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Making a Whiplash Claim

The following is intended as a brief guide to making a Whiplash claim.

What is Whiplash?

Whiplash is a soft tissue injury which occurs in the neck when the soft tissue in the spine is stretched and strained after the body is jolted, causing a sudden extension of the neck muscles. Whiplash can affect the shoulders, neck and back.

The severity of any whiplash injury varies greatly depending on a number of factors. For example the speed at which the collision occurs, whether the injured person was braced for the accident and whether the head was turned to the side at the time of the collision

Whiplash is a very common injury following a car accident. Whiplash can occur where the vehicles involved are travelling at a low speed or even in a rear end shunt when a moving vehicle collides with a stationary vehicle.

A whiplash injury can last anything from a few days following onset to a lifetime.

How do I know I have Whiplash?

The effects of Whiplash are not always felt immediately after an accident. In fact it is quite common to feel no pain until the day after the accident or even few days after the accident.

Symptoms of Whiplash include: pain and stiffness in the neck, shoulders, back and arms, dizziness and headaches, although there are other symptoms and this list is not exhaustive.

If you are in any doubt as to whether you are suffering from whiplash it is very important to make an appointment to see your GP.

Your GP will be able to diagnose Whiplash very easily by a simple examination and based on the circumstances of the accident. In some cases you may receive an x-ray.

Any reports made to your GP would be used to support any future compensation claim.

If you are in considerable pain following an accident it is advisable to visit your local Accident and Emergency Department.

How is Whiplash Treated?

If your GP makes a diagnosis of Whiplash, treatment usually involves taking pain relief medication, applying ice packs to the affected area, taking anti inflammatory medication and possibly the use of a neck brace. You may also be advised to rest and to take some time off work.
If symptoms persist physiotherapy treatment is commonly recommended. We have access to a national network of private physiotherapists and can arrange for treatment at no cost to you as part of your claim. The cost of the treatment is simply added to your claim and recovered from the third party insurer.

How do I make a Claim?

The first stage is to contact a member of our team who will take some basic information from you and talk you through the process.

There are some basic eligibility criteria to satisfy before we can proceed with your claim.

• You must have suffered a whiplash injury or any other injury as a result of the accident
• Your accident must have occurred within the past three years or in the case of a child the 3 years only starts when they reach 18 years of age
• The accident was not your fault. You could still have a claim though even if the accident was partly your fault so always speak to us about the accident circumstances and we can give you a free no obligation assessment of your claim

If you are unsure whether you qualify to make a Whiplash claim please feel to contact us and we will be happy to have a free no obligation chat with you to establish whether you have a claim.

What will it cost me to bring a claim?

Absolutely nothing. We operate on a no win no fee basis. This means that you will receive 100% of the compensation you are awarded. You may also have the benefit of legal expenses insurance which we can discuss with you.

I have been contacted by the insurers of the driver at fault

Following a car accident there is the possibility that you may be offered an early settlement by the insurer’s of the driver at fault. Whilst accepting their offer may seem like the easiest way forward you should always take independent legal advice. Quite often they will offer a settlement before you are medically examined. Any offer they make will not be based on the severity of your injuries. If you accept their offer it is highly likely you will be accepting an offer for much less than your claim is actually worth. Insurers do not have your best interests at heart, they are only interested in their profit margins and not your health and financial security.

How long is my claim likely to take?

It is hard to estimate how long any claim will take. The time scale depends on a variety of factors such as the severity of your injuries, how long you take to recover from your injuries and whether liability is admitted by the other party. As a general rule it is possible to conclude a straightforward claim in less than 6 months. We have even concluded claims in as little as 3 months. Obviously if your injuries are more serious it may take longer and we will advise you of this as your case proceeds.

How much compensation can I expect to receive?

Any personal injury claim is split into two limbs:-

1. General Damages – this is also known as damages for pain, suffering and loss of amenity. This is your claim for the actual physical injury sustained as a result of the accident. This part of your claim is valued with reference to the medical report and case law. The amount of damages you recover will depend on the severity of your injuries and how long you take to recover.

Another aspect of your claim for General damages is the affect the accident has had on your life as a whole. For example if there is anything you are not able to do following an accident that you were able to do before, such as sporting activities or if you were forced to miss an important event.

As a guide, just for General Damages you could expect to receive a sum of:-

(a) up to £5,000 where a full recovery takes place in about 2 years
(b) £1,000 - £2,750 where the full recovery is between a matter of weeks and a year.

2. Special Damages – this is your claim for any financial losses that you suffer as a direct result of the accident. This part of the claim can include, medical costs, such as prescription and over-the-counter medication charges, cost for replacing any clothing or items damaged as a result of the accident and any claim for loss of earnings.

Making a claim can actually help to aid recovery and we consider rehabilitation to be a very important part of any claim.

Making a claim may seem like a daunting task but our expert claim handlers will make your claim as straightforward as possible and support you throughout your claim. We have a national team of claims consultants who will be happy to see you in your home, at work or even in hospital in order to explain matters further and complete the paperwork for you.

Find out now if you have a claim - simply call our freephone 24/7 helpline number 0800 731 2586 or complete the online enquiry form for totally confidential, free, no obligation expert advice.

We offer a “no win no fee service” and you will receive 100% of your compensation.

• Guide-to-making-a-Whiplash-Claim