Whiplash is a neck injury caused when the head is thrown backwards, forwards or sideways with a force so sudden and severe it stretches or damages the tendons and ligaments in the neck. This injury claim is most commonly associated with road traffic collisions but these are of course not the only cause. Whiplash can also be caused as a result of a blow to the head while playing contact sports, being struck on the head by a heavy, solid object or a fall where the head is jolted forwards or backwards with a sudden, severe force.
If your whiplash injury was caused due to someone else’s fault, you may have sufficient grounds for filing a whiplash claim.
Symptoms And Consequences Of Whiplash Injuries
Symptoms of whiplash could include any one or a combination of the following:
- Stiffness or pain in the neck
- Restricted movement of the neck and upper back
- Muscle spasms
- Tenderness or swelling of the neck muscles
- Nagging headache
- Blurred vision
Whiplash affects people in different ways. Everyone does not necessarily suffer from all of the symptoms listed above. Some people may experience mild neck pain and stiffness for a few days or a couple of weeks whereas others may suffer excruciating pain and muscle spasms, and still others may experience reduced range of movement in the neck. In severe cases, the symptoms may go beyond just physical. People suffering from whiplash may also suffer from emotional and psychological problems such as anxiety and depression.
Another important aspect about whiplash symptoms is that they may not always manifest immediately. It can take about 6 to 12 hours or even longer for the symptoms to become noticeable.
One Whiplash Claims Is Different To Another
Because of this vast variation in the type of symptoms, their severity and their duration, every whiplash claim is unique and is treated uniquely with regards to the amount of compensation you may be entitled to.
The amount of compensation you can expect to win when you file a compensation claim for a whiplash injury will depend primarily on the severity of the injury and how much it impacts your quality of life. Other factors that will affect your total compensation include your actual expenses for treatment and any other actual losses that you may have incurred as a result of your injury. This covers loss of income if you are forced to take absence of leave from work in order to recover fully from the injury.
You may also be able to claim compensation for other non-financial losses such as having to give up your pastimes or hobbies because of your injury.
Making a Whiplash Claim – 3 Factors That Are Vital To The Success Of Your Claim
1). Whiplash is not a visible injury. Moreover, the symptoms are hugely variable. This means you cannot simply state that you have sustained a whiplash injury after an accident. Getting a doctor’s certification stating the diagnosis and prescribed treatment will act as compelling proof of your injury. For this reason it is important that you consult with a doctor immediately after sustaining any injury where you suspect that you may have a whiplash injury.
2). The second factor that is vital to the success of your claim is to hire an experienced personal injury solicitor to fight the claim on your behalf. Personal injury claims are fraught with loopholes that could jeopardise your case if you try to fight it yourself. Moreover, when you go to one of our solicitors, your case will be handled on a No Win No Fee basis, which means you pay the solicitor only if they win the case for you. The solicitor will do due diligence to assess the merits of your case and will take it up only if you have a strong case so your chances of winning are very high.
3). The third is the time factor. You have to file your whiplash claim within 3 years of having sustained the injury. After three years, you lose the right to claim. 3 years may seem like a long time away but it isn’t. It takes time to gather all the evidence, contact witnesses and put together a compelling case. Besides, you will have other commitments you need to attend to. The sooner you contact a personal injury solicitor, the sooner you can file your case and receive the compensation to offset all of your expenses. Consulting a solicitor as soon as possible is crucial.
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