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

(31 Posts)
wheredoigonow Fri 02-Aug-13 10:38:25

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!

nooka Sat 03-Aug-13 01:34:08

An eleven year old at a day camp should have been supervised though, so if it could be proved that there was damage, that that damage was related to the incident, that there was some degree of negligence and the OP was within the time limits then a claim could potentially be made. Children are known to do dumb things after all, and should not really be able to evade supervision and seriously harm themselves, although of course accidents do happen.

OP I would also wonder whether sexual counseling might be helpful, I can't imagine that having lots of people examining your labia in early puberty was a great experience, it wouldn't be surprising if it had had some negative effect. If you could bring yourself to ask your GP about a possible referral then it might well be worth it.

MidniteScribbler Sat 03-Aug-13 01:24:40

So you snuck away to an area you weren't supposed to be in, and were doing something you weren't supposed to be doing, and you think someone should pay because 23 years later your sex life is now not as great as you think it should be?

::head desk::

Chubfuddler Fri 02-Aug-13 17:36:20

Limitation for most types of civil claim including many types of negligence is 6 years but got personal injury it's three. The clock usually starts ticking on the date of the accident but for a child it doesn't start until their 18th birthday.

The date the clock starts ticking can be later if you dugong know or have means of knowing you had suffered injury - this is the reason many industrial disease claims are brought years and years later.

You're well out of time even if you had good grounds op.

LadyMilfordHaven Fri 02-Aug-13 17:30:45

even more culpable I am afraid

wheredoigonow Fri 02-Aug-13 14:47:00

Thanks for all your responses. So I’m out of time. I did suspect that was the case but it’s been great to have lots of opinions.

And no, I’m not a perv who wanted some info on fellow mumsnetters labias!

My mum wasn’t there, I was on a summer holiday swimming club and had snuk off to explore the rest of the sports centre.

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.

prh47bridge Fri 02-Aug-13 12:51:06

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.

CinnabarRed Fri 02-Aug-13 12:28:09

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.

Collaborate Fri 02-Aug-13 12:25:49

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

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

SuperiorCat Fri 02-Aug-13 12:13:49

"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?

RustyBear Fri 02-Aug-13 12:12:47

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.

ouryve Fri 02-Aug-13 12:06:59

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

Saralyn Fri 02-Aug-13 12:04:23

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.

prh47bridge Fri 02-Aug-13 12:01:26

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.

JustPanicking Fri 02-Aug-13 12:00:47

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!

Onesleeptillwembley Fri 02-Aug-13 11:58:07

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

CinnabarRed Fri 02-Aug-13 11:56:20

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?

LadyMilfordHaven Fri 02-Aug-13 11:51:27

I'd sue your mother for not supervising you

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.

Babbit Fri 02-Aug-13 11:49:14

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!

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.

RustyBear Fri 02-Aug-13 11:39:50

Sorry, should have said -page 45.

RustyBear Fri 02-Aug-13 11:35:39

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.

Collaborate Fri 02-Aug-13 11:25:35

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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