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Whiplash Injury Compensation Claims

If you or a member of your family is suffering from a whiplash injury, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing a claim enquiry form.

Specialist Personal Injury Lawyers
What is Whiplash?
Road Accidents Involving Whiplash Injuries
Symptoms of a Whiplash Injury
Treatment for Whiplash
Action to Take Following a Car Accident
Making a Whiplash Compensation Claim
Compensation

How Much Compensation am I Likely to Receive?
Successful Whiplash Claims

 

Specialist Personal Injury Lawyers

The Legal Line lawyers, Thompsons Solicitors, have extensive experience in recovering compensation for victims of whiplash injuries caused by road traffic accidents. They can provide expert accident claim advice on all areas of making a compensation claim and offer the assistance and guidance that you need on a completely cost free basis.

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What is Whiplash?

Whiplash is the term used to describe a type of injury which occurs when the head is thrown suddenly away from the body with force and the soft tissues around the spine are stretched. 

This type of injury primarily affects the neck and back and occurs most commonly after road accidents.  There are other causes of whiplash however, for example sporting accidents, falls, accidents at work, blows to the head or accidents on amusement park rides.

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Road Accidents Involving Whiplash Injuries

Unfortunately, whiplash injuries are quite common in car accidents and motorcycle accidents, most notably in cases where one vehicle collides with the rear of another. This can cause the occupants’ heads to be thrown forcefully back and then forwards, causing damage to the muscles and soft tissues.

In cases where a driver fails to pay attention to vehicles in the road ahead of them or does not leave a sufficient braking distance, causing this type of accident, it is clear that they have acted without due care and responsibility. It should be noted however that ‘rear end shunts’ are not the only accidents in which a whiplash injury can be sustained.

In 2005, our lawyers won a case at Manchester County Court where the defendant strenuously denied that the claimant’s whiplash injury could have been caused in a low speed accident.

Despite the fact that the defendant brought forward a commended engineering expert in an attempt to prove their point, our lawyers were able to submit sufficient evidence to the judge that it was possible for the damage to be caused in an accident at two to five mph.

This approach has been taken by insurers towards a number of perfectly legitimate claims, however has been dismissed by judges in favour of compensating honest, innocent victims. In this case, the judge awarded damages to the injured party, including extra penalty interest and legal costs to penalise the defendant.

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Symptoms of a Whiplash Injury

Generally this type of injury causes varying degrees of pain, stiffness and restricted mobility to the neck, back and shoulders. Other related symptoms include:

• Headaches
• Tingling sensations ('pins and needles') or numbness to the arms and hands
• Muscle spasms
• Lower back pain
• Dizziness
• Swelling and tenderness of the neck
• Sleep disturbance and fatigue

The symptoms of a whiplash injury do not always become apparent immediately after an accident, it may take several hours, or in some cases a day or two, for them to develop.

Many people will recover fully from a whiplash injury within a matter of weeks or months, however this does not apply in every case. Something that the majority of people do not realise is that severe whiplash can be a long term, or even permanent condition, requiring extensive medical treatment.

At The Legal Line, we have access to experienced medical specialists who can act as expert witnesses for the courts and understand the nature of the condition.

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Treatment for Whiplash

The application of a cold compress or ice pack in the first 24 hours after a whiplash injury will usually help to relieve the pain and inflammation.  It is always advisable to seek advice from your GP or a hospital if you have been injured. 

Depending upon the severity of your injury, your GP may recommend ways that you can assist your recovery yourself, such as exercises to carry out at home, or may refer you to a physiotherapist or osteopath for treatment.

Often, so long as there is no suspicion of a fracture or dislocation, gentle exercise of the affected area and anti-inflammatory tablets will be advised to ease the pain and promote healing.

