Why injured parties should make claims for whiplash

The most common injury sustained during motor accidents is whiplash

, which is why 75% of claims on motor insurance policies in 2007 were claims for whiplash.

Whiplash is caused by the soft tissue in the spine stretching and straining when the head is thrown suddenly forward. The most common cause is car accidents where the car stops with a forceful jerk, but can also be caused by other activities such as diving. People suffering from whiplash commonly complain of headaches and a stiff neck or back of head. It can take a few days to appear, and will usually pass after a few days to weeks.

The diagnosis is made on the basis of the patient reporting the history of the injury and description of symptoms, because it can't be shown on an x-ray, CT scan or MRI scan. However an x-ray will be taken if there is suspicion that any bones have been damaged.

Whiplash can be seriously painful and as a result, people are often forced to spend time out of work whilst recovering. The amount that people making claims for whiplash are entitled varies with each case. It depends on the extent of the physical pain and suffering caused by the accident. Some people can claim for emotional pain or loss of enjoyment of life as part of the damages, and if the pain has caused you to encounter psychological disorders that can be included in any claims for whiplash.

You are also entitled to special damages for whiplash, which can be fixed and are payable to you as a result of you encountering a loss caused by the accident. This covers loss of earnings, including potential future earnings, car hire expenses, medical bills and other circumstances. You must keep a careful track of all money paid in order to get the best chance of being reimbursed.

Due to the nature of whiplash - the unreliable diagnosis which relies on description of pain and history rather than medical tests - there are many illegitimate claims for whiplash made. This means that insurance companies and their team of medical experts are likely to want to assess the claimant to see if they are injured. However, you have the right to request an independent assessment if you want to.

You have a time frame of three years from the date of the injury to make any claims for whiplash you want to, but if you don't do so within the period, you will forfeit your right to make a claim.

Why injured parties should make claims for whiplash

By: James Blatt

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