Whiplash Injury Claim
Whiplash injury occurs when a sudden impact causes the neck and head to be thrown forward and back again. Wearing a seatbelt restrains your body but not your head and neck. The impact flexes them beyond their normal range of movement causing damage to the neck's tissue, ligaments, muscles and nerve roots.
Whiplash is almost always caused by car accidents, although it can also occur in sports accidents or by violently shaking a child under five years old. People suffering from whiplash may experience:
- Headaches
- Stiffness or pains in the neck
- Restrictions in neck movements
- Painful muscles and ligaments
- Spells of dizziness
- Loss of memory
- Lapses in concentration and/or memory
- Anxiety or irritability
- Fatigue
- Depression
Consulting a doctor immediately after having a car accident is imperative, even if there is no severe pain. For minor whiplash injuries the neck and head pain may only last a few days, and most whiplash victims recover within three months. However, some people may continue to feel some pain for much longer.
If you decide to make a claim for your whiplash injury, the level of compensation you may receive will depend on a number of variable factors.
You could make a claim directly to an insurance company, which means you will likely be compensated in accordance with the settlement agreement you make with the insurance company. Settlement agreements usually contain provisions such as the insurance company paying the compensation in instalments, and preventative clauses to stop you from making another claim in the future for the same injury. It is therefore advisable to read the small print very carefully.
Alternatively you could opt for a solicitor to manage your whiplash claim.
In this case you may be entitled to compensation categorised as either:
- General Damages
- Special Damages
Your entitlement under General Damages is paid according to the physical pain and suffering that you encounter as a direct result of the accident you had and therefore can be difficult to calculate. You may receive compensation for emotional pain and loss of enjoyment of life as part of the claim and any psychological disorders, such as depression, that have resulted from the whiplash injury. The award will be affected by previous cases, your medical report and any psychological assessments.
Special Damages can be fixed to some degree because they cover any loss of earnings (including any potential loss of future earnings as a result of the accident) as a result of the accident; expenses you have had to pay such as car hire, repairs, and any medical treatment and care you have required. It is imperative that you keep a detailed record of all payments you have made and support these with receipts.
If you have recently suffered a whiplash injury you have three years from the date of the injury to bring proceedings to court.
Minor whiplash injuries can receive from £1000 to £4575, whereas more severe cases can result in compensation of up to £86, 500.
Some insurers try to make an early offer to settle whiplash claims with their clients but it is always advisable to take independent legal advice before agreeing to any settlement.
