What are Whiplash Compensation Claims And Am I Able to Claim?

If you have been in an accident and have pain in the neck because of the accident, it is possible that you may have whiplash. However, it could also be that you just have a stiff neck or neck strain. Understanding what entails whiplash could help you in deciding whether you have grounds to make a claim for whiplash or not.

How is Whiplash Defined?

Whiplash is a specific term for a person or persons who have been in a neck trauma accident. When in the accident, the head bends forward and then quickly snaps back beyond the normal range of motion. As the neck is only intended to bend back so far, when the neck is forced to go back further than its normal range of motion, the disks and ligaments can become damaged. The result of whiplash is injury to the cervical region of the spine particularly around the scaleni muscle and the trapezius muscle. Doctors may identify this region as C1-C7 of the spinal cord when doing an analysis of the injury.

What are the Most Common Causes of Whiplash?

There is a misconception that a neck trauma accident must be automotive. Where this is the most common way in which whiplash occurs, there are several ways in which a person can acquire a whiplash neck injury. Such include:

  • Rear Collision accidents
  • Falling and hitting one’s head on a surface causing the neck to bend back
  • The Jolting of a Rollercoaster
  • Impacts from sports (such as Football where a person can get tackled)

Anything which can push the neck back beyond its normal range of motion can cause whiplash. Once whiplash has occurred, it could take days before symptoms occur.

What are the Common Symptoms of Whiplash Injuries?

While there are several different symptoms of whiplash, there are a few common symptoms which should serve as indicators that a whiplash injury has occurred. If you experience any of these symptoms, it is strongly advised that you seek the diagnosis of a doctor, nurse, or other medical professional for proper treatment. Symptoms include:

  • Stiffness in the neck
  • Severe pain in the neck, especially around the top and bottom of the cervical region
  • Numbness or tingling in the fingers, toes, or neck
  • Pain and stiffness in the shoulders and upper back
  • The inability to move the neck or pain when the neck is rotated
  • Muscle Spasms
  • Muscle cramps in the neck
  • Headaches
  • Blackouts
  • Pain, numbness, or tingling extending down the arms or legs (which may be the result of a pinched nerve as well)

It is critical that if you have any of these symptoms, that you seek medical attention. Disregarding or neglecting treatment could cause chronic damage to occur to hearing, vision, nerves, and other more serious effects.

How Will I Know If I am Eligible to Make a Claim?

As with any legal claim, time is essential to the success of the filing of a claim. The longer the duration from the event to the filing of the claim, the less apt a person is to win. In determining if you have grounds for a claim, consider the following:

1. Were you in a trauma which forced your neck back?

Establishing a claim for whiplash must be grounded in an injury which caused the neck to move abnormally. While anyone who has experienced such a trauma has grounds for a claim, those which have documented reports (such as a police report of the accident) are more successful in their filing, especially given the level of fraudulent cases of whiplash which occur.

2. Did you seek medical treatment immediately?

If you have any pain or discomfort when in an accident, it is strongly advised that you seek out the medical diagnosis of a physician, doctor, or nurse practitioner. As symptoms of whiplash commonly occur days after the event, even if you have no pain at the time of the accident, it is advised to get examined to ensure that there is not unseen injury. As it relates to Insurance claims, adjusters look for suspicion in order to neglect payment to those which file. Persons who have not sought medical treatment, or those which waited an extended amount of time before filing are at a great risk of being denied their claim.

3. When did the injury occur?

The longer you wait to file a claim the less likely you will be to win the claim. There is a time period for filing. Additionally, there could be stipulations on how to file, specifically if you have a no-fault accident. Having someone who understands the filing process and can present all the documents and filing papers needed to make a strong case is essential to the success of your filing. The sooner a professional can file, the better your odds.

If you feel as though you can make a claim, find out where the compensation can be merited. Such areas include loss of wages, medical fees, and medication.

Can I Really Win a Whiplash Compensation Case?

Whiplash claims are extremely difficult to prove without the proper documentation and the proper treatment from a medical professional. When all of the documents are in place and the claim has been filed in a timely manner the suspicion is greatly reduced. However, should a person not have the needed supporting evidence (medical files, police report, injury report, diagnosis, etc.) it will be harder to establish a case.

Leicester is one of the bigger cities in England where Whiplash claims may occur due to congested traffic on the roads.

Can I Really Win a Whiplash Compensation Case?

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

Call today on 0800 699 0079 to start your compensation claim!

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