Whiplash Compensation

The Best Safety Feature For Preventing Whiplash Is The?

Allison — Sun, 18 Oct 2009 15:52:46 +0000

head rest.
If you adjust the head rest to where your head is (and your head can rest comfortably on it) then it will decrease the chances of a whiplash. The center of your head must rest on the center of the head rest.

Has Anyone Here Suffered From Whiplash?

Allison — Sat, 17 Oct 2009 14:23:19 +0000

I had a car accident on sunday and my neck feels very stift – is this whiplash? did you go to doctors?

Grace – these are classic whiplash signs. Here is what you need to do.
1) If the other person hit you (this means you are not at fault), go to a lawyer who specializes in personal injury cases. They will usually have a chiropractor that they work with. If you were at fault, you will need to seek treatment on your own.
2) Go see a chiropractor who specializes in whiplash. chiropractors specialize in the spine and know how to correct the long term effects of whiplash. A medical doctor will just prescribe you ibuprofen (Motrin) fr the pain. It is better to correct the problem than cover it up by medication.
Things to know
1) This is not a quick fix. The ligaments in your neck are most likely damaged. As a result, there is instability. In order to compensate for this instability, you muscles will work extra hard to support the damaged tissue.
2) Here is the time frame that you can expect for recovery.
a)Phase I – 0-30 days for tissue damage to recover- Treatment during this time is to decrease pain and inflammation. Chiropractors use e-stim and Ultrasound to accomplish this.
b) Phase II -30-60 days biomechanics are restored along with postural changes.- Chiropractors will continue using therapies along with mobilization to help this situation.
c) Phase III- 60-90 days- strengthening and stabilizing phase. Chiropractors use chiropractic adjustments along with exercises to help restore spine to proper working order.
Good luck with your recovery.

Can You Get Whiplash From Your Neck Snaping Forward? My Cousins Fell On My Back And My Neck Tucked In And I?

Allison — Thu, 15 Oct 2009 21:50:12 +0000

heard it pop. Related posts:Can You Have Whiplash From Bumping Your Head? I Walked Into The Wall In A Short Doorway, Felt Pain-neck Down?Has Anyone Here Suffered From Whiplash?Whiplash Compensation Claims Related posts:

Can You Have Whiplash From Bumping Your Head? I Walked Into The Wall In A Short Doorway, Felt Pain-neck Down?

Allison — Wed, 14 Oct 2009 09:43:57 +0000

It was at a children’s museum, watching grandson, I just hit the doorway — hard. It was like my body kept going, and I felt a stabbing pain in my back. (Needless to say — my head hurt, too) Now a week later, I am still having neck and shoulder pain and headaches. Does anything help?

Does Whiplash Get Worse Over Time?

Allison — Tue, 13 Oct 2009 08:27:56 +0000

I was in a car accident about an hour ago and my shoulder is pretty sore. Can I expect it to get worse?

Well…

It might. I had whiplash about 15 years ago and put up with the ache until a couple of weeks later, my neck stiffened up. I then got treatment for it. I recommend that you see your doctor and ask for physiotherapy. You should get checked out anyway in case you have damaged something else. I still get more achy down the left hand side of my body when I am tired or have been doing physical things, but am really lucky at the moment as my boss provides free massages three days a week. I saw an osteopath or chiropracter a couple of times a year whenever it got too painful.

Is Whiplash Possible In Front On Collisions?

Allison — Mon, 07 Sep 2009 10:35:15 +0000

Is whiplash possible/probable in front on collisions, if so are there any differences. Furthermore if no injuries were reported at the scene of accident and the police officer recorded this is it still possible to gain compensation? And finally if somebody is trying to gain compensation how does the ‘offender’ know whether they are telling the truth or whether they are even to blame?

Let’s break it down:

1. Whiplash is possible in any kind of collision. While it’s true that most whiplash injuries occur when being struck from the rear, it can also happen in a front-end collision or a side collision.
2. Even if you don’t report an injury to the police at the time of the incident, you can still get compensation. Most people don’t realize they’re injured until a day or so later. In order to get compensation, you’d have to see a doctor and be referred to a specialist. The specialist would have to diagnose your injury and say that the proximate cause of your injury was the car accident.
3. Whiplash cases are a major pain. It’s very easy for someone who is not hurt at all to see a doctor and claim a whiplash injury if they say the right things. Furthermore, many whiplast injuries are soft-tissue injuries, which are very hard to prove or disprove. This is where the insurance companies weigh in. Let’s say you were in an accident and the police officer determined you were at fault. The other person claims a whiplash injury. Your insurance company would step in and handle the claim for you, and they’d put their crack team of lawyers on it to decide whether the claim is worth paying or if they should go to court.

Any injuries sustained by a RTA can occur several days after the initial impact. Whiplash / back injury is one of these ailments.
The Police will only take notes/record the accident and the causes, and details, names, addresses, whereabouts etc.They may make a note of injuries, and suggest that RTA parties go to hospital to seek medical advice, but they are not obliged to insist anyone attend hospital during or after the event.
As to ‘blame’ or ‘compensation’ this is for the insurance companies to decide upon, and what if any compensation needs to be paid out to the injured party concerned.

