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Claims for a whiplash injury

What causes whiplash?

Whiplash occurs when the soft tissues in the spine and neck are stretched and strained after the body is thrown suddenly forwards (hyperflexion) or backwards (hyperextension) causing a rapid extension of the related muscles. The injury can be made a lot worse if the head was turned to the side at the time the whiplash injury happened.

The most common cause of whiplash is a car crash involving sudden deceleration.

A whiplash injury can occur even if the crash happened at a low speed - and it doesn't always have to be a high speed impact to create a severe whiplash injury. The distance of your head and body from the seats head and back rests can also affect the severity of the injury. Research has found that the closer the rests are, the less severe the injury.

But the whiplash can also happen in other strenuous physical activities like diving. Indeed any activities that can result in strong blows to the head or long-term vibration of the head can cause whiplash injury.

The insurance industry estimates that whiplash occurs to car passengers in 20% of road accidents, these sufferers could make a claim for compensation.
It is the severity of your whiplash which dictates how much compensation you could claim. Currently compensation tends to range from £1,000 for the mildest injury to £82,000 for very severe long term injury. Most cases of minor whiplash injury are settled in the £1,000 to £4,250 range.

What does whiplash feel like?

The movements that cause whiplash are usually quite violent, depending on the cause of the accident. As a result, whiplash injuries can similarly vary greatly in severity from mild headaches and stiffness in the neck, to the need for surgery.  

If the symptoms are mild, pain may arise immediately or within the first couple of days following the accident and usually pass after a week or so. But in severe cases the pain can last a lifetime and in 10% of whiplash caused by a car accident, it creates a long term disability.  

If the person experiences memory loss or periods of unconsciousness after a crash, a doctor or hospital should be immediately alerted. This is also the case if the person experiences acute pains in the back of the head, notices a sensation of heaviness in the arms, or pins and needles in the shoulders and arms. Other delayed symptoms like a lack of concentration, tinnitus (ringing in the ears) or depression also require expert medical attention.

How does a doctor diagnose whiplash?

Usually the doctor can diagnosis whiplash on the basis of the background of the injury and the person's description of symptoms. Whiplash cannot be seen on an X-ray, MRI scan or CT scan although an X-ray will be taken if there is any possibility of dislocation of the cervical spine or a fracture.

The outlook for whiplash sufferers

We're pleased to say that the risk of sustained after-effects is not big and the chances for complete recovery are good. But you should appreciate that whiplash is a strain injury and, as with other strain injuries, pain sometimes lasts for a couple of months. This means that you may well have to take time off work to recover from your injury.

A minority of whiplash sufferers also develop continuing symptoms after a trauma and develop what is called "whiplash syndrome". These people suffer continual pains and headaches, restricted movement at the back of the neck, lumbar pains, tingling in the arms, sleep disruptions, fatigue and reduced libido.

How is whiplash treated?

Medically, whiplash syndrome is difficult to treat. The essential part of the treatment is to prevent any further strain and persuade the sufferer into a speedy return to normal everyday activities.

Unfortunately with severe whiplash injuries, symptoms can persist for months, even years, before subsiding and even then there can even be residual long term discomfort in the neck.

If there is no suspicion of a fracture or dislocation, the person should begin exercising and pursuing normal activities as soon as possible. But sometimes it may be necessary to use painkillers to supplement an exercise regime. Further advice on exercise and recovery can be sought from your doctor or a physiotherapist or chiropractor.

Claiming compensation for Whiplash

Because whiplash injuries are so varied it is important to get independent legal advice to see if you are eligible to make a claim. Claims Justice will put you in touch with one of their team of whiplash injury solicitors who will arrange for you to see a medical expert who will make an independent assessment of your injuries and predict your likely recovery time. Your legal team can then properly evaluate your whiplash injuries and make a suitable financial claim.

Some insurance companies react by directly contacting claimants to make an early offer to settle the claim. If this happens to you, you should insist on getting legal advice before agreeing any compensation settlement. That's the best way to maximise your compensation.

So complete the online enquiry form now and a Claims Adviser from Claims Justice will phone you back. They will then go through the details of your claim before, with your agreement, they'll transfer your case to one of the specialist solicitors dealing with whiplash victims.

As with accidents, it's best to start your claim as soon as possible, so submit your enquiry now and let Claims Justice get on your case.