WHIPLASH CLAIMS - NO WIN NO FEE COMPENSATION
This injury results from the backward and forward movement of the head, caused by sudden acceleration or deceleration. The resultant stretching of the neck muscles and ligaments causes inflammation, pain and muscle spasms with occasional involvement of more serious injuries to the cervical region of the spine particularly to elderly patients. To succeed in whiplash claims the victim must prove negligence by showing that the other driver was at fault and that the injury was caused as a result of the accident:-
- The most well known definition of negligence is :-
- "the omission to do something which a reasonable man guided upon those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent or reasonable man would not do."
- A modern definition of negligence is :-
- "negligence is a civil wrong, which involves a persons breach of duty that is imposed upon him to take care, resulting in damage to the complainant".
HELPLINE 0844 332 0553
Legal Procedure
A solicitor instructed to act in whiplash claims will initially investigate the circumstances of the accident, take statements from the injured person and any witnesses to the accident and obtain any experts reports necessary to prove the whiplash claim. A formal legal letter is then written to the person at fault with insurers usually contacting the claimant's solicitors to attempt to agree on a medical practitioner to assess the injuries. Claimants must always have a medical report to establish the value of the pain and suffering in whiplash claims. The report must clearly describe the degree, extent, and anticipated recovery time of the injury combined with an assessment of the pain and suffering that followed. The consultants are usually from the disciplines of accident and emergency, orthopaedics and neurology.
HELPLINE 0844 332 0553
Damages Awards
Damages can be claimed for the pain and suffering of the injury itself both past and future and for consequential financial losses including loss of wages following the accident and potential loss of wages in the future. Following receipt of the medical report attempts are made to negotiate a value of the whiplash claim. If the insurers deny liability for the accident or a figure cannot be agreed for the value of compensation then an application is made to the court to determine the contested issues. The normal court procedures are used to take the claim up to a trial and a Judge usually in the County Court then decides on liability and the amount of compensation. Only a very small percentage of whiplash claims reach the court as most are settled by negotiation.
HELPLINE 0844 332 0553
Motor Insurers Bureau
If the person who caused the accident is uninsured or untraced then an application for compensation can be made to the Motor Insurers Bureau which is a fund contributed to by all insurance companies to compensate the victims of uninsured or untraced drivers.
HELPLINE 0844 332 0553
No Win No Fee
If you would like free advice on our no win no fee legal service just use the helpline or complete the contact form and a member of the Law Society panel of personal injury experts will speak to you on the telephone you with no further obligation.
In the case of CICA claims terms will vary and in the case of MIB claims terms may vary.