subject: Whiplash - Claim For Blame? [print this page] Over 1200 claims for whiplash are made in the UK every day. Whiplash alone constitutes three quarters of road traffic accident claims made every year, and the UK has the unenviable title of the 'Whiplash capital of Europe'. So why are so many people making claims for this particular injury?
Whiplash - the facts. Whiplash has long been associated with the concept of an 'easy claim' to make in the event of a low impact traffic accident. The injury is classified as damage to the soft tissue of the neck and shoulders caused by the neck hyperextending as the head is thrown forward and then backwards. Although most commonly associated with traffic accidents, whiplash can be caused by contact sports such as rugby. The trouble that most people have had with the actual definition of the condition is that for many years, there was little research into the precise cause and effects of this hyperextension of the neck.
However, detailed research by car manufacturers and accident investigators hoping to reduce the instances of whiplash and the sheer number of incidences and resulting claims brought by the motoring public has forced the medical profession to lay down clear guidelines for both the cause, effect and treatment of whiplash. Armed with this information, it has become much easier for courts to define the term 'Whiplash' and compensate people accordingly. It has also made it easier for compensation specialists to weed out those looking to make spurious claims where no injury has been sustained. To begin a whiplash claim, there has to be medical evidence of specific injury to the neck and shoulders that can be directly related to an impact. Without that evidence, there is no basis for a claim and no possibility of compensation.
The experts are on your side. For those who have suffered a genuine injury, the experts are there to help you. Compensation claims for injuries sustained as the result of a motor traffic accident must be started within three years of the date of the incident. So although you do have a reasonable amount of time to consider a claim, the earlier you begin proceedings, the better your chance of retaining important evidence to back your case.
Consulting with a specialist in whiplash injury not only gives you access to the legal system, but to the medical profession as well. A claims specialist will usually request a medical confirmation of your initial injury from your GP, but if there is concern that your injury may be more substantial than initially thought, specialist medical experts may be brought on board by the solicitor. These experts can assess your injuries and report back to the claims solicitor, providing them with expert testimony as to the full extent of your injury and the likely impact not just in the short term, but in the long term too.
Whiplash injuries have been proven to cause more complex neurological and muscular conditions, which can have a devastating effect on your long-term health. This expert testimony is essential in cases where a seemingly negligible injury has deeper implications, and your compensation should mirror the severity of your injuries accordingly.
Bottom line - get advice fast. Without evidence and good, professional advice, your whiplash injury may go uncompensated and if someone's negligence has caused you to suffer, then it is only right that you receive the compensation you deserve.
