In Brief

Home   About   Advertising  Contributors 

 
 

 

Search through over a thousand pages of free legal information written by our selected team of legal experts

  
 

Browse Legal Topics

Ask a Lawyer

  

Whiplash Injuries
 

The Injury

Whiplash: What is it and how is it caused?

A whiplash injury usually results from a vehicle in which you are travelling being rammed from behind.  Whiplash is one of the most common forms of injury caused in road traffic accidents.  Roughly 20% of people involved in such collisions will end up with such problems.  Insurance claims for whiplash injuries cost insurance companies hundreds of millions of pounds each year.

It is unfortunate that many of the claims made by people for whiplash injuries are not genuine.  Because it is extremely difficult to prove that someone claiming to have sustained a whiplash injury did not have it, fraudulent claims are extremely difficult to detect. 

The mechanics of such injuries are believed to be: The body is first accelerated forward but the head remains behind before jerking forwards and backwards.  This abnormal movement often results in muscles or ligaments being stretched and torn.  The muscles will, in an attempt to prevent excessive injury, contract and this reflex reaction will bring the head forward.  Overcompensation often occurs and as the head travels forward the vehicle is simultaneously decelerating.  This will lead to the head moving forward violently causing more tearing of muscles and ligaments.  Headaches are another common symptom.

 

How long do whiplash injuries last?

The majority of whiplash injuries are mild and will clear up after only a few days.  A personal injury claim will not usually be made for mild whiplash injuries.  However, in a small number of cases the injury may persist for many months and in some cases years.  It should be noted that whiplash injuries will not appear for sometime, often more than 12 hours after an accident.  And also when symptoms first appear they may initially get worse before recovering.   

 

How is it treated?

Standard procedure in treating a whiplash injury is to restrict movement in the neck.  This can be done by encasing the neck in a supportive collar.  A soft collar is generally used and some movement is generally encouraged after 24 hours.

The following approach should be followed:  

  • An ice pack should be applied immediately in order to reduce swelling
  • Pain relief using non steroidal anti inflammatory drugs such as ibuprofen or aspirin should be taken regularly
  • After an initial period of rest some gentle exercises should give way to a gentle increase in movement
  • Traction, massage, and ultrasound are other forms of treatment that may help

 

 

The Claim

If you have been in an accident that was not your fault and were unlucky enough to have sustained a whiplash injury then you are entitled to be compensated.  In order to make a claim as straight forward as possible it is best to follow a coherent process.

The process of making a claim

  • Obtain full details of the other driver, his vehicle, and his insurers.  It is also useful to request contact details from any independent witnesses at the scene.  Keeping a camera in your car is also useful so that photographs can be taken should you be involved in a collision. 
  • If someone has been injured in a road accident you should normally contact the police.  However, due to the nature of whiplash injuries and the delay in their effects becoming evident it is often not possible.
  • The first step to take if you have been injured is to seek medical attention.  When you have been involved in a road traffic accident you need to be aware that it may be up to 12 hours before the effects of your injury become apparent.  It is also possible that during the next 24 hours or so your injury may become worse.  But don't worry this is the nature of soft tissue injuries.
  • Contact the third party insurers and inform them of the accident and the fact that people have been injured.
  • Go an see a solicitor and talk to him/her about making a personal injury claim.  The first meeting is usually free and with personal injuries solicitors can claim their costs back from the other side.  This means many will offer a 'no win - no fee' where unless you succeed in your claim the solicitor will not get paid.  Using one of the large accident companies because they offer a 'no fee ever' service is unnecessary.  Almost all solicitors offer the same service, but by using your local solicitor you are likely to receive a more personal service.
  • When you have reached this stage it is for your solicitor to do the work.  You can go back to normal life before a cheque arrives in the post to compensate you.

How much will I get?

This all depends on the extent of your injury.  An injury with effects lasting 18 months will naturally receive far more than an injury that was fully healed within a couple of weeks.  If the effects of your injury lasted less than two week most lawyers will advise against making a legal claim.

Generally, personal injury claims made for whiplash receive compensation of less than £5000 - typically between £1500 and £2500.  For more minor cases where a full recovery takes place in a few weeks the awards of compensation can be as low as £750.

Very few whiplash cases make it to court as insurance companies are keen to obtain an out of court settlement.  This means they will avoid the costs of going to court which they would pay if they lose.  If, however, the insurance company makes you an offer of compensation which you refuse for being too small they will normally make another slightly higher offer.  If this is also too low you can reject it and you decide to go to court.  You need to be aware that if the amount of compensation the court decides on is lower than the amount originally offered to you by the insurers, then it is you who will be liable to pay the court costs.  Your solicitor will be able to advise you on whether an offer is acceptable.

You don't have to settle for just cash.  If you need further specialist treatment or special equipment to manage the effects of your injury, then this should be paid for by the insurers.  Again you solicitor should be able to advise you.  If you have been unable to work because of your injury then any earnings lost can also be added to your compensation.  You can also claim interest on all of this money from the date you would have been in possession of it had it not been for the accident.

 

How long before you get paid your compensation?

There is no definitive answer to this question.  It can take anything from a couple of months to over a year to get paid out.  Much will depend on the nature of your injury and how you dealt with it.  A simple whiplash claim can be settled in less than 6 months, a lot will depend on the insurance company and on your solicitor.  If there is a dispute about liability then it can take much longer.

 

 

    
 

Still have unanswered questions?

Ask your legal question using the box below and have a response from solicitor or barrister within minutes.


  

 

Copyright © InBrief.co.uk, All Rights Reserved. 

About In Brief     Contributors     Advertising     Jobs     Terms of Use     Contact Us