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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11745
Experience:  30 years as a practising solicitor.
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Whilst being employed with Strathclyde Fire and Rescue I suffered

Customer Question

Whilst being employed with Strathclyde Fire and Rescue I suffered an Ischaemic Stroke, however I was never informed that this was a Personal Injury. When I contacted a solicitor i was told that as the event happened 4 years ago any claim would be time barred.

The site of the Stroke was on the left side of my head which effects the right hand side of my body and other communication functions. As reported my employer, occupational health doctor for my employer or any one else involved in my post recovery.

To my understanding the person has 3 years to make a claim or when he or she becomes aware of this option

Best Regards ***** *****
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The person has three years to make a claim from the date of the injury or from the date that the person becomes aware that they have suffered an injury. It is arguable in your case that if you didn't know that you had suffered a personal injury that the time period would only run from the date that you knew or ought have known that there was a personal injury.

In any event, even if that is not the case, there is provision in the legislation to allow a late application if the court considers it equitable to do so. See section 19A of the Prescription and Limitation (Scotland) Act 1973.

I suggest you see a personal injury solicitor immediately and get proceedings raised without delay.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank You


 


Please accept my heartfelt thanks for your time and excellent knowledge of the law


 


Very Best Regards


 


Tom

Expert:  JGM replied 3 years ago.
You're welcome.
Customer: replied 3 years ago.

As you suggested I contacted 1 well known law firms, both tell me the event is time barred even after directing them to 19A of the act as you suggested,


 


One firm looks after Unison (Life Member) the other I'm not sure off, I fear that both may be involved with the SFRS, or are side stepping any fight

Expert:  JGM replied 3 years ago.
May I suggest that the lawyers you have contacted are perhaps taking a simplistic view of the law of time bar.

You say that you didn't know that your condition was a personal injury and from what I understand you would not normally have connected your illness with a personal injury. For that reason I think you can argue round the time bar.

See a lawyer who knows what he or she is talking about. Don't go to a big firm that may have a union or employer involvement. Ask the Law Society to recommend a partner in a smaller firm who is a personal injury specialist.