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Action to Take Following a Car Accident

If you are unlucky enough to be involved in a road traffic accident, you will naturally be left quite shaken. It is easy under these circumstances to forget details of what has happened or become confused, so below you will find some pointers on what to do after an accident has occurred:

• Firstly ensure that you and any passengers involved in the road accident are safe and call for an ambulance if urgent medical attention is required.
• Try to record as much information as possible about the accident. This could include the exact time, date and location, details of the other party and their vehicle, insurance information and witness contact details.
• If you are able, take photographs of the vehicles and accident location.
• If anyone is injured, it is essential to call the police. They will record details of the accident and the parties involved in order to compile a report. This will be important in any following claim or legal action.
• In the time following the accident, retain details and receipts of any medical treatment or injury related expenses you may incur.
• Obtain the advice of a specialist personal injury solicitor.

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Making a Whiplash Compensation Claim

All road users have a duty to act with consideration to others and must abide by the Highway Code.  For most types of road accident, any claim for compensation will be made against the insurance policy of the responsible party, usually another driver or motorcyclist.

If the third party is uninsured, it may be possible to pursue a claim through the Motor Insurers’ Bureau (MIB), an organisation that helps to recover compensation for the victims of accidents caused by uninsured drivers.  The same applies if you are the victim of a hit and run accident where the other driver is untraced.

In some cases however, the accident may have been caused by the local highway authority. An example of this would be an accident caused by ice or snow on the road, where the authority had failed to take safety measures such as gritting, in accordance with S.41 of the Highways Act 1980.

In every case, medical evidence will be required, and it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence. Your lawyer will be able to compile all of the necessary information and evidence to support your case and advise on the best way to proceed.

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Compensation

There are two elements to a compensation award. The first is for the pain and suffering you may have gone through and what is known as loss of amenity. This is called general damages and compensates you for your injuries and any future financial losses caused by the injury.  It can include an award for your inability to do things after the accident that you used to be able to do before, eg, wash your car, play sports, walk the dog, etc. The award for loss of amenity can be for a short period after an accident or for ever if that is what the medical evidence supports.

The second element of a compensation award is for your losses and expenses and is known as special damages.  This reimburses you for any actual losses, such as any loss of earnings or injury related costs, eg travel or medical expenses.  It is important to keep receipts for any expenditure you have related to the accident, so that these can be reclaimed. The aim is to put you back in a position financially as if the accident had never occurred.

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How Much Compensation am I Likely to Receive?

The details of each case are assessed individually, as a number of factors affect the amount of compensation awarded in a personal injury claim. These include the extent of the injury, recovery period, any loss of earnings, other losses related to the injury (for example medical expenses and care costs) and whether or not the victim was partially to blame.

Awards made in previous claims of a similar nature are used as a guideline however, together with general guidelines from the Judicial Studies Board. Our ‘How Much’ section provides further information and you can find details of previous settled cases in our news and success stories sections.

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Successful Whiplash Claims

Follow the links below to see examples of successful claims pursued by our lawyers on behalf of injured people:

• Over £11,300 for couple injured in car accident - John and Sue suffered whiplash injuries when another car came out of a side street at speed and collided with their car.
• £1,500 whiplash compensation from Motor Insurers Bureau - David Moore was injured in a road accident

• £4,328 for Donna Goldthorpe after an accident when she was learning to drive - Another vehicle ploughed into the rear of Donna's stationary vehicle, causing her to suffer whiplash injuries.
• Kathleen James was awarded £1,705 with help from The Legal Line - Kathleen was in her husband's stationary vehicle when they were hit by another driver.  She required remedial treatment for whiplash.
• Whiplash Compensation for Driver Let Down by Insurers - Christine Morton was hit by a vehicle overtaking a badly parked lorry at a junction she was pulling out from.
• Road Accident Victim Receives £4,000 Damages After M40 Collision - A studio rigger suffered whiplash after a motorway accident and our lawyers assisted him in claiming compensation.
• Mr Parker, who sustained whiplash injuries in a road accident - In this case the claimant suffered neck and back injuries following a road accident on a roundabout.
• Compensation Claim for Driver’s Whiplash Injury - Our lawyers recovered compensation for a man who suffered whiplash to his neck and shoulder.

