Car Accident Whiplash Injury Claim
Find out how much your personal injury claim may be worth
What is a Whiplash Injury?
A whiplash injury can be minor, but it can equally be uncomfortable and can result in long-lasting symptoms which can affect your day to day life. In some cases, whiplash injuries can cause permanent damage. If you suffered a whiplash injury due to a road traffic accident which wasn’t your fault, you might be able to make a car accident whiplash injury claim.
Whiplash is usually caused by a sudden jolt or where the neck is stretched, causing damage to the ligaments and muscles in the neck. It is commonly caused by impact when the head is snapped forward and back suddenly, which then causes a strain to occur. Symptoms of whiplash include:
· Pain and aches when moving your neck or turning your head. Pain can also appear in the shoulders, arms, or upper and lower back.
· Headaches which can sometimes be accompanied by fatigue and blurred vision
· Dizziness and Nausea
What Should I Do If I Suffer Whiplash Injury?
These symptoms can impact your day to day life. In some cases, these types of injuries can impact your mobility. It is difficult to tell if your whiplash injury has caused more serious damage to the neck such as soft tissue injuries, so it is important that you seek medical attention as soon as possible for your injury. Not only will this ensure your injury is not serious, but the GP/doctor’s notes can act as evidence in your whiplash claim.
If you are interested in making a car accident whiplash injury claim, contact us today for a free, no-obligation discussion.
Causes of Whiplash Injuries
Whiplash injuries are most common in car accidents, usually impacting passengers and drivers when the vehicle is hit suddenly. These injuries can also be suffered by other road users in road traffic accidents, such as pedestrians or cyclists, who can all suffer whiplash as a result of an accident. Whiplash injuries can also be caused by slips, trips and fall accidents. If you would like to find out making a car accident whiplash injury claim, or any other type pf whiplash claim, contact Beacon Law today to speak to one of our specialist solicitors.
Whiplash Injury Treatment
Treatment for a whiplash injury will vary depending on the severity of the injury. Minor whiplash injuries may heal on their own within a few weeks or sometimes months. More severe whiplash and other neck injuries can take a lot longer to resolve. You can check the NHS website for tips on how to manage the pain of whiplash. However, as stated above, it is very important that you seek medical attention as soon as possible after the accident in order to ensure that the whiplash injury is not more severe than it may initially seem.
There are numerous ways in which you can reduce the severity of your whiplash, especially for a car accident whiplash injury. These methods include ensuring an airbag is correctly fitted and working within your vehicle. It is advised that you do not sit too close to the steering wheel so that the airbag can deploy fully and protect you properly. It is also a legal requirement that you wear seatbelts, both in the front and the back of a vehicle so ensure you are adhering to the legal regulations for maximum protection. Use the head restraint on the back of your seat to ensure it is level with the top of your head so that it can support your head and neck should a jolting action take place.
Making a Car Accident Whiplash Injury Claim
Firstly, it is important to ensure that you have grounds to make a car accident whiplash injury claim. If you are seeking to make an accident whiplash injury claim, then you should ensure that the symptoms you are experiencing are directly caused by the accident. Again, this can be confirmed by seeking medical attention for your symptoms from your GP who can conduct a medical assessment and confirm if you are suffering from whiplash. If you have suffered a whiplash injury in the last three years and the accident which caused the injury was not your fault, then you may be entitled to claim for whiplash.
You can start your claim by seeking legal advice from law firms who specialise in personal injury claims, such as Beacon Law. If you contact Beacon Law, we can discuss the circumstances of the accident with you in order to establish who was at fault for the accident. We can also discuss your symptoms and financial losses as a result of the accident. It is important to ensure that your claim for whiplash has merit before you proceed further. Beacon Law can assist you with these queries.
If you decide that Beacon Law are the most suitable Solicitors to represent you in your car accident whiplash injury claim, we will then proceed by taking formal instructions from you.
We will begin by notifying the party at fault or the third party that you are bringing a claim against them. We will assist you in collecting as much evidence as possible to strengthen your case, such as medical evidence. We will obtain all your medical records showing you have sought medical assistance at the time of the symptoms. We will also arrange for you to visit a medical expert who specialises in whiplash injuries who can assess your symptoms and level of injury and provide an expert report.
We will litigate your case and negotiate with the third party them on your behalf so you will not have to speak directly to the Defendant. It may be that the matter will need to be notified to the Court, depending on the issues which are raised by the third party, such as if they allege the accident was not their fault.
The Defendant may also seek a ‘split liability’ agreement. This means that both you and the other party take a percentage of the blame, and it means that you will receive only a certain percentage of the value of the claim. The legal claims process can be complex, so it is important you seek legal advice.
We will ensure that we keep you updated throughout the progress of the claim and will explain any legal complexities to you.
How Much Compensation Can You Recover in a Car Accident Whiplash Injury Claim?
The amount of compensation which you will be able to recover will vary from case to case. A number of factors will be taken into account when building your case and valuing the same so that we can understand a rough figure on how much compensation to expect. The factors we take into account include:
- The severity of your injuries and the recovery period for your whiplash injury
- The impact which your injuries have had to your day to day life, such as if you have had to be cared for by a member of your family or a friend. These injuries can impact everybody differently based on your lifestyle, but it may also include not being able to participate in sports or hobbies due to the symptoms of whiplash.
- The future impact of your injuries. It may be that your injuries are found to be long-lasting or permanent which can impact your ability to live your life in the same manner as before the accident or may affect your future employment prospects.
- Out of pocket expenses which you have incurred. This will be things that you have had to pay for in order to manage your symptoms. Out of pocket expenses could include medical expenses if you sought private medical care or travel and accommodation costs to attend medical appointments.
- Loss of earnings, including any income you have lost because you have not been able to go to work as a result of your injuries.
As a guideline, the amount of compensation you may be entitled to will vary based on your recovery. For example, if you make a full recovery within three months of the accident, you can expect to receive anywhere between £300 and £1,950. These guidelines are published by the Ministry of Justice, but the most accurate figure on the amount of compensation you may be entitled to will come from assessing factors of your case.
What if the Third-Party was an Uninsured Driver?
Whilst you would not expect drivers to be on the roads without insurance, this is a common issue with car accident whiplash injury claims. The case may get a little complex when the third party is uninsured.
There is a system which deals with these types of claims called the Motor Insurer’s Bureau (MIB). This system will assess your injury claim and, on some occasions, can pay out compensation to you. Again, this is a complex topic, and you should get in touch with Beacon Law to seek further legal advice if this was the case in your accident.
Why Choose Beacon Law to Handle your Car Accident Whiplash Claim?
Beacon Law are specialist personal injury solicitors who are authorised and regulated by the Solicitors Regulation Authority. We are registered in England and Wales as a law firm and can assist you in your personal injury legal matters.
If you choose Beacon Law to be your representatives, we will offer a ‘No Win No Fee’ agreement. This means that you will not have to pay any legal fees for your case if you are unsuccessful. The only requirement for this agreement is that you cooperate with us throughout your case, and of course, we ask that you are honest with us from the beginning. If your case is successful, we will deduct our fees from your compensation. To find out more about our funding agreement, you may visit our page here.
Our commitment lies with our clients, which in this instance may be you. We will ensure we act in your best interest at all times throughout the process of the claim. We aim to keep you updated regularly throughout the course of the action. Our focus is to take you through a complex legal system and make the claims process easy and hassle-free for you.
If you wish to discuss your case with us to understand the merits of your case and to seek answers to your specific questions, you may contact us on 0330 1332 857 or using our website contact forms.