Whiplash Injury Compensation
Whiplash is a type of injury that is most often caused as a result of being involved in a Road Traffic Accident – however it can be caused by trips and falls as well .
Whiplash is an injury commonly associated to the neck which can involve symptoms such as pain and stiffness, restricted movement, headaches and also pain in the arms, shoulders and back area.
A whiplash injury can be very difficult to avoid. The seatbelt in a vehicle only holds your body in place and therefore your head is still able to be jolted around. The movement of the head can be minimised by ensuring that head restraints are fitted correctly.
Some whiplash injuries can last a matter of weeks – however more serious whiplash injuries can last months and sometimes longer.
The length of time you suffer with your whiplash injury is vitally important when it comes to making a claim as the period of suffering ultimately provides the valuation of you injury claim.
In order to make a successful whiplash compensation claim. medical evidence is needed in order to support the injury you have suffered. This is obtained from an independent medical expert which is instructed by your whiplash injury lawyer .
The medical expert will compile a medical report to include all the injuries suffered and also any injuries ongoing, the effects they have had on your day to day life, any recommended treatment, and a prognosis. The prognosis is, in the expert’s opinion, how long you are likely to be suffering with your injuries, if your injuries are ongoing.
Once we have
the medical report from the expert, a valuation can be placed on your whiplash claim. based on the information inside the report.
Another important aspect of a whiplash injury claim is other losses that may have been incurred as a result of the injury. Things such as lost earnings also need to be supported by the medical expert as well. The expert needs to state that the time taken off work, which has resulted in the loss, was reasonable given the injuries that were sustained.
Although other losses should be supported by the medical evidence, it is very difficult to recover the amounts from the other party’s insurer if you have no documentary evidence of the actual loss, such as payslips for loss of earnings, or receipts for purchases or travel expenses. If you have been recommended any treatment by the expert then we can look to arrange this for you straight away on a private basis. Alternatively, we can also arrange this at the beginning of your claim in order to help kick start your recovery.
Although this is a rough guide as to how a whiplash compensation claim works. there are other aspects that are involved, including the liability for the accident which caused the whiplash injury.
If the insurers of the other party involved accept liability for the accident then claim can run pretty smoothly as the only part of your claim which is outstanding is the medical evidence and losses evidence.
If you have suffered a whiplash injury in an accident that was not your fault, call our free whiplash helpline on 0800 634 75 75 for some free advice on your injury and circumstances.