Most people are aware by now of the three-year limitation period which applies to claims for damages for personal injuries. This is, however, subject to some variance, one of which is that if you are under 18 years of age when the accident occurs, that three-year limitation period does not start to run until you reach your 18th birthday. In other words, if you were injured as a child, you have until your 21st birthday within which to either issue Court proceedings in relation to your claim or to reach settlement in respect of the same with the Defendants.
Martyn Prowel Solicitors in Cardiff have recently settled a claim for damages for personal injuries arising out of an accident that occurred on 21 April 2010.
Mr D was 13 years old at the time and sustained injury whilst attending a school lesson. Mr D’s teacher threw a pencil across the classroom to Mr D but, unfortunately, the tip of the pencil struck Mr D in his eye causing him to sustain injury.
Mr D sustained a laceration of the conjunctiva and particles of graphite became embedded in his eye. To this day, small particles of graphite can still be seen in Mr D’s eye as a result of this incident.
Shortly before his 21st Birthday, Mr D consulted Martyn Prowel Solicitors’ Janine Griffiths in respect of bringing a claim for damages against the local Council. Despite the accident having been so long ago, and much evidence having been discarded, we were successful in establishing that liability for Mr D’s injuries rested with the Defendant Council and, following obtaining medical evidence in relation to Mr D’s injuries, the claim has now been settled in the total sum of £9500.
Janine Griffiths of Martyn Prowel Solicitors stated, “when an accident happens to a schoolchild, they often believe, as they grow up, that they are too late to bring a claim for damages as a result of the injuries sustained in that accident. As in the case of Mr D, provided that Court proceedings are issued by their 21st birthday, then the claim can still proceed. We were delighted that we were able to establish liability on behalf of Mr D considering that the accident had occurred so long ago. Our attention to detail in gathering relevant evidence enabled us to establish the full picture and circumstance of the accident and, as in this case, to prove liability.