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In 2006 I had an accident and was practically forced to settle 50/50. I still suffer from neck strain, am I able to claim personal injury?
In 2006 I had a road traffic accident which was a genuine non fault accident. However, I was practically forced to settle 50/50 with no personal injury element by my Solicitor who was dealing with the case. It has been two years and I still suffer from neck strain due to the impact of the other driver, am I able to claim personal injury?
The general principle is that once a proposed claim has been compromised you cannot make a second claim based on the same incident. There can be exceptions but I do not think the circumstances of your case would fall into those exceptions.
You may have a claim against the Solicitor who dealt with your accident if he failed to advise you properly about the effect of settling your claim without taking account of your injury. I can ask one of our legal counsellors to call you to go through your case in detail. The service is confidential, there are no costs associated with the call and there is no obligation of any kind. Please reply to this email if you want to use this service.
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