I had my elbow broken by a police officer around 7 years ago, i never followed anything up but recently it is giving me alot of pain. Would it still be possible for me to persue compenstion/damages after all this time? If so who should i contact? Thanks for your time
2007-07-16 00:54:59 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Chances are you cannot. You would have to find out what is the statute of limitations on bodily injury claims in your area. It is usually one or two years.
2007-07-16 01:00:20 · answer #1 · answered by regerugged 7 · 0⤊ 0⤋
Personal injuries in English law are govered by what is called the "Limitation Act 1980". It stipulates the amount of time in which actions can be brought. They are:
1. 6 years for a contract;
2. 3 years for personal injuries;
3. 12 years if made by deed
The fact you sustained an injury roughly 7 years ago is not the end of the matter because the limitation act also provides that action may be taken when a Claimant/Plaintiff has reasonable knowledge of the injury. This was contained in the legislation because certain illnesses and conditions are not prevalent when they happen and take time to manifest themselves - e.g lung conditions, vibration white finger etc.
In order to successfully sue you would need to prove in law what is known as "causation". This is where the result of the injury is a direct consequence of someones acts or omissions. Can you prove the pain you now experience is the result of the policeman's acts and not from some other source - e.g. a football injury, fall etc?
What you require is a medical report to ascertain the problem. You would have a case if it can be shown it was the result of the policeman's acts. If you do wish to do something move quickly because it's harder to prove the longer you leave things.
2007-07-16 03:29:34 · answer #2 · answered by Vipguy 3 · 0⤊ 0⤋
I don't think it's possible any longer. Your cause of action accrued when you were injured. Unless your jurisdiction's statute of limitations is longer than seven years for personal injury (and I have never heard of one longer than 6 years) your time has expired. Your case would be different if you had an injury that wasn't apparent at first and it developed over the years, with the case of a broken elbow, it's discovered right away, which begins the limitations period. However, the statute of limitations can be waived, so you may have some recourse if the police officer never raises the defense (which is unlikely). Another issue: was the police officer doing this in the course of his work? If so, there is a whole host of issues related to whether he is immune and the statute of limitations may be even shorter. You should see an attorney for a free consultation to evaluate your claim.
2007-07-16 03:08:01 · answer #3 · answered by Tara P 5 · 0⤊ 0⤋
I'm not an attorney. In the US, the statute of limitations may have (probably) already expired. The time limitations to file a tort against a governmental agency, such as the police, is very short. This is why you need to contact an attorney immediately - so that you can understand your rights related to you particular situation. This type of case would probably be taken on a contingency fee so usually there isn't a charge for an attorney consultation (ask first to be sure).
Secondly, it would be difficult to prove, after 7 years, that your pain is related to an injury which occurred so long ago.
FYI, anyone can sue for anything, whether they will win or not is a different matter. Good Luck
2007-07-16 01:49:04 · answer #4 · answered by vbrink 4 · 0⤊ 0⤋
No - sorry - Statute of Limitations applies and for Personal Injury claims that limitation is THREE years. Since your injury occurred more than 7 years ago - you are well beyond that limitation.
2007-07-16 01:11:59 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Here is a number of my solicitor,its worth a go
Campions solicitors
45-49 Mansfield Road
Nottingham
Tel:- 01559476373
or freephone 0500666603
Good Luck
2007-07-16 01:06:19 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Sorry I personally think you waited too long.Ask at the citizens
Advice Bureau.Good Luck
2007-07-19 03:28:12 · answer #7 · answered by Ollie 7 · 0⤊ 0⤋
Your chum needs a stable criminal professional and unfortunatly that expenditures money. notwithstanding a stable criminal professional and probable a private investigator can discover data and get to the actual fact and take the case to court the place that's revisited. stable success
2016-09-30 02:38:18 · answer #8 · answered by courcelle 4 · 0⤊ 0⤋
you can if you can manage to prove it...
which would be amazingly hard...
2007-07-16 01:09:02 · answer #9 · answered by hello;) 2 · 0⤊ 0⤋