

Whiplash injury is the name given to stretching or tearing of muscles and ligaments in the neck. It can cause stiffness in the neck and pain in the back of the head. These symptoms typically develop over the first couple of days, and last from several days to a few weeks. Whiplash injury can aggravate existing conditions affecting joints and inflammation.
A doctor should always be consulted immediately if the pain spreads or increases in severity, or you feel pins and needles or heaviness in the arms and shoulders.
Whiplash is caused by sudden movement of the body in relation to the head, such as a harsh jerk causing the body to move forward and the head to be thrown back and then forwards. The most common cause of whiplash injury is car crashes, where rapid deceleration occurs.
If you suffer injury as a result of an accident which is not your fault, you may be able to claim. Whiplash injuries range in severity from minor discomfort for a few days to permanent pain and restricted movement.
Sums awarded typically range from £500 to £13,000. Amounts are determined by legal decision on a case by case basis. In England and Wales, Judges have issued broad guideline figures for different types and degree of injury, laid down in the Judicial Studies Board Guidelines. These are the figures used here.
If you have suffered an injury which wasn’t mainly your fault, the law says you are entitled to compensation for pain, suffering and loss of amenity. You may also gain compensation for loss of earnings and additional expense incurred due to the injury.
Personal injury law has established a duty of care on the part of people, companies and organisations to ensure they do everything reasonably possible to avoid causing injury to others. As examples, if land owners allows the public access to their property, they should ensure that walkways are adequately maintained. Shopkeepers should keep aisles clear of objects shoppers might trip over, and clean up spillages promptly to prevent slips. When playing sports, the law expects people to behave responsibly and not inflict injury on others. There is also specific employment law which lays down the duties of employers to minimise the risk of personal injury.
If your injury claim is to succeed, the law says you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be able to win compensation under the law.
Amounts are determined by legal decision on a case by case basis. In England and Wales, Judges have issued broad guideline figures for different types and degree of injury, laid down in the Judicial Studies Board Guidelines. This has been built up from case law in personal injury claims. Information is given on this site under individual types of injury.