:15

Sue her mother? wtf at 11 you should be able to work out that walking on cinema chairs is not a good idea, surely!

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Collaborate · 02/08/2013 12:25

OP can't sue anyone. She's out of time, and has been out of time since her21st birthday.

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CinnabarRed · 02/08/2013 12:28

ourvye - just in case, however unlikely, the OP is actually some hairy handed trucker getting off on thinking about children or adults hurting their genitalia.

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prh47bridge · 02/08/2013 12:51

RustyBear - I have no idea where they get the figure of 7 years from. The time limit for a personal injury claim is clearly set out in section 11 of the Limitations Act 1980. There is a longer time limit for negligence claims not involving personal injury.

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squalorvictoria · 02/08/2013 13:55

Bit of an overreaction, eh Cinnabar? I'm pretty sure what I said was as innocuous as it gets, and would barely excite even the most depraved hairy handed trucker.

I am, however, quite aware of how some women obsess over the size and shape of their labia, and wanted to offer some reassurance that the OP isn't deformed or damaged.

Btw, my first post might have come across a bit brusque, but I wanted to add that I do sympathise with the OP and can imagine such an intimate pre-pubescent injury would have affected her attitude to sexuality and her body. Psychosexual counselling might help.

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