Whiplash Compensation

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.

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

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.

Related reading:

• Internet Tools » Archive » Whiplash Compensation Claim – LOS ANGELES, July 20 /PRNewswire/ The California Attorney Group specializes in winning personal injury cases for their Southern California clients. Whiplash Compensation Claim Personal injury victims in Southern California have new hope for compensation with the California Attorney Group. Unlike most personal injury law firms that focus on easy out of court settlements, the California Attorney Group specializes in providing its clients with top-notch personal injury attorneys prepared to take a case to trial and win.

• Whiplash Compensation Lawyers – Whiplash is a severe affliction caused through traffic accidents, it is mostly caused by a car quickly jerking, either as a result of of traffic conditions,

• how to claim whiplash compensation – if you have been in a car accident and suffered a whiplash injury, how do you go about making a proper whiplash claim for compensation?

• How To Calculate Whiplash Compensation Claims | Whiplash Compensation – 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. …

• Compensation for Whiplash – Premium Listings – A whiplash injury may not appear until the morning after so unlike other injuries that can occur in a car accident, this can make it problematic to make a whiplash compensation claim. By sticking too the following rules after an …

• Compensation for Whiplash | Finance and Money Articles – A whiplash injury may not appear until the morning after so unlike other injuries that can occur in a car accident, this can make it problematic to make a whiplash compensation claim. You can make it easier to make a whiplash …

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.

Before explaining about whiplash compensation claims, it’s important to have an understanding of what whiplash actually is.

What Causes Whiplash?
The typical example of whiplash occurs, when the neck suddenly becomes affected by an accelerating force, like if you get hit by a car from behind. The neck is then thrown back first, then forward. Primarily the upper part of the neck is overloaded.

If you drive into something, the neck is first thrown forward, then back – the exact opposite situation. Here it is the lower part of the neck, which is most affected. Lateral side collision may also cause problems. Generally, the neck becomes more affected, if you head is turned when the accident happens.

When Does Whiplash Occur?
Besides the classic example of a car crash, a whiplash injury may occur by any physical effect on the body, causing the head to make a sudden uncontrolled movement. This applies, for example many sports injuries.

Since the head is placed on top of the spine, the back may act as a lever. This means that a force which affects the lower back, will be enhanced 2-3 times before it hits your neck.

Other times it is the neck itself that is affected by the force that triggers the problem. This can happen in sports where several persons clash together, or by scuba diving.

What Happens In A Whiplash?
The sudden movement leads to overloading of muscles, tendons and joints. Normally you can compare this with a sprain of a muscle. As with other strains, it leads to a swelling in the damaged tissue, stiffness and pain. In rare cases the damage can be so extensive that it leads to paralysis and disability.

Besides the physical excessive load, there may also be other factors that affect how the injury develops. However, we do not know with certainty how much influence psychological, social and cultural factors have.

How Bad Can A Whiplash Be?
For a number of years, whiplash injuries have been divided in grade 0 to 4.

• Grade 0: No complaints about the neck and no physical signs of excessive load.
• Grade 1: Only complains about pain, stiffness or soreness in the neck. No physical signs of excessive load.
• Grade 2: Neck pain complaints and the signs in the muscles and joints, as tenderness at pressure and impaired movement
• Grade 3: Neck pain complaints and neurological signs as missing or weak reflexes, decreased force or feeling
• Grade 4: Neck pain complaints and fracture or displacement of joints.

How Is Whiplash Diagnosed?
The patient’s description of how the injury occurred and how the symptoms have developed is of vital importance. Additionally, a person who has the necessary training and experience, can with fingers evaluate how the muscle condition is and how the neck part moves. The neck will possibly be X-rayed in Grade 1 and always in Grade 2 and 3. Grade 4 injuries shall continue to neurosurgeon or orthopedic surgeon.

What Does A Whiplash Feel Like?
The most common complaint after a whiplash injury is pain in the neck, often stretching up in the cranium and into the shoulder / shoulder blade. If there are discomfort in the arm, the situation must be taken more seriously – especially if the symptoms are worse here than in the neck.

2 out of 3 injuries lead to forehead headaches. It may occur either periodically or as a more persistent pressure.

Symptoms such as dizziness, fatigue, depression, irritability and insomnia are also sometimes seen, and there may be shortness of breath and nausea, possibly with vomiting.

How Is Whiplash Treated?
In the rare case where a breach of the neck or severe damage of ligaments, hospitalization is required.

Formerly, the traditional treatment was as little activity as possible and wearing a soft collar during the first weeks. Today we know, that it is very important to get started using your neck normally, as soon as possible.

