Whiplash Injury Claim
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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.
Is a whiplash injury serious?
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.
What causes whiplash injury?
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.
Can I claim compensation for whiplash?
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.
How much compensation can I get for a whiplash injury?
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.
Personal Injury Claim Lawyers
If you have suffered an injury which wasn’t your fault, you should consult a specialist personal injury lawyer. The effects of an injury can be wide ranging and more than your legal rights are involved in determining your eligibility for, and amount of, compensation. For this reason, a lawyer requires a combination of legal and medical expertise, and most personal injury lawyers will have built up a list of useful contacts and barristers’ chambers to call on when specialist advice is required.How can I recognise a specialist personal injury lawyer?
In the first instance, check that your lawyer’s firm includes lawyers who are accredited members of the two principle legal bodies in this field; the Association of Personal Injury Lawyers (APIC) and the Law Society’s personal injury panel. You should also ask if they have lawyers who belong to associations for the specific injury your claim is about – for example the Spinal Injuries Association or the Headway Panel.
You should also ask your lawyer about their record in personal injury claims. Can they give you any case histories of successful claims similar to yours?
How can I pay the lawyer’s bills for my personal injury claim?
With the exception of medical negligence, legal aid is generally no longer available for personal injury claims. This means you will have to agree payment with the lawyer yourself. Fortunately, lawyers are able to act on a Conditional Fee (“No Win, No Fee”) basis. This means your lawyer bears the cost of the claim until you have been awarded compensation. Depending on the type of agreement you have, your lawyer will then either claim his fees from your opponent, or take a percentage of your compensation as a “success fee”.
Will my lawyer charge me for costs if I lose my personal injury claim?
Before agreeing to work on a conditional fee basis, a competent personal injury lawyer will assess the merits of the claim. If you and your lawyer decide to proceed you may have to take out an insurance policy to cover both your and your opponent’s lawyers’ fees in the event that you lose your claim.