How Much Compensation Can I Get For Whiplash?

Allison — Sun, 06 Sep 2009 20:57:44 +0000

I have been in a car crash and really hurt my back, been to the hospital and said yes you have whiplash and give me some drugs and told me to rest. I have also had time off work and lost pay, can I claim for this also?

In some cases you can get upto £10,000 I claimed once and got about £3000 for a small case. I went through http://www.injury-law.co.uk and they were really really helpful. And very fast in processing my claim. Had an answer within days. But you must have been wearing your seatbelt and someone gone into the back of you to claim the most amount of compensation

While I hate the current compensation society we have become, the answer is yes you can claim for loss of earnings too.
I was recently rear ended by a transit van but did not claim any personal injury because i had none. All I claimed was the value of my car (which was written off) and the cost of the hire car I was provided by the company handling my claim.

First I would be curious to know what tests were performed that confirmed a diagnosis of whiplash. It sounds like they just made that diagnosis based on your complaints, gave you meds and sent you home. If that is the case, your whiplash diagnosis is worthless. Were you even examined by a neurologist?
Before you begin counting the dollar signs, be sure you actually have the injuries you are claiming.

Whiplash Compensation – How?

Allison — Sun, 06 Sep 2009 14:21:18 +0000

I was a passenger in a car when someone drove into the back of us, I went to doctor who said i have got whiplash and that i should make a claim, I’ve been in touch with insurance and claims company but the guy had no insurance at the time of crash!!!
Where do I go from here if I wanna get some whiplash compensation??
cheers

First, contact your own insurance. If you live in a “no fault” state your own insurance may cover some or all of your insurances (this does not mean youll get extra money from them most likely- just your bills will get paid) Even if you dont have coverage on your own policy- your adjuster will be able to discuss the who is responsible for your injury (all states are different)
Next, since the at fault party does not have insurance if you do want a “settlement” (for which you are NOT entitled to much- it’s whiplash- youll be fine in a few days- most states dont even give you a settlement unless your injury is permenant) you would have to get a lawyer and sue the other driver directly.
Since they likely dont have many assets (seeing as they dont even have insurance) You would likely just end up wasting your own time and money trying to get money from them.
My advice- suck it up- try not to make money out of the situation- and move on.

No, no you go to a solicitor and they will make a claim through the motorists pool – set up by insurance companies for victims where there is no insurance. Make sure the police were aware at the time of the accident that you were injured – its hard to prove the accident caused it after the event. However, be prepared to go for medicals with a doctor arranged by the motorist pool – they dont pay out for nothing. If you are not really hurt then just be thankful that it wasnt serious. It can take up to 3 years of hard battle to get any pay out and if the injury isnt serious you may end up getting nothing at all after costs etc. Remember that claims from this pool is what increases drivers insurances when they do pay – so the innocent end up paying xxx.
Actually – thinking about it – as a passenger, you would need to claim on the drivers insurance (the driver of the car you were in that is) and let them pursue the claim from the uninsured driver xx

Whiplash Compensation: Should I Use A Claims Company Or Go Straight To A Solicitor?

Allison — Sun, 06 Sep 2009 14:06:56 +0000

The simple answer is that if question one above is answered with confirmation that you will not have to pay, you can use either.

The advantage of using a claims company is that an independent third party has already carefully selected a solicitor and carries on working with them. For a claims company to do this they must be satisfied that the solicitor is meeting high quality standards of service and is looking after the clients.

With a whiplash solicitor, not only have I personally selected and checked each solicitor that we work with, but at the end of every matter we ask our whiplash clients to complete a questionnaire to ensure that our solicitors have looked after them well.

Thankfully, the feedback is always incredibly positive. If this changes, our solicitor will have to explain the reasons and improve their performance.

This way we can ensure that you are always going to be placed with an excellent solicitor who provides a great service.

If I Have Legal Expenses Insurance, Do I Have To Use The Solicitor They Tell Me To?

No. You have a basic right to choose the solicitor that you think will do the best job for you. If you have a legal expenses insurance policy, you can stil ask for an expert whiplash solicitor chosen by you.

We come across more and more situations where clients choose to come to us after their Legal Expenses Insurer has already selected a solicitor for them who they are not happy with.

If you have been involved in an accident it is your choice who represents you and your choice only. So ensure that you are happy with your whiplash solicitor. In a time when you have suffered already, you want to be completely confident that the solicitor looking after you really does have your best interests at heart.

What If I Need Whiplash Treatment And There Is A Long Waiting List?

Any solicitor who specialises in whiplash claims should be able to arrange immediate treatment for you privately and at no cost to you. If you have a good claim for compensation, they will be able to claim the costs of the treatment back from the other driver’s insurance company.

If your solicitor is vague about private treatment then they are not the solicitor for you.