Read details of successful whiplash cases handled by our specialist personal injury solicitors:

• A personal injury claim can result from a wide variety of accidents and circumstances, but one of the most common causes is being involved in a car accident. Our client was travelling in her car when, without warning, another vehicle turned right out of a side road, immediately into the path of our clients vehicle. Unable to avoid this car accident, our client’s vehicle hit the drivers side of the other vehicle, causing her to be thrown backwards and then forwards. Fortunately, she was saved from more serious injuries as she was restrained by her seat belt. However, she suffered whiplash injuries as a result of the impact. The force of the impact was so severe, that her door was jammed.
  
  Although she was not taken to hospital immediately following the car accident, and did not experience immediate pain, during the night she was awoken by pains in her neck and upper chest. She also had marks that were made during the road accident by the impact of the seat belt across her chest. She experienced nausea and suffered physical stress, which caused her to tremble for some time. The day following the car accident, she went to her local hospital where it was confirmed that she had sustained a whiplash injury.

  Because her whiplash injuries have left her unable to stand for long periods, she was unable to return to her work as a support worker for several weeks. When she did, she had to change shifts to reduce the time she was required to stand. Several months after the road accident, she still suffers anxiety when travelling in a car. She has also been unable to return to her hobby of cycling, as she is anxious on the road. Her sleep has been disturbed since the accident and she suffers morning stiffness when she wakes.

  Most of her symptoms are improving but it is likely to be several months before she is fully recovered from these whiplash injuries. She has to take care in some circumstances that she does not aggravate her injuries. For example, turning her head to reverse the car, or pulling on the lead by her dog, or any sudden movement, triggers her symptoms.

  The defendant had failed to take notice of several aspects of safe driving, including failing to stop at the road junction, or obeying the give way signs. Neither had the defendant seen our client’s vehicle or kept a proper lookout for other vehicles. The defendant admitted liability for this car accident claim relatively quickly. Detailed negotiations with the other side’s representatives then resulted in a satisfactory settlement of over £3,000 in whiplash compensation for our client.

• A confident professional, our client’s life was changed for ever when he was involved in a road traffic accident. Described as a dedicated and committed individual, with charm and intelligence, he suffered both physical and psychological injuries following the car accident when his car was hit in the rear by a transit van. Colleagues have recently described him as not the man he once was.
  
  At the time of the car accident, our client was stationary in traffic approaching a roundabout, and was shunted forward, causing whiplash injuries. Fortunately, he had left sufficient space between himself and the vehicle in front to avoid further collision and personal injury.

  As a result of the sudden impact, our client was jolted forward, immediately experiencing pain in his neck and shoulder. This was quickly followed by a sharp spasm of pain in his back as he got out of the car. Prior to the road traffic accident, he had been suffering with some discomfort to his shoulder and this was exacerbated by the accident, as well as causing additional whiplash injuries. During the day, the pain in his neck and back became worse and on visiting his GP, he was diagnosed as having suffered a very bad whiplash injury. Further medical investigations confirmed he had suffered a soft tissue injury to his spine. He underwent physiotherapy treatment which eased his pain to some extent.

  Immediately following the road accident, he was unable to work for about 2 weeks, but following his return to work, he began to experience more severe pain in his back, with some additional discomfort to his legs. As these symptoms failed to improve over time, our client became depressed and was unable to cope with the demands of his job. Some 18 months after sustaining these whiplash injuries, he was offered early retirement on the grounds of ill health. He has not been able to work since then.

  His depression resulted in his avoidance of social or stressful situations which in turn affected his outlook. He has continued to suffer various symptoms including insomnia and panic attacks. Our client feels he has become irritable and describes himself as difficult to live with. Worry about leaving him alone, resulted in his wife giving up the job she loved, in order to provide him with the support she felt he needed to recover from the traumatic effects of this road traffic accident.

  Although the nature of the accident clearly indicated that liability was with the defendant, who was in the rear vehicle, the insurers refused to negotiate a settlement. It was necessary to commence court proceedings but satisfactory settlement terms were eventually agreed. Our compensation solicitors, who specialise in whiplash claims, were able to secure a sum of more than £50,000 in accident compensation. Part of this had been paid as an interim payment which enabled our client to somewhat alleviate his financial problems caused by his enforced early retirement, and his wife’s forced abandonment of her job.

