WHIPLASH INJURY COMPENSATION CLAIMS
This condition is characterised by a collection of symptoms that occur following a sudden strain affecting the discs, muscles, nerves or tendons of the neck caused by rapid acceleration or deceleration of the head usually as a result of a road traffic accident. Whiplash injuries occur when the head is violently thrown backwards, forwards or sideways followed by reflex contraction in the opposite direction. The subsequent swelling and inflammation leads to pressure on the nerves often resulting in the classical symptoms of whiplash injury. Damage to the bones in the neck rarely occurs. If this condition is due to the negligence of a third party you can make a whiplash injury compensation claim for damages for personal injury and loss.
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Symptoms
These may be present directly after the accident or may develop gradually over hours, days or weeks. Pain and stiffness is caused by pressure being placed on the nerves as a result of tissue swelling which causes muscle spasms. Symptoms of whiplash injuries may include :-
- pain or stiffness of the neck, back, jaw, shoulders or arms
- headache & dizziness
- memory loss & concentration impairment
- depression
- nervousness & irritability
- sleep disturbances & fatigue
- loss of feeling, or burning or prickling in an arm or hand
- nausea or vomiting
- blurred vision
- balance problems
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Diagnosis
This is usually based on observation of symptoms, medical history and a physical and neurological examination which is performed to evaluate the patient's general condition. The possibility of whiplash injuries involving a fracture is usually eliminated by X-rays. Depending on the patient's symptoms, a CAT scan, MRI scan or other imaging tests may be necessary to assess the condition of the cervical spine's soft tissues including intervertebral discs, muscles and ligaments. If the accident was not your fault and you have a confirmed diagnosis by a qualified medical practitioner you should consider taking legal advice without delay, with a view to starting a whiplash injury compensation claim.
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Treatment
This is usually by way of pain medication, anti-inflammatory drugs, muscle relaxants and physical therapy. Severe whiplash injuries may be treated with a surgical collar, cervical traction and heat therapy. Rarely does the treatment of whiplash injury require surgery. Surgery is considered in severe cases involving persistent neck or shoulder pain. The pain may indicate a tear in an intervertebral disc which may have to be removed followed by fusion of the neck vertebrae. Serious long term whiplash injury is usually limited to vulnerable victims especially the elderly or those with a pre-existing history of neck problems.
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Compensation
The amount of whiplash injury compensation claim payable for pain and suffering depends on severity, the recovery period, and whether or not there are any permanent residual long term symptoms. Further compensation is payable for financial losses caused as a result of the accident.
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Medical History
It is important that you seek medical advice as soon as possible following whiplash injuries from either your General Practitioner or in more serious cases the Accident and Emergency department of your local Hospital. This requirement is not just for treatment and you should not 'tough it out' by refusing attendance on a medical practitioner as the written medical record will used in part for the assessment of the value of your whiplash injury compensation claim and it is important that the injury is documented fully and as soon as possible. Without a contemporaneous attendance for treatment it is doubtful that a claim will succeed.
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Legal Advice
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.