Should You Make A Claim For Whiplash
Why should you make a claim for whiplash? Most commonly whiplash injury is sustained in a car accident. It can also be sustained in work place, sports or fall from a height. Whiplash injury invariably is resulted followed by a neck injury. Sometimes the neck injury takes three to four weeks to turn out as whiplash injury. Claim for whip lash is the privilege for the sufferer, whiplash claim is considered as personal injury claim.
If it is felt necessary to pursue claim for whiplash after a car accident, medical report after accident has an important function for both the personal injury solicitor and the opponent’s solicitor. Doctor’s observation will clarify the intensity of injury. Past medical records are even more important. If the past medical record does not reveal any neck related treatment then whiplash claim is justified. In case the record shows that there were some allied treatments earlier then it may work adverse for pursuing a claim. However, if a person is sustained whiplash injury in a car accident which is not the fault of the injured then the medical reports becomes irrelevant and the claim could be pursued.
If a person has to stretch his neck beyond its limit what is known as rubber neck, while curiously watching say an accident scene may result in whiplash injury. Claim for whiplash cannot be pursued for such cases because the injury sustained is self negligence.
If symptoms like neck pain, head ache, dizziness, blurred vision, pinning pain, numbness and restriction to bend down are experienced then the claim is worth pursuing. Whiplash injured person is entitled to be compensated for all losses suffered as result of accident along with the compensation for the whiplash. Losses include damage to clothing and property, loss of earnings, if the car is damaged to an extent that is off the road, and then hire charges for replacement car and insurance excess if any. Claim also include compensation for pain and suffering because of accident and for future loss like inability to work, denied promotion prospects and unable to participate in certain sports.
Many people have anxiety about whether it is ethically right to make claims for whiplash and whether they will be involving themselves in an expensive legal procedure if they engage a solicitor. There are successful case records which will induce an injured person to venture in pursuing a claim. Following is one such case record. A woman was waiting in her car waiting for the traffic to move. Hand brake was applied because her car was in a gradient. All in a sudden a fast approaching car from behind collided the back of her car. The driver of that car banged the brakes, but it was too late and the heavy impact damaged the claimant’s car. Initially after the accident she could come out of her car and exchange details. But within minutes she felt pain in her neck. She was in great pain before the ambulance reached hospital. Injury was identified as whiplash injury. She won the case and received compensation for pain and suffering, treatment and physical therapy costs and loss of earnings.
To make a claim for whiplash you should not have a history of neck problems.
Related Articles:
Whiplash Claims For Physical And Monetary Losses
What is a Whiplash Claim Worth?
THIS is good article but I disagree with one point you can make a whiplash claim if history of neck injuries, in fact its worth more because accident has caused more pain to a pre-exsisting injury. Aggravating that injury gets into more of an issue and insurance companies want to settle and bail out of any long lasting problems that may be associated with such a claim.