Claiming for Whiplash

Posted by The Popular News Today on Monday, June 27, 2011

By Adam Deane


Whiplash is a specific neck injury, so called because it is sustained when the head is jerked violently, either forwards and backwards or from side to side. The injury itself is damage to the tendons and ligaments of the neck and can lead to a number of different symptoms. Nearly all sufferers complain of pain and stiffness in the neck, but the symptoms can also extend to tingling in the fingers, back pain and loss of feeling in the arms. If you are suffering from any of these symptoms, you may be entitled to make a whiplash claim.

Car accidents are often to blame for whiplash injuries. Although seatbelts do what they were designed to do, i.e. keep the body from being thrown about the vehicle, the head can still 'whip' backwards and forwards, leading to neck damage. When a person has suffered in this way, they may be considering claiming whiplash compensation but are unsure as to whether or not they can.

The underlying principle is that if you are injured in an accident that was not your fault and you suffer an injury as a result, you may be entitled to make a whiplash claim. Although the injury need not be severe, it is unlikely that mere cuts and scratches would form the basis of a claim. Any of the no win no fee solicitors available would be happy to give advice as to your claim's eligibility.

A good way to find the right solicitor is to go through a claims handling company. These companies have a vast number of solicitors on their books and will be able to find the solicitor best suited to deal with the claim in hand. The solicitor will then be able to give their client an indication as to how much their whiplash compensation is likely to be.

The amount of whiplash compensation that may be received will not just be for the injury itself, but will also cover reasonable costs incurred by the claimant that have arisen as a direct result of the injury. These costs could include loss of earnings, childcare or transport costs or even private medical costs. The solicitor handling the case will do their best to ensure that their client receives the maximum amount of whiplash compensation payable.

Not all whiplash claims go to court. If the defendant admits liability and the amount of whiplash compensation can be agreed through negotiation, then the matter can be fairly easily resolved. In the case of the defendant not admitting liability, or the parties failing to agree on a compensation amount, then the courts need to be consulted.

A good solicitor will take advice from their client at every stage and will be able to explain fully the process involved in a court case. The time a whiplash claim takes to get to court depends on the number of other cases waiting to be heard, so there is no definite timescale. Once at court, the judge will hear the facts of the claim and will make a decision based on this. If the claim is successful, the judge awards an amount to the victim.
This amount could be greater or lesser than any amount originally offered by the defendants.

Whiplash claims are common and the process is easily dealt with by the professionals, so there is no need to be apprehensive about beginning a claim if you have suffered a whiplash injury. No win no fee means that finance should not be an issue, as claims are heard based on their merit and whether or not they have a reasonable chance of success. If you have suffered an injury such as this in the last three years, then you should seek advice as to whether or not you are entitled to claim.




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