Claiming compensation for Whiplash

Whiplash is generally under settled by insurers


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By Oliviah Rix-Taylor

on Wednesday 9 May 2018


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Severity of whiplash

Whiplash is caused by a sudden jolting of the body causing the head to snap back, putting stress on the neck. Most people experience neck pain, headaches, dizziness and sometimes nausea. But not all whiplash cases were created equal, and some can have more damaging impacts than others.

Minor: Generally results from low-speed collisions and can cause minor ligament damage with short-term neck pain. Typically people will recover within three months.

Moderate: Usually as a result of high impact collisions or collisions at substantial speed. Sufferers may experience upper or lower back pain and neck pain alongside other symptoms like headaches and nausea. Recovery is normally within 3 months to a year.

Severe: Caused by high-velocity impacts or collisions and can cause further neck injuries in addition to whiplash such as fractures and tissues damage. Recovery periods vary from a couple of years to indefinite.

How much can I claim for whiplash?

According to the latest guideline figures from the judicial college, people who have suffered whiplash from an accident that was not their fault, could be in receipt of the following amounts in compensation;

Severity Compensation

Effects of whiplash

Whiplash can be very damaging and detrimental to your daily life and the impacts can extend beyond the initial pain and suffering. Whiplash has the capacity to affect your work, social and family life too. Whiplash can have particularly detrimental impacts on your life if you work in a physically demanding job such as construction or hospitality.

Compensation can go a long way to helping you through your recovery by providing a financial safety net to support you and your family and give you the time you need to make a full recovery. Many people who are self-employed like sub-contractors, go back to work too early to avoid heavy loss of income, but this can exacerbate your injury even more.

Causes of whiplash

Many people think that whiplash is only caused from rear end shunt collisions in a vehicle. Unfortunately, whiplash can occur during any jolt inducing collision. This could be sporting related, a faulty roller coaster, or anything that causes a sudden movement of the head and neck.

Using the right personal injury lawyer

If you think that your injury was caused unfairly then your next step will be to speak to a solicitor about making a claim for compensation. Accident Line Direct offers a free consultation relating to your injury and you are under no obligation to initiate a claim with us. We pride ourselves on providing expert advice to all our prospective and existing clients and understand how to listen to what people have to say about their injuries, accidents, and experiences. The aim of personal injury law is to try to restore the person, as much as possible, to the state they were in before the accident or injury occurred. We appreciate this is not always 100% possible with the nature of injury but we believe that financial compensation can go a long way in helping you achieve this.

We work on a No Win No Fee basis for our clients where possible – because there should be no financial risk to the claimant (you) and justice should be accessible to all, not just those who can afford it.

How to claim for whiplash

Accident Line Direct will do all of the legwork for you, including paperwork and arranging keys dates. All you have to do is make the initial phone call and explain your case to one of our industry experts. We will take all of the relevant information to start building a case. The solicitor may ask you for some documents to assist in the success of your claim such as medical reports, receipts and bills and key witness statements. Not every person has these sorts of supporting documentation so don’t worry if you don’t.

Whilst the maximum compensation amount is being negotiated for you, you can relax and recover hassle-free whilst you wait for the negotiations to come to an end. If the defendant makes an offer outside the courtroom (as many often do) your solicitor will advise you on whether to accept or to fight for more compensation. Many people often choose to settle the claim without ever having to go to court, the decision is up to you.

Once the offer is accepted and the money is received for your compensation we will take our success fee (capped at 25%) for our dealings in the case. In the very rare case that we don’t win, you won’t have to pay us anything.

How long does it take to receive compensation?

Whiplash is a relatively common claim and the solicitors we use have a lot of experience with the process. This can often make whiplash cases relatively quick but as with all injury claims, the cases are unique and we can’t give specific time frames.

Who can claim for whiplash?

Personal injury law relies on a term known as negligence. In order to claim, you must provide evidence that someone acted negligently causing the accident which resulted in your injury or personal suffering. In order for negligence to be proven a solicitor must first establish that you were owed a duty of care. A duty of care means that someone was responsible for your wellbeing. This can include an employer at work, another motorist or a public organisation such as the council.

People who can claim for whiplash are those who were owed a duty of care. People often don’t realise that they can still claim even if they were partly to blame for their accident, such as not wearing a seatbelt at the time of the accident. This is known as contributory negligence and can still result in a sizable compensation amount for the claimant, from which a percentage will be deducted for your part in causing your injuries.

Claimants must also adhere to strict timescales when claiming. Typically, a claim must be made within three years of the accident or within three years of the symptoms becoming known so it’s best to inquire about your compensation claim as soon as possible.

It’s always worth speaking to an industry expert to properly discuss and assess your case. We recommend reading our resource pages and calling a member of our team on our free phone number below. Alternatively, you can email us or leave your contact details for a call back as a more continent time. Accident Line Direct are here to help and offer advice and support. If you have been involved in an accident that you think wasn’t your fault then we can help you claim for compensation. Give us a call today to find out more.

 

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