Legal Action Against Karate Instructor

[mountainboo]

I am currently in my first year of law so as yet don't know enough about this to answer my own question. 7 years ago I attended a karate seminar. The instructor was a bit of a show off shall we say. He was demonstrating a move on me and in the process he knocked me to the ground (hardwood floor) where I landed on my head. I instantly went blind but gradually started seeing lots of different colors accompanied by a large star which lasted for approximately 1 hour. Later that day I went to the hospital and was told I had concussion.

Since that day, whenever I run I have what can only be described as a flash within my vision which is similar to that of a camera flash. Occasionally I also see the star shape within my vision which progressively gets bigger and bigger until it dissipates and disappears completely.

Would it be worth pursuing legal action at such a late stage or not? TIA

[ummmm]

Have you continued to go to the doctors throughout the last 7 years?

[Twenty20]

Seven years ago??? Are you serious?

[mountainboo]

I went to the doc's once about it approximately 2 years ago and he said it was migraines.

[sara3]

so you only get these migraines whilst you're running?

[ummmm]

No chance then.

You hit your head but didn't go to the doctors for 5 years.

There's usually a time limit and the only way to get round that time limit would being able to prove on going treatment since the accident happened.

[mickrog]

I need some cash too...I think I will look back over the years and see if I too can find some poor soul to cough some money up. Now let me think...........

[carrot99]

I think you do the `ambulance chasing' module in your second year and I think the idea is to chase someone else's ambulance not your own....

[ChuckFickens]

"Disclaimer: All Answers found here should not be taken in the stead of legal advice from a solicitor. Please also refrain from being rude, abusive or judgemental - users come here for advice, not judgement."

I'm tired, so unless some people fancy a suspension........

[mountainboo]

Thanks Ummm, that answers my question. Thanks for the harsh judgements Mick and Carrot!!! I am absolutely not the type of person you perceive me to be. I was curious to know, that is why I asked. It is something that has always been in the back of my mind but at the time I was too young to know about my rights.

[mountainboo]

Thank you Chuck

[carrot99]

sorry mountainboo I was trying to be funny....:(

[THECORBYLOON]

The time limit is three years from the date you knew you had been injured although the court may decide to extend it. I'm no expert but even if you were receiving on-going treatment, you would needed to have claimed within three years of first being telt the condition resulted from a specific incident or process. Looks like you're outwith the time limit to me.

[boxtops]

I agree with corbyloon, I used to deal with liability claims in a previous role. The only way you would stand a chance now is if a) the accident had been recorded and witnessed in the accident book at the Gym, or wherever it happened, b) if there was public liability insurance covering the instructor - was he private or employed at a gym, is he still around? c) you sought medical treatment straight away (which you did, so that will still be on record) d) you didn't realise until now that that you had a permanent disability from the accident. The Statute of Limitations says you have to claim within three years of the accident but I recall as CL says that it's three years from your becoming aware of your lasting condition as a result of it. Have a look here http://www.thelegalli...-bring-your-claim.htm but your best bet would be to consult a solicitor now, for a opinion. In theory you are out of time, but the time bar can be extended under certain circumstances, IMO.

Whyever have you left it so long before doing something about it?

[THECORBYLOON]

I said telt but maybe more accurately that should have been aware. If I'd had a dunt to the head and experienced bright lights when running, would it not be reasonable for me to have linked this to the dunt straight away rather than in seven years' time?

[boxtops]

I would have thought so, CL - especially if boo had no symptoms like this beforehand.

[mountainboo]

Thank you folks and for your detailed response Boxtops. I wish I had done something about it at the time. I was very young when it happened and wasn't at all aware of my rights. It's only within the last couple of years that I've actually considered it; when I became interested in Law. I should think that even if my case was considered, the long term injuries would perhaps be too mild.

[cathfromsaron]

outside the statutes, i would have thought ...

[joko]

why would you assume this was related?
you banged your head... thats all... it is very rare that concussion causes any lasting problems...
and it seems the only actual problem you have now is that you see a few lights when you run... thats it, no other problems?
what sort of compensation fo you think that deserves?

if the doc has told you it is just OCULAR migraines, why would think its due to that bump?

the star etc, is not unusual and is just what your head does when you have an OCULAR migraine, or trauma... everyones does it... that in itself not a problem.

[Nini74]

everyone appears to have addressed the limitation act problem, except that the poster says he was very young when it happened. Mountainboo - if you were under 18 when it happened, the 3 year limitation period does not start to run until your 18th birthday. In other words, you have until your 21st birthday to make a claim.

[boxtops]

Correct nini, I've only just come back and read mb's comment about his age.