whiplash injury claim

Whiplash is commonly described as a soft tissue injury which can affect the neck, shoulders and back. It is almost always caused by sudden and dramatic backward movement of the neck followed by an equally sudden and forceful forward movement of the neck. This is similar to the shape that a whip makes when it is snapped quickly, hence the common moniker. Whiplash is relatively straightforward to diagnose but incredibly difficult to actually see because it affects the soft tissues of the neck, back and shoulders. Therefore, as a precaution a doctor will often arrange for an injured person to undergo an x-ray of the affected area just in case the injury is in fact bony in nature.

This type of injury and subsequent compensation claim most commonly occurs as a direct result of a car or road traffic accident. On impact there will often be a sudden extension and flexion of the neck causing the driver and passengers to sustain a whiplash type effect on the cervical spine. This type of injury is prevalent as a result of the most common type of road traffic accident, the rear end shunt. However, it can occur as a result of any collision, anywhere, even if no vehicles are involved. It is worth noting that wearing a seatbelt will serve to minimize the effects of such an accident, although this may not prevent a whiplash injury occurring. It is also important that a vehicle is fitted with good headrests which are properly adjusted. Taken together, these factors will minimize any injury.

People who have been involved in an accident and are unlucky enough to sustain a whiplash injury, may develop one or more of the following symptoms often not immediately but within the first two days. The list of symptoms is as follows:

The good news is that most people recover quite quickly. However, a minority can develop an ongoing chronic condition which may have a profound effect on their working and home lives. The only people able to assess this type of injury are qualified medical practitioners.

On the whole whiplash injuries are categorised as minor in nature and are often easily treatable. Initially this type of injury can be treated either by applying a cervical collar thereby immobilizing the victim until the immediate pain has subsided. Alternatively, medical practitioners sometimes seek to encourage the victim to mobilize the affected area as soon as the pain allows. Unfortunately there is no one answer and it will depend very much on the extent of the injury as to which method of treatment is recommended by your doctor. Only in the most severe cases is surgical intervention required.

(i) Neck injury associated with incomplete paraplegia or resulting in permanent spastic quadriparesis or where the injured person, despite wearing a collar 24 hours a day for a period of years, still has little or no movement in the neck and suffers severe headaches which have proved intractable. Damages will be awarded in the region of £82,000
(ii) Injuries which give rise to disabilities which fall short of those in (a) (i) above but which are of considerable severity; for example, permanent damage to the brachial plexus. Damages can be awarded in the region of £36,000 to £71,500
(iii) Injuries causing severe damage to soft tissues and/or ruptured tendons. They result in significant disability of a permanent nature. The precise award depends on the length of time during which the most serious symptoms are ameliorated, and on the prognosis. Compensation In the region of £30,000 can be awarded.
(iv) Injuries such as fractures or dislocations which cause severe immediate symptoms and which may necessitate spinal fusion. They leave markedly impaired function or vulnerability to further trauma, and some limitation of activities. Compensation awards in the region of £13,500 to £18,000 are the norm.

(i) Cases involving whiplash or wrenching-type injury and disc lesion of the more severe type resulting in cervical spondylosis, serious limitation of movement, permanent or recurring pain, stiffness or discomfort and the possible need for further surgery or increased vulnerability to further trauma can mean awards of between £7,500 to £13,750
(ii) Injuries which may have exacerbated or accelerated some pre-existing unrelated condition. There will have been a complete recovery or recovery to ‘nuisance’ level from the effects of the accident within a few years. This bracket will also apply to moderate whiplash injuries where the period of recovery has been fairly protracted and where there remains an increased vulnerability to further trauma. This category can attract compensation in the region of £4,250 to £7,750

Minor soft tissue and whiplash injuries and the like where symptoms are moderate:

What should I do if I have suffered a whiplash injury and wish to make a compensation claim?

If you have been injured as a result of an accident which was not your fault and you have sustained a whiplash-type injury then you should do the following:

Whiplash Injury Compensation Claims