Can I Make a Whiplash Claim?

Regularly associated with road traffic accidents and falls, whiplash is an injury that is recognised to be one of the most common reasons for a person to claim personal injury compensation. Whiplash can vary in severity and present a number of different symptoms, but its impact on a patient's ability to carry out normal activities can be significant.

Sufferers of whiplash may need lengthy amounts of time off work to recover, may not be able to carry out their normal duties, can have emotional implications and suffer loss of earnings. The psychological, physical and financial consequences of a whiplash injury can be far reaching, and so compensation may be vital to ensure that a victim recovers quickly and suffers as little possible.

If you have been the victim of an accident or injury that resulted in whiplash, you may be entitled to claim compensation if you can prove that your injury was the result of another person's negligence. An experienced personal injury solicitor can help you pursue your claim and negotiate the maximum amount of compensation based on your injury and losses.

The following guide explains whiplash claims in more depth, explaining when a claim may be appropriate, what is needed and what your settlement award might be.

What is whiplash?

Whiplash is the term given to a range of injuries of the neck and back. The most common cause of a whiplash injury is an unexpected and sudden movement, such as being thrown forward in a car crash or a sudden jolt when falling. The swiftness and inability to prepare for these jolts causes soft tissue damage in the neck, back and head and this can lead to significant pain and mobility restrictions.

There are a number of additional symptoms that people with whiplash might suffer, some of which are not well known. Some whiplash victims report symptoms including:

• Pain and mobility issues in the neck, back, head and arms
• Dizziness
• Numbness in the arms
• Disturbances to vision
• Fatigue and lethargy
• Hearing disturbances including ongoing ringing in the ears
• Shoulder pain
• Jaw pain
• Headaches

Your solicitor will require a thorough understanding of your symptoms and the severity of each one. The more severe your symptoms and suffering are, the higher the compensation award offered to you will be. Some whiplash symptoms are immediate, whereas others may only become apparent hours, days or even weeks after your accident.

Am I eligible to make a claim for compensation following a whiplash injury?

For you to be eligible to make a claim for compensation for a whiplash injury, you must be able to satisfy the following criteria:

• The cause of the injury must have been an accident that was the cause or responsibility of someone else.
• You must have suffered from whiplash as a direct result of the accident
• The accident should have taken place within the last three years or, if you were under the age of 18 at the time of the accident, the claim must be made within three years of your 18th birthday.

If you meet the above criteria, your solicitor will be able to work with you to build a case against those responsible for your injuries and seek to secure the highest compensation award possible.

Common Causes of Whiplash Injuries

There are a wide variety of different incidents and accidents that can result in a whiplash injury. Some of the most common causes of whiplash claims include:

Car Crashes and Road traffic accidents

The most common cause of whiplash and whiplash compensation claims are road traffic accidents. The jolt suffered by the body when a car is hit by another one can be severe. As most car accidents occur without warning, victims have no time to prepare their positioning to counteract the force. This means that significant soft tissue damage can be caused and a victim can suffer from severe pain and movement restrictions.

Falls and Slips

Similarly to car accidents, the violent jolt of the body when a person slips, trips or falls can cause severe whiplash. Even an incomplete fall where you can stop yourself from hitting the ground can result in whiplash as bracing the body after the slip can result in damage to the back, neck and shoulders.

Injuries from Sport

Sporting injuries are common occurrences and depending on the level of force, whiplash injuries can be serious. Receiving a forceful tackle in rugby or a blow to the head in football, for example, can cause extensive tissue damage to the neck.

There are many other causes of whiplash, and effectively, any situation that could result in a blow to the head or a jolt to the body is a situation that poses the risk of whiplash. If it can be proven that somebody else's negligence caused your whiplash injury, you may be in a legal position to claim compensation for your suffering and losses.

How much compensation can I receive for whiplash?

The amount that you receive in compensation following a claim for a whiplash injury will depend upon your personal circumstances. Your solicitor will work with you to demonstrate the level of your suffering and any associated losses to secure the highest compensation award possible.

When negotiating the settlement that you should receive, the solicitor will consider factors such as:

• How severe your symptoms are
• How long you have suffered for
• Financial losses if you needed time off work. Many victims of whiplash are not able to continue with their normal daily activities and if you have lost earnings because of your injuries, the solicitor will look to recover these for you.
• Cost of medicines and treatments. If you have had to pay for any prescriptions or treatments such as physiotherapy to help your recovery, your solicitor will request evidence such as receipts and invoices and will seek to ensure that your settlement figure reimburses you for these costs.
• Care costs. If you have needed the care of a friend or relative throughout your recovery, your solicitor will try to negotiate this expense into your settlement. This could include any loss of earnings that they suffered or any costs they incurred to look after you.
• Transport costs. If you have needed to pay for any transport to get you to and from medical appointments, treatment providers or because it is too painful for you to drive to continue your normal duties, your solicitor will seek to recover these losses.

To secure you the highest compensation award, your solicitor will gather as much evidence as possible to demonstrate how you have suffered as a result of your whiplash injury. You will be asked to have a full medical examination and to provide information about how your injury has impacted on your daily life. Your solicitor will gather evidence of all losses and suffering to ensure that you receive the highest settlement award available.