Making a Claim for Whiplash
If you have been in an accident which was not your fault and suffered whiplash injuries, you may be able to claim compensation. Whiplash is not always caused by a road accident, anything that involves your neck being pushed backwards and forwards at high speed can result in the injury occurring. This movement can cause damage to the muscles, ligaments and tendons in the neck which can result in long-term pain and discomfort.
What are the symptoms of whiplash?
Whiplash can bring on a variety of symptoms which can range from mild to severe. They include:
- pain or stiffness in the neck
- headaches
- pain in the arm or shoulders
- muscle spasms
What should I do if I believe I have suffered whiplash after an accident?
The first thing you should do if you believe you have suffered whiplash is to seek medical attention. Make sure you obtain a report from your doctor detailing the extent of your injury.
To make a successful claim for whiplash, you will need to show that the person or company who caused your injury;
- their breach caused you damage
- owed you a duty of care
- breached their duty to you
Therefore, you must document as much as possible at the time the accident occurred, or if this is not possible, shortly afterwards.
For example, if your whiplash was caused by a rear-end shunt you should try and take photographs of the accident scene, get the names and addresses of any witnesses and contact the police.
How do I start the claims process?
The first thing to do is contact a lawyer who can represent you. He or she will send a letter to the defendant, outlining your intention to make a claim and the facts of your case.
Will I need to go to court?
It is unlikely that you will attend court as the vast majority of whiplash claims are settled through negotiation.
How much compensation will I receive?
The amount of compensation you will receive depends on a number of factors, including the severity of your injury and the level of harm it has caused to your life. For example, you may have had to take time off work to recover from your whiplash injury or attend medical appointments.
Will I be able to make a claim on a ‘no win, no fee’ arrangement?
There is no legal aid available for individuals wishing to make a personal injury claim; therefore, many law firms offer a ‘no win, no fee’ payment option. This means that you only pay your solicitor if they win compensation for you. The amount you pay will be made clear to you before you begin your claim.
If you wish to make a claim for a whiplash injury, then you need to get in touch with an experienced personal injury lawyer who can start the process off for you as soon as possible.