Whiplash solicitors have arrangements with private treatment providers across England, Wales, Scotland and Northern Ireland. If you need treatment, our solicitors will arrange it for you.

The Other Driver’s Insurance Company Has Offered To Settle My Claim And They Say I Do Not Need A

Solicitor

We are hearing this one more and more and I have to say it makes me incredibly frustrated because it is removing one of your fundamental legal rights: to choose your own solicitor. Every person has a right to their own legal representation. Valuing a claim for compensation and arranging treatment and car or motorbike hire is a specialist profession. Solicitors spend years qualifying to ensure that they can advise you properly and explain all of your options to you so that you can make an informed decision.

If an insurance company is offering to settle your claim without a solicitor say no and do not speak to them again until you have a solicitor looking after “YOUR BEST INTERESTS”. This is what a solicitor will do for you. If the other driver’s insurance company is offering to settle directly with you, whose interests are they looking after?

They are primarily a business interested in making more profits. One way of achieving this is to settle your claim for less than it might be worth if you had a solicitor independently advising you.

If you have been involved in an accident that was not your fault you must have independent advice from a specialist whiplash solicitor. Do not let the insurance company settle your whiplash claim without one.

What If I Need A Replacement Car or Motorcycle?

Again, a specialist whiplash solicitor should be able to arrange one for you quickly and without cost to you if you have a good claim even if you only have third party insurance and there is no obligation for your insurer to supply you with one. Your transport is vital to you and your solicitor will help to get you back on the road as soon as possible.

How To Calculate Whiplash Compensation Claims

Allison — Thu, 03 Sep 2009 12:03:55 +0000

Suffered a whiplash? A whiplash injury is very painful and you should be compensated appropriately. But just how much is the distress, discomfort and pain following your whiplash worth?

Regrettably, though, the amount of whiplash compensation you receive for your injury as a result of your accident will be determined by several variable aspects.

The Whiplash Compensation Claim

The primary of these variable factors will be based on the method you use to make your whiplash injury claim. If you decide to file the claim straight against the insurance company, you can expect to be compensated in compliance with the agreed settlement you reach with the insurance company.

On the other hand, if you make a decision to request the counsel of a solicitor who shall conduct your whiplash compensation claim, you may be eligible for compensation in two categories:

1. General Damages and/or

2. Special Damages.

General Damages For Whiplash Injury

The total sum of the compensation that you may be granted under General Damages is complicated to ascertain because you are compensated for the physical pain and anguish (i.e. the concrete injury for example a whiplash neck injury or perhaps even more critical) that you face as a direct consequence of the accident you were in.

Emotional pain and loss of life quality is something you also might be permitted to claim for as part of the General Damages you request in any whiplash injury compensation action.

Lastly, if the pain and suffering you go through as a consequence of your injury results in you suffering psychological disorders, for instance depression, then this can also be added in your compensation claim.

Even though the General Damages amounts decided by the courts will vary on the amounts the court have earlier awarded for a comparable injury, the facts of your medical report detailing the degree of the whiplash, the concrete injuries caused, and the likely damage the injury has had on your emotional condition will, all play a essential role in the whiplash injury claim.

Special Damages For Whiplash

Contrasting General Damages, Special Damages may be predetermined to some extent and are to be paid to you as a consequence of you having experienced specific special losses due to the accident.

Especially, Special Damages are payable on any loss of earnings (as well as any latent loss of earnings in the future as a consequence of the accident) you may have to suffer whilst you recuperate from the accident; car rental costs you must pay as an effect of your car being in the repair shop; expenses to pay for a person to look after you while you recover from your whiplash; and any medical attention you have paid for to treat the injury you should also include in your claim.

Remember, that if you decide to claim for Special Damages, you must maintain a meticulous track of all the expenses you have had and where achievable you’ll need to keep all your receipts.

Whiplash Symptoms

Whiplash Insurance Settlement

If you make your mind up that you do not want to go through the courts with your whiplash injury compensation claim, you must reach a settlement agreement with the insurance company. In this situation you must make certain that you read the terms of the settlement agreement extremely meticulously because insurance settlement claims generally contain provisions:

That after the insurance company have paid you the compensation for the whiplash, you can’t revive the claim at a later stage to seek to get extra money.
Agree not to hold the insurance company legally responsible and accountable for costs or losses in the future.
That the insurance company may choose not to pay a one-off payment, but rather pay you in installments.

Limited Period To Bring A Whiplash Compensation Claim

After you have suffered a whiplash injury, you must bring proceedings to court within a period of 3 years from the date of the injury. Failure to do bring the whiplash compensation claim to the courts, will result in you losing your right to make a claim.

Whiplash Injury Solicitor

If you have suffered a whiplash neck injury, a back injury, or any car accident injury, you should request a counseling with a personal injury solicitor or lawyer as soon as possible after the accident and in particular prior to signing any settlement arrangement with any insurance company since they will not only be able to tell you exactly what your rights and what compensation you are entitled to.