Road traffic accidents are still the number one type of personal injury claim, often resulting in whiplash. If you have been involved in a road traffic accident which was not your fault, then you may well experience delayed whiplash symptoms.
Just because the symptoms have been delayed does not mean that you are not entitled to pursue compensation.
Symptoms of whiplash include pain in the neck, shoulders or arms, dizziness, headaches and fatigue. It can take a few days for symptoms to develop, and onset can be gradual. You should seek medical advice as soon as you experience symptoms.
While whiplash is heavily associated with road traffic accidents, it can occur with any incident where there is a sharp jolt to the individual.
It is obviously important to seek medical attention as soon as possible, but whiplash symptoms can be delayed for 24-hour’s and beyond.
We will now cover some of the more frequently asked questions when it comes to whiplash injuries and personal injury compensation.
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There are various symptoms of whiplash which include:-
As we touched on above, while the majority of these symptoms may be obvious immediately, it might be 24 hours or more before the pain kicks in.
Whiplash injuries impact soft tissue, discs, muscles and ligaments, but these won’t always show up on traditional x-rays. As a consequence, it may take a CT scan or MRI to accurately diagnose whiplash. Don’t forget, if you are potentially suffering from whiplash then you will need to be diagnosed and treated as soon as possible.
Yes. It is fair to say that the UK government has tightened regulations regarding various compensation claims such as whiplash. The threshold for the Small Claims Court has been increased to £5000 for road traffic accidents which will include whiplash.
This will avoid situations in the future where legal expenses can far outweigh compensation for injuries such as whiplash.
Unfortunately, in the past, we have seen criminal gangs using staged road traffic accidents as a means of fraudulently obtaining compensation and a variety of cost. As a consequence, some people believe that those claiming whiplash injuries are now treated in a different manner.
If we remove the emotion and the headlines, if you have been involved in an accident that was not your fault and suffered whiplash, then you are entitled to compensation. No changes in the law will ever take away the right of those with bona fides claims to pursue compensation.
That was not the point of the recent changes despite some of the more attention-grabbing headlines in the press.
To give you an idea, minor soft tissue damage in the neck could result in compensation between £6290 and £10,960. Relatively modest shoulder injuries may attract compensation between £6290 and £10,180. It really does depend upon the degree of pain and suffering and the long-term consequences of the injury.
The vast majority of whiplash injuries will heal in the short to medium term, while others may have a long-term impact on your mobility.
In order to pursue any compensation, you need to prove negligence on behalf of one or more parties involved in the accident. As a consequence, you should gather as much evidence as possible including:-
Once you have gathered as much evidence as possible, it is then time to approach a claims management company to discuss pursuing your case.
As road traffic accidents are, whiplash injuries, in particular, the most common type of personal injury claims you won’t have any difficulty finding a potential representative. A quick search of the Internet will show a number of personal injury claims companies able to offer advice and guidance on pursuing your whiplash claim.
Once you have approached a claims management company, they will ask to see your evidence and give you an independent assessment of your chances of success. Traditionally, if they believe you have a minimum 60% chance of success, they will likely offer you a “no win no fee” arrangement.
This means that they will take on your case, covering their own legal expenses, but for the potential cost of a failed case, they will require a success fee.
As part of a “no win no fee” arrangement, your personal injury claims advisor will likely request on average 25% of any compensation awarded. This covers the claims management company’s risk-taking on your claim with no guarantee of success.
It is also worth noting that in the event of a successful claim, your advisers will likely be able to reclaim their expenses from the defendant.
Claims management companies/personal injury claims advisers, they are sometimes known by different names, are critical if pursuing a claim. Even the strongest of cases could be rejected on a technicality or if the information was not presented in the most favourable manner.
Your personal injury claims advisor will have knowledge of how the system works, how do you pursue out-of-court settlements and secure the best possible outcome.
Where there is a very strong case for negligence, it is highly likely that the defendant would look to secure an out-of-court settlement, thereby avoiding potentially costly legal fees. There will be cases where the defendant refutes the allegations of negligence, and they will look to defend themselves in court.
In this instance, you may well be asked to give evidence but remember you are not the one on trial!
The vast majority of personal injury claims are settled out of court, and those who are borderline/weak are often dismissed at a relatively early stage.
While road traffic accidents, and in particular whiplash claims, have in the past been used by criminal gangs as a means of obtaining fraudulent compensation/expenses, the government has acted to clamp down on these activities. That said. If you have a legitimate whiplash claim, then it is important that you pursue your case.
Here at Money Savings Advice, we have partnered with some of the UK’s leading Personal Injury Claims management companies. They have already helped thousands of people claim compensation for injuries they have incurred, and they can do the same for you.
Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.
If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.
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