Whiplash Compensation Claims

What is Whiplash?

What are the symptoms of whiplash?

What should I do if I have whiplash?

What types of accident lead to whiplash?

Should I claim for whiplash?

The whiplash claims law change

Whiplash scams

Claiming for whiplash – what should I do next?

Will I have to attend court as part of my whiplash compensation claim?

How much will it cost me?

How long after an accident can I claim for whiplash compensation?

Starting the claims process

What is Whiplash?

UK Whiplash claims have become the focus for the brunt of everything that is perceived wrong with personal injury claims, to the extent that many of the thousands of real cases of this painful condition go unclaimed for – the victims shamed into acting that they’re not injured at all.

But whiplash is real, and allowing those few who try to abuse the industry to diminish your own suffering is not right.

If you have suffered a whiplash injury from an accident that was not your fault, then you are entitled to claim for financial compensation.

Whiplash Defined

Whiplash is a type of neck injury that is caused by the sudden movement of the head – the soft tissues in the neck become stretched or damaged and though the condition can heal quite quickly for some, for others it can lead to worse pain for some time.

It is quite common in car accidents due to your body being restrained by the seatbelt, while your head is free to move. When an impact occurs, the head can whip back and forth, thus causing the injury.

What are the symptoms of whiplash?

It can take a few hours for the signs of whiplash to occur after your injury.

In the case of a car accident, it is quite reasonable to assume that a victim of whiplash would casually say they were ‘OK’ at the scene, to discover later at home that they are suffering from pain due to the condition.

How do you know if you have whiplash? The symptoms include:

  • Neck pain
  • Tenderness in the neck area
  • Stiffness in your neck
  • Difficulty in moving your head around
  • Muscle spasms in your neck area
  • Pain in or around your shoulders
  • Pain in your arms
  • Headache
  • The feeling of pins and needles in your arms or hands
  • Dizziness
  • Tiredness
  • Irritability
  • Loss of memory
  • Difficulty concentrating

What should I do if I have whiplash?

If you have been involved in an accident that could cause whiplash and find yourself suffering from any of the conditions associated with the injury, then you should immediately see your GP.

If your accident was not your fault, then you may want to make a whiplash injury claim – if this is the case, then you have you will need medical proof of the condition, so visiting your GP as soon as you are worried can help a lot in determining your claim’s success and also your chances of receiving more than the average claim amount for whiplash.

What types of accident lead to whiplash?

While the most common accident that can cause whiplash is a road traffic accident, any accident which causes a sudden jolt to the head can also lead to the condition.

If you have had an accident that was not your fault, then you can claim for whiplash – it isn’t limited to car crashes!

Some other situations that can lead to a substantial whiplash claim amount include:

  • A sudden impact to the head or body during sports, such as rugby.
  • A slip or fall.
  • Being struck on the head by a heavy object, for example due to a machine-related incident at work.

Road traffic accidents themselves are also not limited to drivers and passengers of cars – pedestrians and cyclists are also often victims of whiplash and they are entitled to claim.

Should I claim for whiplash?

If you have been involved in an accident that was not your fault, then you are entitled to a financial award to compensate for your damages, loss of earnings and other expenses.

If you have suffered from whiplash, then it is perfectly reasonable for you to ask for the highest amount of compensation a claims court will offer.

What is the average settlement for whiplash? How much can I claim for a whiplash injury?

Because the level of suffering varies greatly in cases of whiplash, the whiplash claim process can result in very different final compensation awards.

When determining how much you can get for pain and suffering after a car accident, for example, the court will need to look at the length of time the whiplash has affected you, and whether it has prevented you from working.

With so many factors to consider, the courts have awarded figures from a few hundred to many tens of thousands of pounds. Your case, however, will be individual and will need analysis before a reasonable estimate of compensation award can be given.

The whiplash claims law change – can you claim for whiplash in 2018 and beyond?

In March 2018, a proposal was made to change the law regarding whiplash claims in the UK to combat many of the less scrupulous claims happening (where scammers were falsely claiming to be suffering from whiplash without medical evidence in order to secure sizable compensation).

