Whiplash Compensation Claim Examples

Mark Benson

Mark Benson

Money Savings Advice Whiplash Compensation Claim Examples

While whiplash is often associated with a road traffic accident, it can happen in many different scenarios. Sometimes this condition can be dismissed as “aches and pains” when in some cases, it can be much more serious.

Therefore, if you have received whiplash as a consequence of negligence by others, then you may well have a claim for compensation.

Take a look at some of the issues relating to whiplash claims, the evidence required, symptoms, and common accidents.

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What Are the More Common Symptoms of Whiplash?

There are numerous symptoms associated with whiplash, but the more common tend to revolve around:-

  • Neck pain
  • Neck stiffness
  • Reduced neck movement
  • Headaches
  • Tenderness in the shoulders, upper back and arms
  • Tingling/numbness in the arms
  • Dizziness
  • Fatigue

There are also other symptoms associated with whiplash which include:-

  • Blurred vision
  • Tinnitus
  • Insomnia
  • Mood swings/irritability
  • Difficulty concentrating
  • Memory lapses
  • Depression
  • Personality changes

There is a general assumption that whiplash claims are of a physical nature as opposed to mental. However, the above symptoms show that whiplash can bring on both physical and mental pressures.

Are There Any Complications Associated With Whiplash?

It is fair to say that the vast majority of whiplash injuries tend to be relatively short-lived, even if they can be painful and uncomfortable. However, there have been numerous instances of victims experiencing extended chronic symptoms such as:-

  • Severe neck pain
  • Limited range of movement
  • Pain spreading down the arms

If your original whiplash symptoms do not fade after treatment/advice from your doctor, and you start to experience any of the above symptoms, further medical attention will likely be required.

Are There Any Factors Linked to Severe Whiplash?

Interestingly, recent research has shown that there are additional factors that can lead to more severe whiplash symptoms.

These include:-

  • If you have suffered whiplash before
  • Previous high-speed injury
  • Historic back/neck pain
  • Old age

Even if you have a pre-existing condition/scenario which could exacerbate symptoms of a new whiplash injury, this does not stop you from claiming compensation.

Indeed, where existing conditions are worsened as a consequence of the incident, you may be entitled to additional compensation.

What Are the Most Common Causes of Whiplash?

It will come as no surprise to learn that the more common causes of whiplash include:-

Road Traffic Accidents

Road traffic accidents where there is a collision can lead to significant whiplash whereby the head is pushed forward extremely quickly and then snaps back into place.

Physical Abuse

Akin to shaking baby syndrome, you may receive whiplash if you are punched or shaken with force. Those who suffer constant/regular physical abuse are at greater risk of exhibiting symptoms of whiplash.

Contact Sports

There are various contact sports where high-speed collisions are relatively commonplace. While regulations have been tightened in recent years, contact sports will always carry a degree of enhanced danger.

Examples of Whiplash Compensation Claims

There are no specific categories for whiplash compensation claims because they can affect various areas of the body.

The main areas include:-

  • Neck
  • Back
  • Shoulder
  • Head

This type of injury tends to come under orthopaedic injuries, although they can also lead to head injuries.

Injury Range of Compensation
   
Neck Injuries  
Minor neck injuries Up to £6,290
Moderate neck injuries Between £6,290 and £30,690
Severe neck injuries Between £34,240 and £118,240
   
Back Injuries  
Minor back injury Up to £9,970
Moderate back injuries From £9,970 up to £30,910
Severe back injuries From £30,910 up to £128,320
   
Shoulder injuries  
Minor Should Injuries Up to £6,290
Moderate should injuries Between £6,290 and £10,180
Serious should injuries From £10,180 up to £15,300
Severe should injuries Between £15,300 and £38,280
   
Head Injuries  
Epilepsy brought on by head injury From £8,430 - £119,650
Minor head/brain injury Between £1,760 and £10,180
Less severe brain damage Anywhere between £12,210 and £34,330
Moderate brain damage £34,330 up to £174,620
Moderately severe brain damage £174,620 up to £224,800
Very severe brain damage Between £224,800 and £322,060

When considering compensation, it is important to realize there are two different types. General damages, listed above, are direct financial compensation for pain and suffering. Special damages relate to financial expense, loss of earnings, cost of property moderations, and other costs directly associated with the whiplash injury.

How Do I Pursue Compensation for Whiplash?

The UK government is in the process of bringing in new regulations with a particular emphasis on road traffic accident and whiplash claims. Due to the number of fraudulent whiplash claims in years gone by, many of the smaller claims will now be heard in the Small Claims Court.

The idea behind this is simple, as legal expenses cannot be reclaimed with a Small Claims Court case, this has reduced interest in potentially fraudulent activity. However, if you have a genuine whiplash claim, it is vital that you pursue compensation and hold negligent parties to account.

Whiplash compensation claims pursued through the Small Claims Court will, where there is sufficient evidence of negligence, will be settled relatively quickly.

Pursuing Whiplash Claims Out With the Small Claims Court

If the level of compensation you are pursuing is higher than the maximum allowed in the Small Claims Court, then you may need to employ the services of a claims management company. There is nothing stopping a claimant from pursuing compensation under their own steam, but there are drawbacks.

The UK legal system can be fairly complex and uncertain, especially if you have no experience in this particular field. This is why many people now look to pursue compensation claims via personal injury claims companies.

The first thing to do is seek medical attention and then, when you are able, look to collate as much evidence as possible. This evidence might include:-

  • Photographic evidence
  • Witness statements
  • Medical records
  • Details of treatment received at the scene
  • Timeline of events
  • Details of post-accident pain and suffering

This is just a small selection of the type of evidence you may need when looking to prove negligence and then seek compensation for whiplash injuries.

Summary

There is an area of confusion emerging as the UK government looks to clamp down on fraudulent whiplash claims. The government is not trying to scupper any valid whiplash claims, just reduce the frequency of fraudulent activity. So, if you have been the victim of an accident/attack and you have received whiplash, then you may well be eligible for compensation.

It is extremely important that all negligent parties are held to account. Yes, a successful prosecution could lead to a significant compensation payout. However, looking at the long-term picture, by holding a negligent party to account, will likely force them to change workplace practices/procedures. You could potentially be saving the lives of many people.

How Can Money Savings Advice Help You With Making a Personal Injury Compensation Claim?

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.

Money Savings Advice Author Mark Benson

Mark Benson

Mark has been writing professionally for over ten years for the financial sector. Having started in the financial world as a stock-broker in central London and then moving to equities trader Mark is one of our senior financial writers who has a vast knowledge of multiple financial sectors.

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