• Our client suffered severe injuries caused by whiplash when her car was in collision with another vehicle, being driven without due care. In 2004 in the course of carrying out her work, which required her to travel to a number of locations throughout the day, another vehicle exited a side road and collided with the driver side of her car. The injuries sustained during this road traffic accident were more complicated because our client had been in the process of changing gear and had one hand on the gear stick. The car was knocked sideways and her shoulder was wrenched in its socket.
  
  Initially refusing medical treatment but clearly shaken, she allowed herself to be taken to a nearby location where she was made comfortable before being taken back to her work base and then sent home. During the day her shoulder became more uncomfortable and painful and finally both the shoulder and neck became stiff. She was taken by her husband to hospital for treatment and referred for physiotherapy for her whiplash injuries.
  
  After several months of unsuccessful treatment, our client was advised that an operation was necessary and although this gave some relief, she was still in constant pain. Finally deciding to seek alternative treatments, she paid for reflexology and other treatments. This at last provided some relief, a sense of wellbeing and a more positive attitude to the future, and the start of the journey to recovery. Whilst she will never have full mobility of the shoulder, being unable to raise it behind her back, her condition is much improved and she has explored the options of work available to her with the same employer.
  
  Her work before the road traffic accident had involved regular heavy lifting and she was only allowed to return to work after 9 months on the basis of work which involved only light duties. This work is much less satisfying for our client and together with the continued pain and discomfort, caused her to become stressed and irritable in her family relationships. Unable to carry out her normal household chores, these either were not done, or were carried out by members of her family, causing them additional work. Still unsure of the viability of returning to her original duties, our client is now beginning to explore other opportunities for a career change.
  
  Initially denied by the other driver, the defendants admitted liability for the road traffic accident and our personal injury lawyers who specialise in road traffic accidents, were able to secure £30,000 for our client in damages for her whiplash injury and its effects on her work and personal life.

• Our client, who was a bus driver, received whiplash injuries after he was involved in a bus accident during the course of his employment. He had brought the bus to a halt, when, without warning, the bus was struck from behind by another heavy vehicle, shunting the bus forward. Our client was jerked backwards then forwards by the force of the impact.
  
  Within minutes, our client began to experience increasing pain in his neck and back. He sought medical attention that day and was advised that he had sustained a whiplash injury, for which he was prescribed medication. Later, when the symptoms became worse and he was unable to turn his neck, he went to see his own GP. It was confirmed that he had sustained a whiplash injury, or a strain to the cervical spine, and he was advised to rest and continue with the painkillers.
  
  Our client was anxious to return to work and when he felt some improvement, a few weeks after the accident, he returned to work. Although no long-term complications are anticipated, he currently still experiences problems with sleeping due to posture related symptoms in his neck. It is common for residual symptoms to persist for many months after involvement in a road accident of this type.
  
  During his absence from work, our client was unable to drive at all and had to rely on his wife. Normally a fit and active man, following the initial improvement and his return to work, our client used his hobbies of swimming and the gym to implement a gentle exercise routine to help him recover gradually from his whiplash injuries.
  
  Our personal injury lawyers, who specialise in whiplash injuries, were able to secure several thousand pounds in whiplash injury compensation.

• When one of our clients was involved in a road traffic accident in 2006, he suffered whiplash injuries which caused him to be absent from work for over 3 weeks. Our client was driving a bus, when another vehicle pulled out of a side road directly into his path, causing the bus to come to a sudden violent stop as the other vehicle collided with it.

  The bus driver asked us to represent him in this accident. The driver of the other vehicle admitted liability, having pulled out of a side road onto the main road. As well as driving too fast, he had failed to take proper care during the manoeuvre, and had failed to see the bus approaching.

  Our client suffered soft tissue injury to his neck caused by the whiplash injury, and bruising to his foot. Although his foot recovered fairly quickly, his neck symptoms took much longer to heal. He underwent physiotherapy for the pain in his shoulder and neck and he also suffered sharp pains in his head. The full symptoms were not expected to disappear for well over a year following the accident.

  Our personal injury lawyers who specialise in road accident claims, were able to negotiate over £3,000 in whiplash compensation for our client, and thus avoided pursuing the case in court.

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