Whiplash injury claims
Whiplash is a common injury that is more often than not sustained from car accidents. It is a painful injury that occurs when the neck is violently jerked forward and backward causing the soft tissue in the spine to stretch and become strained. Injuries can range from a slight pain to disability and a need for surgery, depending on the severity of the accident.
Unfortunately, although a driver is restrained by a seat belt in an accident the head is not protected against injury. However, some car manufacturers have tested out preventive methods on some of their models with positive results. The main focus has been on the design of car seats, specifically on the headrests to try to reduce the risks of whiplash. With better design and proper positioning, tests have shown that specially designed headrests can be of some help but do not eliminate the problem entirely. This is mainly due to external factors such as speed, the angle of the collision and the mechanics of the car that cannot be controlled or anticipated.
The symptoms of whiplash are most likely to manifest themselves in headaches or a general stiffness of the neck. In severe cases symptoms can include memory loss, tinnitus and depression. These symptoms may immediately follow an incident or they may take a few days to appear. In some cases a person may make a quick recovery but in other more severe cases a person may need extensive treatment, or even surgery.
Due to the unpredictable nature of the recovery of whiplash it is important to seek legal advice to establish whether you are eligible to make a claim. If you decide to make a claim directly with an insurance company then it is likely that you will be compensated according to the settlement agreement that you have made with them. However, if you decide to seek guidance from a legal solicitor, your compensation will be categorised into either General Damages or Special Damages. General Damages cover the physical pain and suffering that is endured as a result of whiplash.
A solicitor may decide to include loss of enjoyment under General Damages and any other psychological disorders suffered as a result of the injury, such as depression. The nature of General Damages makes it hard to determine a fixed sum of compensation as the injuries sustained can vary across different situations. Special Damages is easier to contain as it relates to any special losses encountered because of the accident. This includes loss of earnings or any payments incurred because of the accident that weren't required prior to now, such as medical bills or car repairs. This can be calculated by retaining any appropriate receipts.
Whiplash is a relatively common case for claiming but this does not mean that it is not a distressing or a serious injury. If you think you have a case to claim and wish to gain some impartial and professional advice then contact us.