What you need to know about child whiplash claims

Regardless of a person’s age, when in a rear-ended accident, a person is liable to sustain a whiplash injury. Where restraints such as car seats help to minimise the risk of injury to a child, as well as airbag safety systems, there is a chance that a child can have whiplash. Whiplash occurs when a vehicle is hit from the back causing the driver’s and passengers’ neck to snap back beyond its natural range of movement which can occur in busy areas in the UK. This causes the bones and the muscles in the neck to be strained and can cause serious injury if left untreated. As the guardian of your child, filing a claim on behalf of the child can be done. Here are the guidelines in which to do so.

Step One: Get immediate medical attention

Whiplash symptoms are sometimes delayed. It can be days and even weeks before the symptoms of an injury may become present. Therefore, it is critical that medical diagnosis and treatment be sought out immediately after an accident. A doctor, nurse, or medical practitioner should be able to identify (usually through x-rays) whether a child has sustained whiplash. However, should a medical professional not be able to diagnose your child at the time keep an eye out for symptoms and seek immediate medical treatment if such symptoms should occur:

  • Dizziness
  • Headaches
  • Stiffness of the neck
  • Limited motion in the neck
  • Pain in the shoulders or the back
  • Tingling in the fingers or the toes
  • Shots of pain in the arms
  • Muscle Spasms
  • Visible Swelling
  • Blackouts
  • Vomiting

In cases where babies and infants are involved, it is critical that the parent seek immediate treatment and diagnosis for whiplash to prevent baby shake syndrome (caused by blunt trauma to the skull or neck). When diagnoses, always follow the advice of the medical professional. Should you feel that you have been misdiagnosed, seek a second professional opinion.

When filing, never neglect to follow the treatment set forth by your doctor, nurse, or medical practitioner. Neither should you enhance the status of your injury to try to receive greater compensation (such is illegal and extremely dangerous to the health of your child). Should you feel that the diagnosis and treatment is not in the best interest of your child, please seek out a specialist in spinal injuries/neck injuries for an alternative means of therapy and treatment for your child’s whiplash.

Step Two: Have documentation of who is to blame

When filing a whiplash claim for your child, especially if your child is a teenager and was driving the vehicle, it is important to establish who is at fault for the injuries. As most insurance companies will focus first on a teenage driver as being the culprit of the accident, having definitive documentation stating otherwise will help your claim substantially. Documented evidence can include the police report, pictures, and any court rulings which determine who is at fault for the accident.

In events where there is a no-blame status, it is crucial that you file your claim first. The person who files the claim (whether that is you or the other driver) is far more apt to receive compensation than the second party filing. Additionally, those who file through a claims professional are more apt to have a successful claim than those who do not.

File all documents in the correct timeframe

Those which are seeking to receive compensation for whiplash injuries that their child has received as a result of an accident must file their claim in an appropriate timeframe. The longer that a person waits to file a claim, especially when it comes to filing a claim on the behalf of another individual, the more apt the claim is to be marked as suspicious or to be turned down because the time for filing has passed. This does not mean that those which have a validated case for their child having whiplash should not file, just know that the case may be more difficult than those which filed immediately after being diagnosed. Parents filing on behalf of their child should understand that the insurance provider who must pay the compensation will require documentation as well as other validifying information for the claim. It is for this reason that the whiplash claim should be handled by a claim professional. This will ensure that all documentation is filed appropriately and per the timeframe guidelines.

Should you have any questions regarding whiplash claims for your child, ask the professional handling your claim to explain the process and expound upon any inquires which you may have. At Tylers we work with Whiplash claims in congested areas such as Birmingham

If you have suffered a whiplash injury as a result of an accident that wasn’t your fault then you may be able to make a claim. Call Tylers today on (freephone): 0800 699 0079 to see if you can make a claim today.

Need more information? Don’t worry, our expert claims solicitors will advise you along the way

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