Saturday 10 October 2009

The problem with whiplash

Whiplash is the debilitating and painful neck injury caused by rear end car collisions. As most whiplash injuries happen when the victim’s car is stationary, it is quite likely they can make a claim for whiplash compensation.

Whiplash injuries vary a great deal, and occur when the body is suddenly thrust forwards and upwards out of the seat. Symptoms may develop straight away, or up to a day later. The process of whiplash compensation is very complex, which is why there are specialised whiplash lawyers in this area.

Whiplash compensation is normally sought under the Judicial Studies Board “Assessment of General Damages in Personal Injury Cases” Guidelines, and whiplash lawyers should ensure the case operates under a “No Win No Fee” basis. This is because whiplash compensation claims are often overturned due to lack of evidence.

The problem with whiplash accidents is that they happen very quickly – often, with no witnesses. Adrenaline can often mask symptoms, meaning victims don’t bother calling an ambulance or the police – even though they should. This means whiplash lawyers often have to place a case where there is little independent evidence, and where the accused party will insist the other driver was in the wrong. This is rarely the case.

Whiplash lawyers can use medical evidence, as well as insurers’ reports, to prove a case of negligence against the third party. If they are successful, they can claim full whiplash compensation from the insurers of the accused driver. This can include medical expenses, loss of income and payment for suffering and pain.
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