Whiplash Injury Compensation Claims

Defining Whiplash

It is believed that over 200,000 people in the UK sustain some form of whiplash each year,  which means that whiplash injury claims are among the most common personal injury claims made. Whiplash occurs when someone’s neck is jolted forwards and backwards in quick succession. Such injuries are extremely common when the occupant of a car is struck from behind by another car. Yet whiplash injury claims are not just as a result of traffic accidents. It can also happen during contact sport or from slipping or falling at work. Whiplash usually occurs when rapid acceleration or deceleration has caused a collision.

Whiplash Symptoms

If you are suffering from stiffness in your lower back, neck or shoulders you may have whiplash. Other symptoms include headaches, fatigue, dizziness and short term memory loss. While stiffness and pain are certainties with whiplash, the secondary symptoms don’t always accompany it.

Diagnosing Whiplash

It is a well known fact in medical circles that whiplash is hard to diagnose and it is not something that a legal professional can determine. Making a whiplash injury claim will be difficult regardless of how good your legal team are unless you have medical records that specifically state that you suffer from whiplash.

Common sense tells you to immediately visit a hospital after sustaining injuries from an accident and whiplash injuries are no different. Failure to seek treatment is a significant factor in unsuccessful whiplash injury claims. The court decides that the plaintiff clearly didn’t have a serious or genuine whiplash injury if they were in no hurry to seek treatment. As MRI scans, CAT scans and X-Rays are of no use when it comes to finding out whether someone has whiplash, a doctor will have to use their medical judgment to decide if you have whiplash based on your description of the symptoms you are suffering from.

Actions to take after suffering a whiplash injury

Ensure your health is top priority

Regardless of the circumstances of the accident, your first concern must be your health and that of any other victims. Even if you feel that you have a genuine whiplash injury claim, take care of your wellbeing first. This means calling an ambulance and police if necessary and going to hospital.

Attend the nearest hospital

Even if an accident seems to be of a minor nature,  go straight to the hospital for a check up. If you are injured, then this should be a matter of course but too many accident victims think that they are ok and go home instead of consulting their doctor for an emergency appointment. This is particularly dangerous after a road accident where whiplash could be sustained but remains hidden for a day or two. After this time, the whiplash symptoms become worse and it is harder for a doctor to treat you.

Peace of mind is worth more than any amount of compensation. There are innumerable cases of plaintiffs wishing that they had their health back rather than having received a sum of money. Your attendance in hospital will also be entered in your medical records which will be a crucial piece of evidence should you make a whiplash injury claim.

Placing a value on your Whiplash claim

As one might expect, clients would like to know how much their whiplash injury claim might be worth when they first talk to a solicitor. Due to the varying levels of whiplash injuries that are sustainable, it is impossible to give an exact figure, especially at the start of proceedings. Depending on the severity of the injury, whiplash injury claims could result in a settlement of anywhere between £1,000 and £12,500 but even these figures should not be taken as absolute.

While your solicitor may be experienced when it comes to dealing with whiplash injury claims in the court of law, they are not medical professionals and cannot ascertain the value of any whiplash injury until medical experts have presented them with records detailing the extent of your injuries.

Deciding the value of a Whiplash claim

As long as there is no question of liability, the value of any whiplash claim will be decided on a host of factors. As well as the severity and persistence of the injury, the court will also take into account how it affects your employment, your family and other aspects of your personal life over the long and short term.

Whiplash injuries are notorious for being slow to reveal their full extent which will delay your doctor’s prognosis of the injury, as well as your expected recovery time. Then there is also the possibility that your claim could include special damages such as the effect the injury has on possible future earnings.

Is it a better option to settle the whiplash claim directly with the defendant’s insurance company?

It is becoming increasingly common for the defendant’s insurance company to contact the plaintiff directly, to make them a settlement offer. Such actions occur soon after the accident when the victim has barely had time to think. The insurance company preys on people’s insecurities, especially in this time of recession. With most people’s financial future far from secure, an instant cash payment seems like too good a deal to turn down for many individuals. Yet you should ask yourself why the insurance company is so keen to settle when the potential amount of compensation is so uncertain. Simply put, these actions are likely to save them a large sum of money in the long run. Usually, they will hazard a guess at what the case is worth and offer you less. Then there is also the issue of legal fees. Should you take them to court and win the case, they will be forced to pay both sets of legal fees which often proves to be exceedingly expensive.

No Win, No Fee

Rather than waste valuable time deciding whether you can afford to make a whiplash injury claim, contact your solicitor for information on a no win, no fee claim. The solicitor and their legal firm will take on your case and you won’t have to pay a penny if your claim does not succeed because the legal firm pays for all legal fees. If you believe you have a valid whiplash injury claim, contact a solicitor – you have nothing to lose.