WHIPLASH FACTS

Whiplash is caused by a sudden, moderate to severe strain which affects the bones, discs, muscles, nerves or tendons of the neck.

There are estimated to be over 100,000 such injuries in the UK every year and most occur as a result of a motor accident, an accident at work or impact involving contact sports.

The injury results when unexpected force suddenly jerks the head backwards and then forwards whereupon the bones of the neck move slightly out of position, the muscles and tendons may become torn or stretched causing irritated nerves.

Why claim?

Your injury may be more serious than you think at the moment. Often there can be a delay of a few days or injuries can recur or get worse. If you do not lodge a claim within 3 years of the accident you may lose the right to receive any compensation in the future. Compensation can vary from a few hundred pounds to several thousand depending on the medical evidence.

Diagnosis of Whiplash

This is based on observation of the patient’s symptoms, consideration of the medical history, physical examination to determine whether the neck and spine has been injured. The symptoms of whiplash may appear immediately following the accident or they may not develop until hours, days or weeks after the injury occurs and may commonly include some or all of the following:-

  • Headaches/dizziness.
  • Pain or stiffness in the neck, jaw, shoulder or arm.
  • Blurred vision.
  • Pain, pins and needles, numbness or muscle spasm in the shoulder, hands or arm.
  • Reduced ability to turn and bend.
  • Nausea and sometimes vomiting
  • Low back problems.

Whiplash injury Risk Factors:

  • Occupants who are aware of an impending rear and crash generally have less severe injuries.
  • There is usually a direct relationship between the extent of damage to the vehicle and the risk of injury but this is far from absolute.
  • Looking towards the side or down may increase the risk of facet joint injury.
  • The incidence of serious head injury is significantly reduced if a seatbelt is worn although studies have found that they increase the risk of minor and moderate neck injuries.
  • In the proper position, headrests will reduce injury.
  • Side collisions produce more severe injuries than rear end shunts.
  • Immediate server symptoms are likely to indicate a bone or joint or neurological injury.

The Facts

  • Whiplash injury is usually not serious and permanent damage is rare.
  • Only a small percentage or people will suffer long term residual symptoms.
  • Any serious injury is normally noticed at the time of, or immediately after the accident.
  • Pain which develops hours or days after the accident usually indicates that the neck is not seriously injured.
  • Lower back injury is rarely serious.
  • Serious back pain usually improves within a few days but general aches and pains can last up to 18 months or more.
LATEST NEWS

UK motorists are easy prey for insurance under-valuations, according to a recent report.

As a result, motor insurance complaints to the Financial Ombudsman Service rose by 6% last year – with key criticisms surrounding pay-outs following an accident.

In cases where injuries are sustained, accident victims can recover compensation to cover costs both as a result of the accident and for any financial loss incurred during the rehabilitation process.

In 2007, Miss Smith, aged 17 from Frinton on Sea, Essex, was traveling as a passenger when the driver lost control of their vehicle and collided with another car.

Miss Smith was knocked unconscious, suffering a gash to the head and significant cartilage damage to her knee.

She underwent reconstructive surgery and was left with limited mobility and unable to work for a considerable time.

Soon after the accident, a representative of the driver’s insurance company, Quinn Direct, personally visited her and offered to settle her claim.

Aged just 17, and too young to enter into an agreement, Miss Smith recalls being pressured into making a decision: “When the man came around I was still not thinking properly.”

“They telephoned [after the visit] and said if I didn’t’ settle it would go to court and I wasn’t up to that at the time. They took advantage of a 17 year old girl.”

Miss Smith found it difficult to go about day to day tasks, and needed round the clock care in the early stages. It wasn’t until she sought legal advice that she realised her initial offer was no where near proportionate to her losses.

After a lengthy legal battle, she was awarded £19,900 in compensation – over ten times the amount initially offered by Quinn Direct.

Undervaluing and pressuring young or naive victims to settle claims is an underhanded tactic adopted by some insurance companies to reduce costs.

The 2011 Financial Ombudsman Annual Review suggests: “We continue to see some insurers making offers to their customers that they should know are lower than they ought to be.”

A proposed governmental cap on lawyer’s fees and ban on no-win, no-fee claims will only serve to starve many genuine claimants of legal services and financial support in the event of an accident.

Like a large proportion of the UK, Miss Smith would have had little in the way of support without no-win, no-fee help: “I don’t qualify for legal aid and [without costs being covered] I would not have been able to carry on as I have too many outgoings to afford legal help.”

Amanda, personal injury manager at Wosskow Brown Solicitors, said: “Miss Smith wasn’t aware of the support she was legally entitled to. In some instances, we’ve found insurance companies will prey on this naivety and pressure clients to settle on amounts that do not reflect their losses. As highlighted in this particular case, it’s imperative that accident victims seek legal advice before settling any claim and don’t give in to any pressure tactics to push you to settle.”

16-March-2012

As one of the founding members of the Lawyers Against Fraud group, we are keen to make the point that Defendant Solicitors are not the only ones wanting to stamp out fraud.

We do regular checks on our clients to check out whether their claims are genuine but these are never guaranteed.  Even more frustrating though is the blanket policy of third party insurers alleging fraud against innocent victims simply to try and scare them into submission and surrender their access to justice.

We would welcome openness and honesty with the early exchange of information but all too often we are given new evidence at the Court steps or we find out that there was no substance to the allegations in the first place.  Little is said of this conduct in discussions concerning the rise in insurance premiums and we have a long way to go to try and persuade the public that Claimant lawyers are not the ambulance chasing fraudsters that they are portrayed to be but we remain committed to our clients and ensuring that they get a fair deal as innocent victim.

Sally Mallinson - Partner & Head of Personal Injury at Wosskow Brown Solicitors

22-February-2012

Due to our department expanding and developing, we have a vacancy for an Office Junior at our Attercliffe Office.

If you think that you could be interested, have a look at our Current Vacancies page for more information.

20-February-2012
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Contact Us: The John Banner Centre, 620 Attercliffe Road, Sheffield, South Yorkshire, S9 3QS | Tel: 0114 256 4000 | Email: claims@wosskowbrown.co.uk