When To Make A Whiplash Claim

If you have sustained a whiplash injury during a road traffic collision

, you could be entitled to make a claim for compensation. Your ability to do so will depend upon two factors: firstly, was another party responsible for the accident? And secondly, did the accident cause you to suffer whiplash? If the answer to both of these questions is yes, you must seek early legal advice from a specialist whiplash solicitor.

When to seek legal advice for whiplash If you suspect you have been the innocent victim of whiplash, you should contact a solicitor soon after the accident. This will help you to establish whether you are indeed able to make a claim, and also what action you should take next. Ideally, you need to speak to a solicitor who deals exclusively in whiplash claims, as they will have the professional knowledge and expertise to handle your claim. This will ensure your case has the best chance of success.

Your solicitor may suggest taking immediate action and begin your compensation claim at once, or they may advise to wait until your symptoms fully materialise. Indeed, whiplash can get increasingly worse in the days and weeks following the incident; therefore sometimes it is best to delay until the extent of your injury is known.

It is also important to seek independent legal assistance before settling your case. There are many reports of defendant insurance companies contacting whiplash victims to offer them a quick financial settlement for their injuries. However, it is not wise to accept such offers, as the amount is often considerably lower than that to which you are legally entitled. If you make a claim in the normal fashion - through a whiplash solicitor - your compensation settlement is likely to be much higher. Although settling your claim in the short-term may seem an attractive proposition, you could be seriously out of pocket in the long-run.

Are there any time limits for whiplash claims? You should, therefore, seek early legal advice from a whiplash solicitor soon after your accident. You should not delay in doing so, as whiplash claims (like all personal injury claims) are subject to strict time limits. In England and Wales, your claim must be settled within three years of the incident. If you are approaching or exceed your date of limitation, a solicitor will not be able to help you, even if you have strong case.

by: Nicholas Jervis

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