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Claiming for whiplash

Posted on Tuesday, 14 June 2011 12:12PM by Editor

Whiplash is the physical injury resulting from a car accident. A whiplash compensation claim often arises from a low impact collision and is not uncommon for the front vehicle to be stationery at the time of the accident. Whiplash is not only caused by road accidents but may be the result of a fall, a sporting injury or even an assault.


Whiplash is soft tissue injury to the neck caused by a sudden jolt forwards and upwards. In a car accident, the body is restrained in a seatbelt and so the head moves more than the rest of the body. In some cases, the pain is immediate but for many, the extent of the symptoms are not realised for a day or two. In most instances the pain lasts several days, but it can last for years. In extreme situations, the victim will wear a collar support and take anti-inflammatory medication and some whiplash injuries even require surgery. Fortunately, the majority of people make a full recovery.


No win no fee solicitors will offer a free consultation for those looking to start a claim. They will assess the circumstances and advise if there is a valid claim for whiplash compensation. There is no obligation to proceed with the claim. No win no fee means that if successful, the claimant will receive 100% of the compensation and the successful claimant's solicitors will seek to recover their fees from the opposing party. If the case is lost, there is insurance in place to cover the costs and no fees are payable.


It is important to obtain medical assistance as quickly as possible following an injury to the neck. Symptoms of whiplash include headaches and dizziness. If unable to obtain NHS treatment, seek private medical assistance, as the costs incurred can be claimed back from the opposing party. An experienced claims solicitors will be able to offer advice regarding ongoing medical care.


A compensation claim is made in respect of the physical injury, which includes emotional pain and loss of enjoyment of life. A claim may also be made in respect of costs and medical expenses which have been incurred. This can include any loss of earnings and any future financial deficit as a result of the injury. If a replacement vehicle is hired, the costs of this can often be retrieved and also the repair of the damaged vehicle. It is important to keep all receipts as evidence of payment.


Provided there is medical support, it is relatively straightforward for an experienced solicitor to bring a compensation claim. The length of time a claim takes to settle will vary. When the accident occurs, take the names, addresses and phone numbers of any witnesses. Photographs may also assist a claim. Many vehicle insurance policies include legal assistance, so the injured party will have the option to choose the solicitor appointed by their insurance or choose their own expert.


No win no fee solicitors are incredibly experienced when it comes to dealing with a whiplash compensation claim. The opposing insurer will tend to offer a settlement amount immediately if there is no dispute as to liability. Seek legal advice before accepting the offer, because often it is less than acceptable levels of compensation.

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