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Anyone else been involved in lengthy battle for compensation after injury?

7 replies

groan · 07/04/2012 04:20

To cut a very long story short, I was seriously injured at work 5 years ago. Am now unable to work. Thankfully awarded disability benefit, but of course it can't in any way make up for what I have lost - my health and career. There is little possibility of me working again due to the nature of my disability. My family life has been badly damaged because of my physical limitations. I used to enjoy being active with my children, going for long walks, playing together in the park, all the usual stuff. Thankfully I have a wonderful dh who is so supportive but the strain on us emotionally, financially, physically etc is pretty awful.

I am sueing for compensation but the process is SO slow and feels like it will never end. My case is complex and I can't go in to detail but just wondered if there's anyone out there going through/been through a long legal battle. There is no guarantee of a favourable outcome for me even though it seems plain as day to friends and family I should win my case. Unfortunately though it is not a given - with a significant amount of compensation at stake, the other side will naturally fight to avoid paying. I do have an excellent legal team so at least I know they are doing their best for me.

I don't even know what I'm trying to say except I wish there was some kind of support group for people going through lengthy battles like this. Until I know the outcome of the case it's difficult to try to begin to come to terms with what has happened to me.

Keeps me awake at night - note time of this post :(

OP posts:
RedHelenB · 07/04/2012 10:50

You must be talking about a lot of compensation as usually insurance companies pay up to avoid courtrooms.

Is there nothing you can do to take your mind off things? I know when I was a CSV volunteer that one lady we helped volunteered in the CAB office despite the enormous amount of pain she was in continually.

I think maybe you need to give it a back seat & do the things you can enjoy with your children, helping them with school work perhaps, being there to listen to them etc. What will be will be regard the compensation but |I am a big believer in prepare for the worst & hope for the best - is your husband supportive?

groan · 07/04/2012 14:05

Potentially the sum could be large, yes, hence the battle, expert witnesses ranged up on both sides etc.

I was doing some voluntary work but had to stop because it became clear that it was physically unmanageable and there were H&S issues.

I have realised the need to massively adjust my horizons and I try to still do fun things with dc's as well as get homework done and just be together eg play board games.

I think the poor health, in and out of hospital, difficulty getting pain under control consistently, horrid heavy duty drugs have gradually ground me down.

Dh is marvellous, goodness knows how he's copes, we have no real family support (eg parents no longer alive).

OP posts:
sneezecakesmum · 07/04/2012 22:07

If you think in terms of babies disabled by hospital negligence at birth which will affect their entire lives in every way, I think that is the type of negligence case you are also looking at.

Basically along with all the experts that need to be lined up, it has to become clear that your disability (as with the child) is lifelong and affects you in x number of ways. If there was any chance of you 'getting better' then they would wait to see the outcome. The same with a brain injured baby, the extent only becomes apparent over time - hence they can drag on for 10 years or more.

I had a fairly straightforward whiplash and that took 6 years, so the wheels of law turn very slowly indeed.

RedHelenB · 07/04/2012 22:50

I am not surprised you feel ground down, massively changing your life when you weren't expecting to would do the same to anyone. BUT, people do cope & enjoy life with all manner of disabilities, I think you have hit the nail on the head by saying your horizons have changed massively, Good luck with it all.

groan · 09/04/2012 17:28

Thanks for the replies and good advice from you both :). Gosh if a whiplash injury took 6 years, then I'll need to steel myself even further although solicitors are looking at a court date for next spring, although these things can be a 'moveable feast' depending on when various reports are in etc etc etc. I've met my barrister, so although there are still so many 'ifs' I do think the team on my case are excellent.

It sounds really odd, but I've wondered if I'd have died, the case might have been/be resolved quicker. Because I'm still alive there's all the debate (as you say sneezecakes) about the effect on the rest of one's life. It's very strange, the way one's brain works in the wee hours!!!!

There are many people worse off than me in life and I try to remember that when I feel myself getting despondent about it all.

I decided a few months ago to be of the mindset that my case won't be successful. Talked to dh about this and although there's no reason to be so completely negative, it pretty much along the lines of what you are saying RHB in expecting the worst, with the hoping for the best bit being the fact that at least I am trying to fight, however stressful it is - I owe it to myself and my family after what has happened.

OP posts:
sneezecakesmum · 09/04/2012 19:42

Good luck with your court case. True its a major stress you dont need at the moment I'm sure, hence the sleepless nights. I've talked to several parents claiming for birth injuries, and it really grinds you down but they keep fighting for their childs future. Thats where you are, keep your eyes fixed on that future as, although money won't make the disability go away, it will make life easier for you and your family.

MOSagain · 10/04/2012 08:44

groan, I have been in your position. Sad
I was injured at work (20 years ago) and as a result of my injuries I had to retire from the career I loved. I was lucky in that my employers provided excellent Solicitors (they were not at fault for my accident) and so then started a very long process. My accident was in 1991. I was sent to numerous different specialists and consultants as they needed to determine how my injuries would affect me long term and whether I would improve. Proceedings were issued in the High Court and it dragged on for several years. The other side kept wanting new medical examinations etc etc.

I was very down about it all. I had resigned myself to the fact that I would never return to my career and was depressed and extremely bored. In hindsight now I realise I was, to put it mildly, bugging the crap out of my PI lawyer, constantly asking questions about what happened next etc etc. In the end he made a flippant comment along the lines of why don't you study law or something to take your mind off it. Thanks to him, I found a new career and am a qualified lawyer. I realised I needed something new to focus on, to take my mind off the endless medical questionnaires and consultants appointments.

I'm not suggesting you take up the study of law but perhaps think about something else you could do. If you know you cannot return to your old profession maybe there is something else you could use this time to work towards?

At times I still miss my old career especially when I see incidents involving my old career but I have moved on. I have a new career, a family and a whole new life. It still depresses me at times that over 20 years from my accident I am still in pain most days but I have to live with that and deal with it as best I can.

Please don't be negative about your case and chances of success. I had periods when I went through this but I'm sure your barrister must feel you have a chance if proceedings have been issued. No lawyer would want to take a case to court that they felt did not have good prospects of success.

Be positive, talk to family and friends, get all the support you can and good luck to you x

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