Personal Injury question

Jonesy3110

Hi I have a personal injury question that I've been wondering about.
My friend of mine sustained an injury to his testicle (torted testicle I think it was) which required an operation. It happened when he was in work as a result of carrying a heavy load.
He didn't bring them up for it at the time but lately he says it's been hurting him again, and he also fears that the injury might mean he'll have trouble when he decides to have children.
I know he should have claimed for it when it happened (medical bills, loss of earnings etc.) but would it be possible for him to bring his employers at the time to court now? Im not totally familiar with personal injury law, but I thought because it's started to cause him discomfort again lately, and if he finds out that the injury or operation has made him sterile, then he should be able to claim compensation? I think it's been about 3-5 years since it happened, but I'm not totally sure.

Anyone have any advice I could give him?

Peewee_lane

Your friend needs to aquire up to date medical reports from three or so different doctors. What they determine in their reports determines whether your friend has a case or not regardless of how dormant it lay. An injury is an imjury and if it can be backed up by doctors reports it may be awardable.

Your friend will need to go to a solicitor if he feels strongly about consistant pain or what the medical reports determine. The solicitor then writes to the company and says they act on behalf and we intend to sue for injuries occured while working there.

Best of luck.

Jonesy3110

Thats awesome thanks
I was worried there might be a time limit on claims he'll be happy to know there isn't!

johnnyskeleton

Legal advice can't be asked for or given on this forum, but if you have a specific question on time limits for personal injuries actions you might want to ask it straight out (in a different thread).

Jonesy3110

I actually was just asking because after me and him talked about it, I was curious as to whether or not he could claim. I've already told told him to go to a solicitor, I was just satisfiying my own curiosity really.

dats_right

Peewee_lane is misleading the OP. The correct position is that the limitation periods for any Personal Injury arising ffrom negligence, nuisance or breach of duty is governed by Statute of Limitations (Amendment) Act 1991 as amended by section 7 of the Civil Liability and Courts Act 2004. Which provides, that:

Where the 'relevant date is before 31 March 2005 3 yeras from the relevant date or 2 years from 31 March 2005, whichever is lesser. Or where the relevant date is on or after 31 March 2005, 2 years. The 'relevant date' means the date of the accrual of the casue of action or the date of knowledge of the person concerned as respects that cause of action, whichever occurs later.

As the OP's friend has already had an operation regarding this injury it is hard to imagine any conceivable argument that he wasn't aware of the injury (i.e. didn't have the knowledge). Therefore, the relevant date is almost certainly the date that the injury occured. The bottom line is that given that the injury happened 3-5 years ago, I think it almost certain that your friend is 'statute barred' and thereby precluded from bringing an action against his employer.
There would be no harm in your friend contacting a solicitor, who will be able to advise based on a more complete knowledge of the relevant facts in this case. But, I wouldn't hold out much hope. Also, it almost certainly never the case that Medical Reports are required from "three or so different doctors", that really is nonsense. A plaintiff would usually see his GP and then be referred to a specialist. Most of the time it is only 1 Specialist who provides Medical Reports for the plaintiff (frequently there will be several reports from the same specialist), and sometimes a GP may be asked to provide a medical report too. After you initiate your claim the defendant may often request that the plaintiff attend a Specialist appointed by them to determine the extent of the injuries but this is not done or organised by the pliantiff. But a plaintiff will almost never be required to acquire medical reports from more than one doctor.