Whiplash

Whiplash is a non-medical term used to describe neck pain following an injury to the soft tissues of your neck (specifically ligaments, tendons and muscles). It is caused by an abnormal motion of force applied to your neck which causes movement beyond the neck’s normal range of motion.

How does whiplash occur?

• Motor vehicle accidents
• Accidental falls
• Assault

The most common of these is the acceleration/deceleration motion which is created when a collision occurs in a car, causing the driver or passengers to move forwards and backwards within the vehicle. The speed of the collision need not be fast for whiplash to occur.

What do I need to prove?

1. That the accident was caused by the fault of another
2. That your injury was caused by the accident
3. Exactly what injury you did suffer and how long it will take to resolve
4. Any additional costs and losses such as loss of earnings, care, equipment etc

Practical Advice

• Report the accident to your insurance company and/or the Police
• Take names and contact details of witnesses to the accident
• Take photographs of the accident scene or at least the area where the accident happened
• Seek medical advice for your doctor or a hospital
• Keep receipts of any expenses incurred, such as prescription charges, other medical supplies, travel and parking, loss of earnings, holidays taken from work to attend medical appointments, expenses incurred by others on your behalf

How do I go about choosing a Solicitor?

What are the options?

• Legal Expenses Insurance – Panel Solicitor
• Own choice of solicitor (and if necessary obtain insurance to cover the risk of losing your claim)

Legal Expenses Insurance (Before The Event “BTE” insurance)

It is sensible to engage a solicitor who specialises in your type of claim and, if you have had a serious injury, to ensure that they has experience of dealing with that particular type of injury (for instance, brain or spinal injury). You may be invited to use a firm of solicitors appointed by your own insurance company. Things you may want to check are:

• The qualification and experience of the person dealing with your claim on a day to day basis, for instance whether they are a qualified solicitor;
• What the level of legal expenses cover is.

Own Choice of Solicitor

• Even if you have Legal Expenses Insurance, you still have the right to choose an independent solicitor. Most solicitors will accept personal injury claims on a “No-Win, No-Fee” arrangement (also known as Conditional Fee Agreement);
• You can obtain what is known as After the Event (ATE) Insurance to cover the risk that you may lose your claim.