This included a cap on whiplash payouts and a requirement for clear medical evidence among other alterations.

However, the motion has been delayed for re-evaluation in 2020, meaning that any changes won’t take place for a couple more years.

Whiplash scams – what are they and how do I protect myself?

A number of con professionals have seized upon the difficulty in proving and disproving whiplash injuries as a way to obtain money from car insurance companies - by pretending to be sufferers of the injury when they are completely well.

These ‘crash-for-cash’ claimants will put themselves in a position to force a minor car collision that was seemingly ‘not their fault’ and then declare that they are suffering from neck pain and other whiplash symptoms as a consequence.

As drivers, it is important to drive with care to avoid such tricks.

Con artists attempting this scam will:

  • Suddenly brake in order to force a collision with the car behind them – usually in very slow-moving traffic to avoid actual injury.
  • Remove their brake lights so that there is no warning for the car behind them when they stop.
  • Flash their lights to indicate that you can go before them, only to act as if they didn’t and then crash into you.

It is important to remain vigilant to prevent these fake whiplash claimants – make sure you always leave adequate distance between you and other cars to avoid a sudden forced collision (especially in heavy traffic) and keep your attention on the road around you at all times.

Remember – a whiplash scammer isn’t just going to get a good claim for themselves, they are also going to cause your car harm, increase your insurance costs and make you lose your no-claims discount (or no claims bonus), and potentially cause real injury for you and your passengers.

Claiming for whiplash – what should I do next?

If you are suffering from whiplash because of an accident that was not your fault, then call use at Cute Injury today.

We are specialists in pursuing compensation claims from accidents of all types and are specialists in obtaining high levels of financial award for injuries that have occurred in accidents that were not your fault.

If you have not already seen your GP, then we will arrange for you to have a medical check-up. In whiplash claims, it is especially important that you obtain a doctor’s note/record that states you are a suffering from an injury.

For reasons explained above, the courts are becoming ever-more vigilant in weeding out false whiplash injury claims and for a completely valid claim to be successful, the more medical evidence you have, the better.

Once we have assessed your claim, we will pass you on to our team of solicitors who are specialists in whiplash injury claims, and they will take your case through to completion.

Will I have to attend court as part of my whiplash compensation claim?

The personal injury claim settlement process does sometimes involve a court appearance in the final stages – however, the vast majority of injury compensation claims are settled out of court by the solicitors on both sides.

As experts in their field, our personal injury lawyers are able to make a full and proper assessment of the situation using many of the same guidelines that a court would use, and will attempt to resolve the proceedings without the further expense of a full court hearing.

Of course, if there are enough complications that an out-of-court agreement cannot be reached, then the court exists as a final line to make a definitive legal decision and award the correct level of financial compensation.

How much will it cost me to claim for compensation?

Nothing! At Cute Injury we work on a No Win No Fee basis because we believe that everyone, no matter their financial situation or background, is entitled to top-quality legal representation when they are suffering a situation not of their making.

Through our No Win No Fee system, we recoup our costs from the liable party and never from you, meaning that when you win, so do we!

This collaborative relationship also helps ensure that our personal injury team work on your case with 100% commitment. Once your case is won, we take a small commission from your final settlement value for our hard work.

There are no hidden fees and no small print designed to confuse you or anyone – if we cannot win your case for you, then it isn’t going to cost you a single penny!

How long after my accident can I claim for whiplash compensation?

All personal injury claims must be made within three years of the injury occurring.

If your whiplash injury was within the past three years, then we can help – however, if a long time has passed and you did not see your GP at the time then it may be difficult to get suitable medical documentation to support the claim. Either way, still get in touch as we may be able to help you.

How do I start the whiplash claim process?

Give us a call at Cute Injury today, or if you prefer, simply fill in our contact form and one of our expert advisors will call you back at a time convenient to you.

Our specialists are friendly and fully understand the nervousness that can sometimes come with initiating a compensation claim – they’ll discuss the details with you and give you the confidence to get the financial compensation you deserve.

CALL US FREE ON 08000 10 60 66 or use our CLAIM CALCULATOR

Cute Injury can help you begin your potential claim, get in touch with us today

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