Whiplash injury is caused by a Sudden Jerking of the head, normally from a road collision.
This stretches and damages the soft tissue, ligaments and tendons around the neck and shoulders.
Symptons normally take 6-12 hours to develop. They may only last a few days, but can take a few weeks or in
Chronic cases many months to heal. Symptons include:
The first stage is validifying the claim. Medical Evidence will be required.
It is important to gather as much information of the accident. Whether medical treatment
was provided at the scene, whether there were witnesses.
If a driver has crashed into the back of you, you should be able to prove them negligent enabling a claim against their insurer. A hit and run driver or an uninsured driver will require a claim through the Motor Insurance Bureau.
A claim under £10k will be fast tracked through the MOJ (Ministry of justice) Internet Portal. A Claims Notification Form will be lodged with the relevant insurance company. The insurers have 15 days to assess the claim.
If the third party admits their fault, then it is up to the victim to obtain medical evidence from an independent medical expert. The claim will then be valued and a settlement pack will be submitted to the insurers to consider an offer of settlement. If the parties cannot agree then we can apply for a court hearing and let a judge decide.
According to the Judicial College Guidelines:
Minor injuries are considered to be soft tissue damage with recovery in 1 month, a couple of months or a couple of years. Compensation levels are £1,800 to £3,500 to £6,380 accordingly. However the government as of November 2016 are considering capping this to a maximum of £425.
Moderate to Severe neck injuries with recovery periods of 5 years or more often involve serious fractures and spinal damage. In it's worst case resulting in paraplegia, compensation levels range widely from £11,000 to over £100,000.