The medical implications of whiplash
Whiplash is the most common type of injury claim in the UK. The Association of British Insurers says that there are at least 1,200 compensation claims involving whiplash every day in the UK – a figure that equates to twice the official number of annual road casualties. Whiplash claims are also becoming more common, with data collected by the Department for Work and Pensions' compensation recovery unit showing a 52-per-cent rise in motor claims over the past five years.
What is whiplash?
Whiplash is a type of injury that is caused by a sudden movement of the head in any direction. As the head moves unexpectedly or forcibly, the tendons, ligaments or muscles of the neck can stretch, flex or rotate beyond their normal range of operation. Symptoms can prompt many accident victims to claim for whiplash compensation, the amount of which depends on the severity of the condition.
Typically presenting several hours after the cause of the injury, symptoms of whiplash can last for days, weeks, months or even years. Sufferers may experience pain, swelling, tenderness, stiffness, paraesthesia (pins and needles), vertigo, headaches, difficulty swallowing, memory loss and anxiety.
What to do
Whiplash can be caused by many different types of accident, but collisions on the road are the most common. Any person who has experienced an accident may be at risk of developing whiplash. Whiplash does not usually present symptoms until some time after the cause of injury – typically between six and twelve hours – so it is prudent to anticipate that injury may have been caused even if no physical symptoms are experienced immediately after an accident.
Contact details, including name, address and insurer, should be obtained from the person or persons responsible for the crash. If the police are called to the scene, this ought to be a formality, but an effort to remain calm, assess the damage and exchange contact information is advisable under all circumstances. At no point should anybody admit that they are not injured – remember, this can change in a few hours and, although stating otherwise does not rule out the possibility of claiming compensation, it can negatively affect the claimant's credibility. It is also sensible to avoid discussing liability with those involved in an accident.
If people who witnessed the accident have stopped at the scene, their contact details should also be obtained. Eye-witness testimonies can support a claim for compensation.
Medical examination
The importance of a thorough medical examination after an accident should not be understated. Visiting the doctor after an accident ought to be routine, but many people prefer to wait until symptoms develop. A doctor is likely to diagnose acute whiplash if pain, swelling, stiffness or tenderness is experienced in the neck or lower back. Medical records can be used as evidence to further improve the claimant's odds of receiving compensation.
Legal advice
Shunning accident-management firms and insurance companies, a person who suffers whiplash as a result of somebody else's negligence ought to contact a no-win, no-fee personal injury solicitor to discuss the possibility of claiming compensation. The solicitor will guide a client through every stage of the claims process. All claims for compensation must be made within three years from the date on which the cause of action occurred or, if later, three years from whenever the claimant became aware of the injury.
This post was written on behalf of Hughes Carlisle who has a specialist team of solicitors in Liverpool in a range of legal areas.