Whiplash injuries are extremely common, and one of the main reasons why they occur is because of car crashes. Have you had the misfortune of being involved in a car crash? If so, and it was not your fault, you will be entitled to compensation for the whiplash injury you have experienced. This post aims to provide further information on this. So, keep on reading to find out all you need to know…
Whiplash is an injury that can range from mild to severe while people suffer a whole host of symptoms because of it. This injury occurs when there is a vigorous jolt to the head, which is why a lot of people suffer whiplash when they have been involved in a road traffic accident. This type of involuntary and sudden movement can cause damage to your neck, namely to your tendons and ligaments. This is why a lot of victims suffer from pain in their neck, shoulders, and head, as a result, as well as stiffness. Nevertheless, the severity of whiplash can depend on a number of factors, such as the position of the seats, the angle of impact, the weight of the cars involved, and the speed of the cars involved.
One vital thing to note is that whiplash is an injury that can often take a while to present itself, which means that you may feel fine after the crash. However, do not let this deter you from seeing a doctor. You need to be checked out thoroughly to ensure any potential injuries do not get worse.
First of all, you will want to determine whether you have grounds for making a personal injury claim. In order to do this, all you need to do is ask yourself the following three questions…
- Did the car crash occur because of someone else’s error?
- Did the whiplash injury result in you seeing a medical professional?
- Did the car crash happen within the last three years?
If you can answer yes to those three questions, you can feel confident that you are likely to get compensation.
However, there are a lot of people that do not claim. People are often shocked to discover that there is a startling number of people that would have been entitled to compensation, yet they never claimed in the first place. There are three key reasons why this is the case.
- The Hassle – First and foremost, one of the main reasons why people never make a personal injury claim is because they believe it is going to be a long, stressful and drawn out process. They don’t want to go through all of this, especially when they are coping with the injury itself. However, it is worth pointing out that very few cases (less than three per cent) actually end up in a courtroom.
- The Costs – Aside from this, another reason why people do not make a claim for a whiplash injury is that of the costs. They assume that it will cost them a small fortune to hire a solicitor, and then what happens if your claim is not successful? All that money would have gone down the drain. This is why it is advisable to go for a No Win, No Fee solicitor. If you do this, you will not need a penny to begin your claim and financial risk is eliminated.
- The Unknown – Last but not least, the final reason why people do not claim for the whiplash injury they have sustained is that they don’t actually realise they have the basis for a compensation claim in the first place. Generally, you merely need the following to be true for your claim to be a success – the incident was not your fault, it occurred in the last three years and you saw a medical professional for your injuries.
So, whom will you be making your personal injury claim against? Well, this actually depends on the circumstances of the crash you were involved in. if you were driving, a pedestrian or a cyclist, you will make the claim against the insurance company of the person that was driving the other vehicle. However, if you were the passenger in a vehicle that caused the crash, you will be making the claim against the insurance company of the person that was driving the car you were in.
When it comes to making a claim for whiplash, there are a few things that people do not always know. This includes the following…
- There is a time limit – A lot of people do not realise it but there is actually a time limit when it comes to making a personal injury claim. In almost all cases this limit is three-years. The only time there is an exception is when an injury takes a while to show or it is something that has occurred over many years, such as an industrial illness. However, this very rarely applies to a whiplash injury, so you can assume that you have three years to make your claim. But, please note that court proceedings must be issued within this period.
- You can’t claim if you haven’t seen a doctor – When people suffer a minor whiplash injury they are often tempted to bypass a visit to the doctor. After all, it’s not exactly the most pleasant place to visit, is it? However, if you do not see a medical professional you will struggle to make a claim, as there will be no proof of the whiplash injury.
- There are two types of compensation – Last but not least, did you know that you will receive two types of compensation? Firstly you will be compensated for the injury itself, i.e. the suffering you have experienced and the impact it will have on your everyday life. However, you will also receive compensation for any expenses you have experienced because of the whiplash injury, such as medical costs and travel expenses.
How much money will you be entitled to?
It is difficult to put an exact figure on it. Whiplash cases differ dramatically. Some people make a full recovery within a matter of weeks, for others it takes years. So, it all depends on the specifics of your case. Yet, you should know that compensation is based on the level of suffering you have endured. Plus, you can also claim for any expenses you have encountered as a result of the whiplash injury.
Of course, your solicitor will be responsible for getting you the amount you deserve, however, there are details that you can get to ensure you get as much money as you can. Read on to discover what these are…
- Contact Details – First and foremost, it is important to try and get the contact details of anyone that was there when you suffered the whiplash injury. Firstly you will want the details of the person who caused the incident. So long as they haven’t fled the scene this should not be a problem. However, don’t forget to get the contact details of witnesses as well. Their statements can prove to be extremely beneficial.
- Details Of The Accident – Aside from this, it is always advisable to find a spare ten minutes after the accident to sit and write down exactly what happened. When the incident is fresh in your mind you will remember more. This allows you to have an account to refer to should you need it later down the line.
- Professional Comments – If a case is difficult to prove because it’s hard to prove fault, you may want to enlist a professional from a driving school or somewhere else held in high regard to provide their expert opinion on what caused the crash and who is to blame.
- Medical Documents – If you are to make a successful claim, you have suffered you will need to have proof that you have ended sustained whiplash. This is why it is so important to make sure you visit a doctor, even if your injuries seem minor.
- Proof Of Expenses – Last but not least, the final piece of the puzzle is proof of expenses. You need to keep receipts of any costs you have experienced. This can be anything from medical costs to childcare expenses. You need proof so that you can claim for these expenses and ensure they are covered in your compensation amount.
Hopefully, you now feel like you have everything you need to know about making a whiplash claim. From the process involved to the compensation you may receive, there is a lot to process. However, this can be a good starting point if you feel like you are entitled to compensation.