Whiplash Compensation

Whiplash – it’s a word you often hear when someone is talking about the effects of a car accident – what you might not know is that a whiplash injury is amongst the most common of all injuries reported by people after a car crash or other road accident.

At Camps Solicitors our whiplash accident solicitors have some of the highest success rates in the country when it comes to winning whiplash compensation for our injured clients.

Claiming whiplash compensation

Whiplash is an injury to the soft tissue (the muscles and ligaments) in the back and neck. It is a common injury suffered by people who have been involved in a low or moderate velocity car crash. The reason that whiplash is so common amongst road accident victims is down to the kinds of forces that exert themselves on the head and neck of someone during a car crash and the directions that the person’s body moves in response to these forces.

A whiplash injury is caused by sudden violent movements in the head and neck. These movements stretch the ligaments in the head and neck, tearing these ligaments and possibly causing further damage to the soft tissue near the top of the spine. Whilst whiplash is most commonly associated with road traffic accident injuries, almost any situation involving sudden movements of the head and neck, such as going on a rollercoaster, or playing sports can lead to a whiplash-type injury.

Whiplash Injury? How serious is it?

Whilst whiplash might be an injury caused by low or moderate velocity road accidents (accidents at speeds of between 1 and 25 miles per hour), a whiplash injury can last for a considerable length of time, leaving the injured person in discomfort for several months in some cases. There are also several long term chronic pain conditions that can develop as a result of a person suffering a whiplash-type injury.

A study in the United States has shown that even in accidents at very low speeds (as low as 3 miles per hour) there is the potential for those involved to suffer significant injuries to the muscles and ligaments in the neck. This particular study also revealed that the likelihood that someone in a car crash will develop a whiplash injury is greater in an accident at low speed when compared with an accident taking place at higher speeds of 40 miles per hour or above.

Injuries leading to whiplash claims

Modern cars and road vehicles are designed to keep their occupants as safe as possible in the event of an accident. Unfortunately no two road accidents are ever the same. If you are involved in a road accident, it might take place at 70 miles per hour, or at 7 and safety features that might protect someone from a serious injury in a high velocity car crash may be much less effective at preventing them from a whiplash type injury in a lower velocity road accident. For example, the stiffer, more rigid seating fitted in modern vehicles has less ‘give’ in the event of an accident and therefore they may transmit more of the force of the crash to the head and neck of occupants when compared with older style vehicle seating.

If you are travelling in a car or other vehicle that is involved in a low velocity crash, then you may be at risk of a whiplash injury from the extreme G-forces involved in these kinds of accidents. Although the muscles and ligaments your neck will only have been subjected to these G-forces for a few fractions of a second, the sudden acceleration and deceleration involved creates the “jerking” motion of the head and neck that is a key feature of a whiplash-type injury.

Further whiplash injury claim information

Medical Information
How Much Can I Claim?
Make A Whiplash Claim

Usually whiplash compensation is approached on a case by case basis with regard to the individual circumstances and the specific details of the accident and the severity of the injury. Although it may take from a few weeks to even longer to manifest, it can be a very debilitating injury and a qualified lawyer can help in pursuit of justice and claiming damages.

As victims may not manifest immediate symptoms, they should be careful in reporting their medical situation immediately to the insurance company. In the past medical practitioners had little knowledge of whiplash injury and a whiplash compensation claim was often not given the full attention and consideration it deserved. Doctors today now classify whiplash according to a medical grading system.

Victims will need a whiplash compensation guide as only an experienced professional will be able to assess the chances of success in filing a claim and being able to accurately calculate the amount of compensation a victim is likely to receive. Specialist lawyers will often review and discuss a case free of charge.

With regard to whiplash compensation how much can an individual claim? The amount will vary depending on how much pain is experienced the length of time the symptoms persist and the medical diagnosis of the damage and the prognosis for recovery. Payments can range from about £1000 for minor injury up to more than £100000 if there is permanent damage to the cervical spine.

As it is difficult to prove that whiplash has – or has NOT occurred which the person at fault may try to claim – whiplash compensation payout may take a fair amount of time to be decided and to be finalized. There will be a lot of forms to fill out and hospital and consultant visits involved in the whole claim procedure.

The average amount for whiplash compensation for a single soft tissue injury for 6-9 months duration would likely be settled between £1500 and £2500 but if there are multiple soft tissue injuries and the prognosis involves more than 9 months then the amount would be about £3000 and higher. A victim often will also claim for things like loss of earnings due to physical disability or poor work performance as a result of the injury.

Neck injuries are one of the most common claims made by people who have been involved in a car accident. Thousands of people involved in car accidents make these claims and receive compensation every year. After the accident, the insurer of the third party may inform the victim that they have arranged a lawyer to take care of the legalities involved but one should consult a lawyer who will work in his best interests.

A victim can make a whiplash claim directly against the insurance company and by so doing will be compensated in accordance with the settlement agreement made with the insurance company. However, one can seek the advice of a lawyer to handle the case and seek general damages along with special damages. One should be aware that a lawyer will also take a professional fee for his services.

If a person is involved in an accident and suffered a whiplash injury, then usually there is a limited time period of about 3 years from the date of the injury in which to bring proceedings to court and make a whiplash injury claim. This time limit will vary country to country but if a victim fails to bring the case to the courts within this time the person will forfeit his legal rights for litigation and receiving money for the injury.