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ARTICLE · 10 OCTOBER 2024

I Have Has A Second Injury Since My Accident – Will It Affect My Claim?

Anthony Gold Solicitors LLP
Anthony Gold Solicitors LLP
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Anthony Gold Solicitors LLP

Anthony Gold Solicitors LLP

Founded over 60 years ago, Anthony Gold is a multi-specialist leading firm based in London but with...

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In second injury compensation claims, complexities arise when a subsequent injury occurs after an initial negligent injury. Case law highlights varying outcomes, emphasizing the need for thorough investigation and expert input.

United KingdomLitigation, Mediation & Arbitration

The purpose of a compensation claim is to try – as far as a monetary sum can – to put victims of negligence back into the position they would have been had they not been injured. This sounds simple, but in reality proving what difference a negligent injury has made to an individual's life raises complex questions of fact and law. In cases where someone has suffered a second injury after an initial negligent injury (which I will refer to as "second injury" cases in this post) these issues become particularly acute and require extra careful investigation.

The case law on second injury cases

The complexities inherent in second injury cases are represented by two House of Lords decisions. Both of these cases dealt with similar factual scenarios, but they had starkly different outcomes:

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