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Compensation for Whiplash & Neck Injuries

What is whiplash?

Whiplash is something that often occurs after one has been involved in an unfortunate accident. And for those of us who have been on the receiving end, whiplash causes a lot more issues than one may be aware of.

Whiplash typically refers to a specific type of neck, shoulder or back injury most likely caused by the sudden impact of a collison when not expected. The collision causes muscular and tissue damage which affects everyday activities such as moving, lifting and other physical movements.

Common whiplash injury symptoms

Symptoms of whiplash and when they appear can vary. It can be possible to feel the effects of a whiplash related injury to surface on the same day of the accident or even the next day or two

Whiplash is a soft tissue injury affecting the muscular elements in your neck, back and shoulder. And in some cases, other areas such as hands, arms, legs, feet or the hip.  Other than muscular damage, whiplash can also be the cause of tendon and ligament damage.  Commonly after an incident, in most cases, the pain increases over the next few days or even weeks.

 

When looking at the injuries as a result of an unfortunate accident, whiplash is the most common type of injury, however in some cases, the injuries can be much worse. In more serious cases after an accident, injuries such a fractures and breaks can occur. Fractures could involve any part of the body such as neck, back, shoulder just to name a few. Fractures to the skull meaning forever lasting injuries are also possible. If you have been involved in any type of injury caused by an accident such a road accident or accident at work, please do sought medical attention as soon as possible. This would not only be valuable aid in your recovery but could also prevent further more serious damage.

Symptoms of whiplash vary and these can cause any of the following:

  • Discomfort in the neck or back
  • Bruising or swelling
  • Numbness
  • Discomfort when moving or carrying out physical activity
  • Muscle spasms
  • Obscured vision
  • Migraines

If you have been involved in an unfortunate accident and suffered any type of injury, please call us on 0203 813 9654 for free impartial advice. The most easiest and affective method to get in touch is to place a call back request on our website homepage  and we will be more than happy to assist you.

Claiming for whiplash

At the time of an unfortunate accident, making a claim for compensation is often the last thing on your mind. You may be worried about your car damage for example, or more concerned of a loved who may also have been in the accident with you, but being compensated for an incident which was completely not your fault is something you should claim for.

After an incident, in most cases, the affected party has to take time off work meaning less pay. All being no fault of your own. In addition to this, you may have to pay for prescriptions or medicine in order to help with the injuries, meaning money being paid from your pocket which is not your fault.

Starting your claim with us is simple and easy. You can submit an enquiry online via the website or call one of our accident claims specialists on 0203 813 9654.

Once you have been spoken to and the facts of the accident are clear, you will be advised of the next steps in the processing of your claim. If your claim meets the criteria, you will be then passed across to a personal Injury solicitor who will handle your case from start to finish.

Road traffic accidents and whiplash

The most common types of road accident you could have are a car, motorcycle or bicycle accident. You could also be involved in a road traffic accident if you are a pedestrian walking on the pavement or crossing the road and being hit into by a car or motorbike for example. All these types of collisions can lead to sudden pain as a result of the impact of the collision.

Of course when being involved in a road traffic accident, as well as the injuries sustained, chances are you will also face additional losses such as loss of earnings, travel expenses and damage to personal belongings such as mobile phone or clothes.

With the accident being no fault of your own, making a claim for compensation is the logical thing to do in order to reimburse you for the pain and loss you have had to go through. In addition, the extra funds received as a result of a claim will help towards vital medical treatment such as physiotherapy, in order to make a full recovery

Claiming as a passenger

Of course, when accidents occur, there is a chance you may have been a passenger in a car or on public transport such as a bus or a coach. If this has been the case. then you can still make a claim.

The claim for you as a passenger will be against whoever was responsible for the accident resulting in your injury. This would be either the other driver who has collided into the car you were in or it could well be the person who was driving you at the time of the accident. Making a claim against your own driver could maybe make you feel hesitant or naturally a bit cagey, but please bear in mind, if you were to make a claim against your own driver it would be against their insurance who would have accepted liability for the accident.

How much can you claim?

This is a common question asked by those who are interested in making a claim for compensation. In the case of each accident claim, all cases vary and it is very difficult to pinpoint an exact figure without having the case evaluated in detail.

In order to determine the correct amount of compensation due to the claimant, judges use guideline amounts in order to ascertain how much compensation should be awarded to the claimant.

The guideline figures are shown below. Below are example amounts taken from the 15th edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases. Please do note, these figures do not include compensation for loss of earnings or medical expenses.

Injury Type

Description

Compensation Amount

Severe Neck Injury (I)

Injuries including incomplete permanent damage, limitation of movement and/or severe migraines.

Around £139,210

Severe Neck Injury (II)

Serious fractures or injuries to discs in the cervical spine which cause disabilities less severe than those listed above, but lead to limited movement of the neck or one or more limbs.

£61,710 – £122,860

Severe Neck Injury (III)

Injuries such as fractures or dislocations, or serious soft tissue damage and/or ruptured tendons which lead to permanent disability.

£42,680 – £52,540

Moderate Neck Injury (I)

Fractures or dislocations causing immediate symptoms and which may require spinal fusion. Includes soft tissue injuries to the neck, and injuries which limit function or leave the victim vulnerable to further trauma.

£23,460 – £36,120

Moderate Neck Injury (II)

Soft tissue or wrenching-type injuries, or severe disc lesions resulting in cervical spondylosis, limitation of movement, permanent or intermittent pain, stiffness or discomfort. Includes injuries which exacerbate existing conditions for a period of five years or more.

£12,900 – £23,460

Moderate Neck Injury (III)

Moderate soft tissue damage which has taken months or years to heal. Accidents which have worsened an existing injury for a shorter period of time, usually less than five years.