A whiplash injury bursts fibers in ligaments and joint capsules in the neck. It may cause some joints in the neck area to be hyper-mobile. There will in most cases, however, also be one or more joints in the neck that moves too little. Freed, the combined movement is divided in such a way, that the damage can heal faster. In most cases there will also be sore muscles.

There are chiropractic treatment techniques that, in a very gentle way, can make both joints and muscles to function more normally.

Evidence suggests that dynamic neck training in fitness machines could have a significantly greater efficacy than training done without machinery.

It is important to note, that before starting any treatment, you should see a lawyer to help you with whiplash compensation claims.

What Can You Do About Whiplash?
Ice will help with tight muscles, relieve pain and reduce swelling. In principle you can use anything that, after being cooled, can have an appropriate shape, such as frozen vegetables or brown soap. The cool bags made for the purpose, has the advantage that they are best to follow the necks shape and thus get the best contact with skin.

Use ice 15 to 20 minutes at a time and always with 2-3 layers of clothing (e.g. a towel) between skin and ice. Keep a couple of hours’ break between each time and be especially diligent in the first days. As long as you’re sore, you can benefit from the ice.

Small children, debilitated elderly, and persons with heart problems should not use ice.

It’s good to get started with exercises, as soon as possible. It should not hurt! Here is a way to start at the most can benefit from:

Exercises with eyes:
If it is very painful, you can start the exercises with just making eye movements:

1: Look to the right in 10 seconds, without moving the neck
2: Look left for 10 seconds without moving the neck
3: Look up in 10 seconds, without moving the neck
4: Look down in 10 seconds, without moving the neck

Breathe in slowly while the eyes are in the described position.
Eye movements has a relaxing effect on the neck muscles.

Isometric exercises:
When things are a little better, you can add to the eye movements with isometric exercises- i.e. using muscles without moving. Breathe in slowly while you contract the muscles.
1: Look to the right and press your head slightly against the right hand on the right temple, without moving your head. Hold the pressure for 10 seconds. It should not hurt.
2: Look to the left and push your head slightly to the left hand on the left temple, without moving your head. Hold pressure for 10 seconds. It should not hurt.
3: Look down, push the head lightly against your clasped hands on your forehead, as if you were to bend your head forward. The head should not move. Hold pressure for 10 seconds. It should not hurt.
4: Look up, push the head lightly against your clasped hands on the cranium as if you were to bend the head backwards. The head should not move. Hold pressure for 10 seconds. It should not hurt.
5: Look straight ahead. Press your head slightly toward your right hand on the right side of the head as if you were to move the right ear towards right shoulder. The head should not move. Hold pressure for 10 seconds. It should not hurt.
6: Look straight ahead. Press the head slightly towards your left hand on left side of your head, as if you should move left ear to left shoulder. The head should not move. Hold pressure for 10 seconds. It should not hurt.

Exercises with neck movements:
When it can be done without it hurts, you can:
1: Look to the right and turn upside down quietly in the same direction. Stop before it hurts.
2: Look to the left and turn upside down quietly in the same direction. Stop before it hurts.
3: Look down and quietly bow your head in the same direction. Stop before it hurts.
4: Look up and bend your head quiet the same way. Stop before it hurts. Older people must pay particular attention on this exercise or avoid it entirely, for example if you get dizzy.
5: Look straight ahead and bend your neck to the side, so the right ear moving down towards the right shoulder.
6: Look straight ahead and bend your neck to the side, then left ear moves toward your left shoulder.

Breathe in slowly while you make the described motion.

It will always be an advantage to doing exercises on a tilt board.
How Can You Prevent Whiplash?

When it comes to driving, it is important to keep distance, and to ensure that the head restraint is so close to the cranium as possible (it should really be called a main support). More and more brands are doing headrests, which partly follows the necks movements in an accident, and thus reduces the load neck exposed. If  you see a car coming from behind and you cannot avoid being hit, you should press your head backward against the head restraint. Remember that the child seat must be secured properly and the straps must be tightened very well.

Latest Research
A brand new English study, led by an orthopedic surgeon, shows that for the whiplash patients with chronic pain in neck / shoulder area and reduced movement in the neck, chiropractic treatment was the only proven effective treatment. This was true even if there were neurological signs as impaired reflexes, sensory disturbances or reduced performance.

In patients with a bad neck pain, but full of movement in the neck and no neurological signs, there was however no effect of chiropractic treatment.

If you have been involved in a car accident where you suffered a whiplash compensation claim type injury through no fault of your own