View Full Version : Can you claim for further pain caused after an accident pay out?


Maggie1900
17-08-2006, 09:42
Can you help me please.
My sister hurt her back and hip when working as a nurse and had to give up work as she was unfit.
The hospital personnel department said she would be given a pension as she was finishing on ill health, after waiting several months she received information from N.H.S pensions stating that as she was able to do some form of work she would not receive any pension, surely this was wrong of the personnel department to say she would receive payment and then not allow it.
Following the incident she received a very small ammount of compensation as the employer was found to be at fault for the incident.
Two years later she is still receiving hospital physio and has been told by the physio that she may always suffer from her original injury as it has affecetd muscle and joints and she is in constant pain.
She asked the original solicitor if she could make a further claim for the constant pain and also claim that due to the incident it stopped her from doing her job and becoming further qualified for other positions in the NHS, but the solicitor said that once a compensation claim had been made that was the end of the matter.

Please help if you can.
Thanx Maggs.

Tony
17-08-2006, 09:45
Most settlements will have a "full and final settlement" clause in them so unless you can show some legal irregularity I wouldn't think you had any chance.

I once was on the other end with an employee who made a spurious claim (aka she told a complete lie) against the firm I worked for. It was cheaper to pay her off (through VERY gritted teeth). When she came back a couple of months later with another 'no win no fee' lawyer we sent her on her way and let her 'no win no fee' lawyer have a copy of her signature on the first pay off agreement with a big thick red ring around the 'full and final settlement' clause and a suggestion that they might like to charge her for their wasted time. What's it they say about revenge being a dish best served cold? :D

lalaland
17-08-2006, 10:52
If the compensation she received was based on the work by her solicitor and medical experts and proves to be quite different to what they stated or they were negligent then she may have something to go on against them, however I suspect she'll have signed agreements that waives all that. As for taking further action against the person she originally sued I doubt for one minute she can do anything further.