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Claiming personal injury within 3 years following Brain Injury

Please can anyone assist me. I sustained my brain injury 3 years ago tomorrow ! I thought it was two years ago and have not made a claim against my local council whose pavement I slipped on - due to diesel from their service vechiles - has anyone else made a late claim. Can anyone recommend if I should talk to a solicitor quickly tomorrow or send of a template letter from a legal website tonight. I have left front lobal damage which has caused weakness on right of body etc

7 Replies

Ring Headway in the morning, they have lists of specialist solicitors. You could also ask at the Citizens Advice Bureau.

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Thank you EW , kind of you to reply x


I tried to claim negligence when I had a stroke but they said I’d past the three year mark even tho I was out of it for the first two years. Hopefully it’s different in your case


Contact a solicitor TODAY all you need to do is telephone them it’s a free half hour telephone call and they will be able to tell you if you can still claim.( I think it could be three years.) Why has it taken you solo g in deciding to claim now? Hope you get it sorted Liz x


Bit late to this one but the 3 year limit runs from the date you become aware any event has caused an injury, for a TBI it can take a long time to be aware you have impaired function, so this may start the clock ticking later than the actual event.

In my case I was told for over 2 years by 4 different consultants that my symptoms were imagined, eventually tests showed that not to be the case!

However this is not my area of work, I presume you've now had this discussion with a specialist solicitor.


Thank you dear Sealiphone for replying to me. I am sorry to hear about your long haul to be diagnosised, it must have been very frustrating and saddening for you to go through this. It is interesting because it was a week after my accident that TBI was recognised as I was taken into hospital because my speech starting to slur and I had Foreign Accent Syndrome and then diagnosed with left front lobal damage causing weakness to my right hand side. I walk with a limp and a stick now.

I have found it difficult to progress my case with a recommended head injury solicitor. I feel vulnerable and should have taken someone with me.


They won't support you unless they feel they have good prospects of a successful claim.

Yours sounds rather uncertain (like mine) and then they won't want to spend time and money on it.

Difficult to prove your case I suspect, you will need evidence that the diesel was there etc


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