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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44900
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been working same construction firm years

Customer Question

I have been working for the same construction firm for 44 years until recently being made redundant. My union advised that as I was suffering from the possible effects of vibration white finger that it was possible to make a claim against my former employers and that their solicitors would help if possible. I went to see my GP in June 2013 following severe bruising to my fingers after working with some particular tools and she advised that it was the tools that had caused the bruising. She wrote a letter to my employers which was subsequently filed. My solicitor from the union has now advised me that as there is a strict three year deadline, my claim would be out of date by the time it reaches court and therefore she would not proceed as she thought that my case would fail in civil court. Historically my former employers have not gone to court in cases of personal injury and have always preferred to settle these matters out of court. My solicitor has told me that I am welcome to get a second opinion which I would have to pay for myself. Do you consider whether I should do this. I was not aware of the three year deadline until my solicitor told me recently and did not know that I could make a claim when I saw my gp three years ago.
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 7 months ago.
Have you asked if there is any way your claim could be dealt with sooner?
Expert:  Ben Jones replied 7 months ago.
There is indeed a three year time limit for submitting personal injury claims. This time limit starts to run from the time the injury was suffered, or if it was a latent injury which only manifested itself some time after the event, from the time the symptoms became obvious or time of diagnosis. So if you suffered the injury more than 3 years ago, or the symptoms became obvious more than 3 years ago, then you are indeed very likely to be out of time and the court will probably reject your claim. Sadly, ignorance is not a reason to get an extension – you are not expected to know the time limits off the top of your head but you are expected to seek legal advice or find out for yourself what the require,emts for claiming are so missing the deadline because you did not know it existed will not result in an extension. The only potential option is if for example you can show that you were negligently advised by lawyers at the time, for example if they told you that the time limit was longer and you genuinely believed their advice and relied on it to delay the claim. However, if you had not taken legal advice until the deadline had passed then it would not be relevant and sadly you would be too late to submit a claim. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 6 months ago.
My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you

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