Whiplash: Can You Make A Claim?

Arguably the most common form of injury following a car accident is whiplash. Even a relatively low speed car collision can cause it and, whilst the symptoms can take several hours to appear, the consequences can be devastating.

Whiplash occurs when an abrupt movement to the body or head — i.e. stopping a car suddenly, or being crashed into by another vehicle — damages the ligaments, tendons and muscles in one’s neck. According to the severity of the incident, symptoms vary, but can include: loss of mobility in the neck; headaches; pins and needles and numbness in the hands; dizziness and blurred vision; and pain in the shoulders, arms or lower back.

If whiplash has resulted because of a car accident, and the accident was the fault of a third party, the key questions many ask is, ‘can I, or should I, claim compensation?’

Some believe that people are cashing in on what has been coined ‘compensation culture’. However, the Citizens Advice Bureau states that seeking legal compensation is both a civil and legal right, and in doing so, people are able to fully recover from an accident, as well as make up for any financial losses.

In the case of whiplash – a sometimes contested subject, due to the fact it can be hard to prove — many legal and medical experts believe that, yes, because one could potentially lose earnings, incur medical costs, or in the more severe cases, become physically disabled, a claim should be made.

Additionally, researchers into the effects of whiplash believe that a delay in symptoms appearing tends to be the norm rather than the exception and that 45 percent of victims can feel the repercussions of whiplash up to 12 weeks after the accident occurred. Furthermore as many as 10 percent of whiplash victims may suffer from severe physical disability.

Therefore, if one has suffered from whiplash as a result of a car accident that was not their fault, it may be pertinent to submit a claim. There are a few things that must be done first, however, to ensure the claim is both appropriate and successful.

Vitally, if an individual suffers whiplash as a consequence of an accident, it is advisable that they visit the hospital or their doctor for diagnosis and treatment. However, it is not a necessary action when it comes to making a claim, and injury claims can be made without having seen a doctor beforehand. While most car insurance policies provide cover for injuries sustained in a car accident, it is also a point of law injured parties notify their insurance company and police of any injury incurred.

Even if one isn’t covered by a car insurance policy, whiplash sufferers can still potentially seek compensation, and a consultation with a personal injury lawyer is a viable option to discover if a claim can be made.

If a claim can be made, a solicitor should fight for compensation to cover such things as loss of earnings if the person is unable to work, medical care and/or treatment, damage sustained to a vehicle and for any pain incurred.

Adam Singleton writes on a number of topics on behalf of a digital marketing agency and a variety of clients. As such, this article is to be considered a professional piece with business interests in mind.