£7,410 – £12,900

Minor Neck Injury (I)

Where a full recovery is made within one to two years as a result of soft tissue damage.

£4,080 – £7,410

Minor Neck Injury (II)

A full recovery is made within several months to a year as a result of soft tissue damage.

£2,300 – £4,080

Minor Neck Injury (III)

A full recovery is made within a few months as a result of soft tissue damage.

Up to £2,300

Can you make a claim if you were not wearing a seatbelt?

Wearing a seatbelt in the car at the time of travel is very important and something that should be done. However, in the case that you did not have it on, you are still able to claim for compensation.

However, the amount of compensation you would receive will be reduced depending on how much the judge believes you not wearing your seatbelt impacted towards your injury.

So as an example, if you were not wearing a seatbelt at the time of an accident, but the judge believes you would have received the same injuries regardless of wearing a seatbelt or not, you would receive your full compensation.

However, if the judge believes your injuries would have been less if you had the seat belt on, then it is likely our compensation will be reduced.

Claiming compensation for whiplash at work

The most common form of whiplash related injuries are associated with car accident however, they can also be caused in other ways. Examples of other forms of whiplash related injuries can be an unfortunate slip or fall of the road, store or building. An object falling onto you which was no fault of your own is another example where whiplash could be diagnosed. 

You can suffer an unfortunate injury at work due to no fault of your own for which your employer could have be negligent for. If this unfortunate circumstance occurred where your employer was at fault for your injury, you could make a claim for compensation against them and our expert personal injury lawyer could help you with the process. 

For any employer, it is their duty to make sure all steps and safety measures are in place so their employees are in a safe environment. Training should be provided by the employer for jobs where specialist manual handling is involved.  Under Health and Safety work regulation 1999, the employer should also carry out regular risk assessments to make sure the right precautions are being taken. Sadly, despite this, an unfortunate incident can occur where the employer is liable for the injury sustained.

As a claimant, you may be concerned of suing your employer for personal injury fearing they may dismiss you from your role at the company or treat you different as a result. But this is something you need not worry about – it’s actually against the law for an employer relieve you of your job or treat you differently due to a pending claim against them. All employers are covered by employers’ liability insurance and the compensation would be paid by them and not employer directly. So do not be overly concerned about that. Of course, if you  have any further questions, we are here to help.

Can you make an additional claim for the same accident if your injury persists?

In a nutshell, no. If your claim for injury has been settled and final settlement made, then that would be the end of the matter. Your solicitor will usually ascertain the extent the injury has affected your day-to-day life and also in the future and then process the claim for you. From the date of the accident, you have a three-year time limit to claim as set out in the Limitations Act 1990.

Whiplash injuries tend to appear quickly after the accident. In some cases, the same day so it’s best to get in touch with regards to claiming while the information is fresh in your mind. There have been certain cases where the claimant has waited quite a while before deciding to proceed with a claim only to have forgotten information which would have been important in settling their claim.

Steps you can take in helping us with your whiplash claim?

Your injury specialist solicitor will carry out most of the work on your behalf in order to make this process hassle free for you.

But of course, upon an incident it is vital you manage to gather all information possible at the scene as you are the one who is able to get this. For example:

  • Take all details down of any potential witnesses
  • Call the police on the spot and get a reference number to confirm the accident
  • Take photographs off ALL vehicles involved showing the damage as well as the surrounding area
  • Make sure you seek medical attention by either visiting the hospital or your GP
  • Keep a record of all out-of-pocket expenses you may have had to pay and keep all receipts so these too can be potentially recovered for you as part of your claim

Get in touch with a trained legal adviser today 0203 813 9654 or submit a simple online claim form via our website in order to begin the claims process.

Why you should avoid making your claim for personal injury directly with an insurance company

This is something we strongly advise against. Insurance companies are known to have claims settled as early as possible. Now on the face of it, as the claimant, this sounds great, quick and easy. However, insurance companies are known for offering a minimal settlement. Way less than what a personal injury solicitor could get for you. So as appealing as it is knowing your claim will be paid out for in a matter of weeks; chances are you will be offered half the amount, if not less, than what a specialist injury solicitor could get for you.

A specialist personal injury solicitor has years of experience in tackling insurance companies when it comes to settlements for clients and out forward the strongest claim on your behalf in order to get the highest settlement possible.

In the case where an offer made by the insurance company is not considered to be sufficient,  the solicitor will proceed the case to be taken to court in order to win you the full amount you deserve.

How your solicitor goes about making a compensation claim on your behalf?

If the compensation claim is between £1000 and £25,000, your claim will be dealt with through a pre-action protocol such as the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents/Protocol for Personal Injury Claims.

For compensation claims where the amount is greater than £25,000, it will be dealt with outside this low value procedure. The solicitor and the other side will then have to work on a strict schedule set by the court with the aim of completing the claim as soon as possible.

The government is planning reforms to limit the amount of compensation payable for whiplash claims and increasing the small claims limit due to so called ‘fake’ claims. These changes are expected to come into place sometime in 2020 and will see:

  • whiplash claims banned without medical evidence;
  • set compensation amounts
  • a rise in smaller claims limit for road accidents between £1,000 to £5,000.

If you have had an accident and had an injury then contact our friendly team today on 0203 813 9654  or simply fill out our contact form and we will call you back as soon as possible

Call us 0203 813 9654 today and see how we can help you.
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  • * I have read, understood and agree to the Terms Conditions and Privacy Policy
  • * Information on how we handle your data is on our Privacy Policy
    Disclaimer All our calls are recorded for training and monitoring purposes. Claim Line 365 is regulated by the Financial Conduct Authority. Registration recorded on FCA the website https://www.fca.org.uk. We charge our solicitors for the marketing and operational services we provide, and these costs are not passed on to our customers.

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