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Archives

Most people have heard of whiplash, but a lot of those people are not 100% sure what whiplash is.  Here’s a quick guide:

What is whiplash?

It’s a soft tissue injury to your head/neck/shoulder area.  What I mean by this is the damage caused by a strain to the muscles/tendons in those parts.
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Have you been injured when you were a passenger in a car or on a bus?  Good news – you have one of the best chances of a successful claim for compensation

Passenger injury claims are one of the easiest to assess because it is highly unlikely you were to blame for the accident.  Really, unless you pull the handbrake or were severely distracting the driver at the time of the accident, you cannot be at fault for the accident.  Say you were the passenger in a car when someone drives into the back of that car, how can you be at fault?  You can therefore be compensated for any injuries you get as a result.

Here are a couple of examples of good passenger claims.  You are on a bus which is involved in a crash, the crash is not your fault, you can seek compensation from whoever was at fault, e.g. the bus driver or the third party driver.  You pop out to the shops with a friend and someone drives into the rear of your friend’s car whilst you are waiting at traffic lights and you get whiplash, you can claim compensation for this whiplash.
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If you have been injured in a car crash because of someone else’s negligence, you will usually get your compensation from their car insurer.After all car insurance is there so that if things go wrong cars can be repaired and injured people can get compensation. 

But what happens if the negligent driver doesn’t have insurance?  Don’t worryYou can still be compensated for your injuries

The difference is that you will be compensated by the Motor Insurers’ Bureau (MIB) instead of the negligent drivers’ insurance company.  Let me explain more…
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You might have been told that you can claim for losses that result from your accident as well as claiming injury compensation – which is absolutely right.  But you might not have been told what the difference between General Damages (the compensation for your injuries) and Special Damages is.  At The Injury Lawyers we like to keep our advice simple and speak in plain language; so here’s a quick guide to Special Damages.

If you have been injured through no fault of your own, you can claim compensation.  The compensation you get for your injuries alone is called General Damages.  So you have whiplash, and you make a claim and get £1,500.00 for your injuries.  This is your general damages.  Ok, but did you know that you can also be get compensation for any other losses that come from your accident as well?  You can, and these are called Special Damages.  This is compensation for your financial losses.

What exactly are Special Damages?
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The question we get asked the most at The Injury Lawyers is ‘how much is my claim worth?’  At the end of the day, people are interested to know, and ultimately want to know, if making a claim is worth it

Well the bad news is that we cannot tell you straightaway how much your claim is worth.  No-one can.  Injury Lawyers can give you guidelines, figures, and guesses, but nothing concrete without the right medical evidence in place.  Let me explain how a claim is valued.

Essentially, the more pain and suffering you have, the more your claim is generally worth.  The more losses you have and the more valuable these losses are, the more your claim is worth.  A two month minor whiplash injury will be worth more than a 4 week minor whiplash injury in most cases.  Likewise, a 2 month moderate whiplash injury will be worth more than a 2 month minor whiplash injury.  Alternatively, someone who has lost out on a few weeks wages and required help around the house whilst they were recovering will have this added to the value of their claim as well.
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road traffic accident claims

One of the more common questions we get asked is whether someone has a claim for compensation – in other words, are they likely to actually win the claim and receive some compensation. 

Naturally some claims are harder to assess than others, but probably the easiest claim to assess is a passenger injury claim. That’s where you have been involved in a car crash and you are either the passenger in the vehicle which has been hit by the Defendant or the passenger in the vehicle which caused the accident.

You have a great claim, because unless you did something highly unusual, like pull the handbrake or severely distract the driver, it is highly unlikely that you were at fault for the accident and therefore you can be compensated for any injuries suffered.
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As of April 2010, claiming for compensation for whiplash caused by a straightforward road traffic accident just got a whole lot easier.  A new process was introduced which has cut drastically the length of time a claim takes to settle. 

Under the old system you could be waiting nearly 4 months just simply for an admission of liability from the negligent third party, and then you would still have to go about obtaining medical evidence and enter into negotiations with the other side to see if a settlement could be reached.  Nowadays, an admission of liability can be received within a couple of weeks and your claim settled in a couple of months!

The first stage in this new claiming process is to submit a Claim Notification Form.  This a simple form that you can go through with an expert injury lawyer on your side which details your accident, those involved in your accident, and the injuries you suffered from.  The form itself takes about 15-20 minutes to complete, and once you are happy with it, it is submitted to the Defendant’s insurer who has just 1 business day to acknowledge it. 
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Whiplash is one of the most common injuries that is caused by road traffic accidents.  Whiplash is a soft tissue injury and tends to affect the neck and shoulder area of your body.  It is typically caused by the sudden and forceful jolting of your head/neck. 

It is frequently occurring in road traffic accidents because of the nature of the accidents that involve innocent victims and because the injured party has been wearing a seatbelt.  For example, if a negligent third party collides with the rear of your motor vehicle, you will probably be thrown forward and then your seatbelt will kick in and suddenly bring you back to your original position. It is this type of incident, this sudden jerking of your neck, that causes whiplash.

So, how do you know if you have sustained whiplash?  If you have been involved in a road traffic accident and believe you may have whiplash, here are a few symptoms to look out for:
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At The Injury Lawyers we deal solely with claims for personal injury.  We are experts in our field having dedicated many years of practice to this area of law, and can therefore deal with almost any injury claim no matter how bizarre you may think it is.

That said, despite having dealt with a fair few ‘unusual’ claims, the claim that we deal with most often is one for whiplash.

Whiplash is a soft tissue injury that affects the neck and shoulder area, and is often associated with the innocent victims of road traffic accidents.
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If you have been involved in a road traffic accident since April 2010 and you are thinking of making a claim for compensation for the injuries you have suffered, then good news – the whole process if now faster and more efficient. 

Prior to April 2010 you could have been waiting a few months for an admission of liability from the other side, and then a couple more months to get your compensation payout sorted.  Thankfully the whole process has been overhauled and you could have your whole claim settled in just a few weeks or a couple of months.

You are now required to submit what is known as a Claim Notification Form via the Ministry of Justice online portal.  This is straightforward – especially with the right expert injury lawyer on your side.  The form will take roughly 20 minutes to complete and your injury lawyer should go through this with you. 
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