Whiplash Injury Claims
Looking for information about whiplash injury claims? Read our free guide below to understand everything about whiplash what you should if your suffering.
Whiplash is a common injury following a car accident, although you can develop whiplash from a wide variety of accidents where the body and the head are moving at different speeds. Whiplash is a painful injury of the muscles, tendons and ligaments of the neck and shoulders. It can take several months to fully heal and may require attention from a physiotherapist or other medical professional to ensure a rapid and complete recovery. Making a whiplash injury claim can be stressful and time-consuming and it is important to get the best possible help to ensure that you receive the right amount of compensation for the accident or injury you have suffered. Call us on 0121 565 4317 or claim online to discuss your claim and find out how much compensation you may be entitled to in your whiplash injury claim.
What Is A Whiplash Injury?
Whiplash is an injury predominantly to the muscles of the neck and shoulders, caused by the head moving faster than the rest of the body. Medically whiplash is called cervical acceleration-deceleration (CAD) syndrome, as it is caused by the head and neck accelerating quickly and then stopping suddenly. The majority of people who have developed a whiplash injury recover within 3 months, but for some people it can take much longer and there may be serious complications.
4 Common symptoms of a whiplash injury range from mild to severe. They include:
- Neck pain. This can be a dull ache all of the time or may be a sharper pain that is associated with specific movements. Often the pain can be worsened after a period of not moving.
- Headaches. Whiplash headaches can be very painful and are often localized towards the back of the head, although others do feel them in the forehead, behind the eyes or all over the head. These headaches may be relatively mild, treated with over the counter painkillers, or they may be incapacitating making it impossible to think clearly, travel or work. Similar to other symptoms of whiplash, these headaches usually last up to three months but can persist for years in the worst cases.
- Difficulty moving the head and neck. Following an accident leading to a whiplash injury, many people find that they have difficulty moving their head and neck. This can either be an actual inability to move, or pain and stiffness meaning that you try to avoid those kinds of movements. Not being able to move your head and neck can be deeply inconvenient, often making it unsafe to drive or cycle. When you recover enough that you regain your normal range of movement, you may still find that fast movements of the head cause pain or may leave you mildly disoriented.
- Pain in the shoulders and arms. Although whiplash is mostly thought of as being problems with the neck and head, the pain and movement difficulties can also be in the shoulders and arms. Having pain in such a large area of the body can be debilitating, especially over what can be quite a long period of time.
Common Whiplash Injuries And Causes
Whiplash injuries are relatively common, especially in the more mild forms. The most common way in which people develop whiplash injuries is on the road, whether as a driver, passenger, pedestrian or other road user. Higher speed impacts usually lead to more severe whiplash injuries, although this is not always the case. Any other accident where it is possible to have a sudden forward and backward movement of the head can lead to whiplash. This could include:
- Playing sports such as football or rugby
- Falls, whether from a height or as part of an activity such as horse riding or climbing
- Jarring impact to the head or body from contact with fast moving machinery
- Being the victim of an assault where you fall to the ground or suffer an impact to the head or torso
How Much Compensation Am I Entitled To As Part Of My Whiplash Injury Claim?
The amount of compensation you might be entitled to as part of your whiplash injury claim depends heavily on your own personal circumstances. There are two different factors that impact how much compensation you receive. The first is based on the injury itself. The Judicial College has put in place guidelines showing how much compensation would normally be awarded for different types of injuries, including whiplash. These have wide ranges, to allow for the precise nature of your whiplash injury to be taken into account. Claims for the pain and suffering from your whiplash injury can be expected to be between £300 and £1950 for a whiplash injury which heals fully within a few months. This can rise to over £6000 for whiplash injuries that take between one and two years to heal. Larger sums may be appropriate if the injury lasts longer than two years or is permanent.
The amounts set down by the Judicial College only cover the pain and suffering from your whiplash injury. If you are unable to work, for example, you would also need to be compensated for any lost earnings. Similarly, if you are unable to drive and have increased travel costs as a result of this, you could be entitled to claim these costs in your whiplash injury compensation claim. Remember, the compensation is there to make sure that you do not lose out as a result of your accident and injury. Any costs you incur as a direct result of your accident or injury can be included in your whiplash injury claim.
Is It Difficult To Start A Whiplash Injury Claim?
The idea of going to court to ask for compensation after your accident or injury can appear daunting. Our expert team of personal injury solicitors are able to handle almost all of the paperwork and negotiations, leaving you free to concentrate on getting better.
To start your whiplash injury claim, call us on 0121 565 4317 or claim online. We will talk through the details of your accident with you and make sure that we understand your circumstances and what has happened to you. It’s important that we understand the impact your accident has had on your life to ensure that we get you the best compensation offer.
As part of this conversation, we will let you know whether we are able to offer our fees on a no win no fee basis in your case. Pursuing your claim on a no win no fee basis means that you do not risk having expensive legal bills if we are unable to get you the compensation you deserve. If we are unable to offer you a no win no fee agreement for your whiplash injury compensation claim, we will still talk through the variety of funding options we have available to allow you to get justice for your accident.
Once you have signed an agreement with us, we are able to act on your behalf and write to the other parties involved in your accident, asking them to accept that they were at fault in your accident (this is known as accepting liability). If they refuse to accept liability, there is no need to worry. We will collect the evidence to support your claim. Once liability has been agreed, we will also negotiate the amount of compensation you will receive (this is known as the settlement). We will let you know every offer the other party make to settle your claim and advise you as to whether we believe that it is a fair offer given your circumstances. Although we offer advice about the offers you receive, the final decision as to whether to accept an offer of compensation will always be your decision.
The vast majority of whiplash injury claims are resolved without the need to go to court. In the unlikely event that it is necessary to go to court to obtain justice for your injury, we will be with you throughout the process, making sure that you understand each stage of the journey and giving you the confidence and support you need to put forward your best case.
What If I Can’t Afford To Make A Whiplash Injury Claim?
We want you to be able to pursue your whiplash injury claim without worrying about the cost. This is why we offer our services on a no win no fee basis to the majority of our clients. A no win no fee agreement allows us to act on your behalf without you making any up front payments. We only take our fees when we get you the compensation you deserve and, if we are unable to secure a settlement for you, we won’t take a penny. This means that you are able to access justice for your whiplash injury without risking expensive legal bills.
If you have had an accident that wasn’t your fault, whether at work, on the roads or in a public place, and sustained a whiplash injury, call us now on 0121 565 4317 or claim online to find out whether we can offer you a no win no fee arrangement to get you the compensation you need to get your life back on track.