What is whiplash?
A very common injury that occurs as a result of either a road accident or a sports accident is whiplash. There are three parts to this injury: the soft tissue damage which occurs in your body, the related bodily symptoms and the claims process for obtaining compensation. In this section we will concentrate on the definition of whiplash.
When you injure your neck or back, your body’s response is to go into a mode of protection (without your knowledge or the ability to control it). Your brain basically instructs your muscles to tense up for protection, which can cause pain and further damage to occur. The medical technical term associated with this condition is "cervical acceleration-deceleration injury," but it is more widely known in the legal world as whiplash. Whiplash is medically defined as an injury to the soft tissues of the neck resulting from trauma, characterized by stiff neck pain and headaches. The diagnosis is most often associated with being rear-ended in a vehicle, but can occur if your vehicle is struck in the front or on either side.
Whiplash is very common but that does not mean it can be underestimated . As with any other injury, it can have serious long-term effects and it is important to seek assistance from a personal injury solicitor who has expertise in this area. People suffering from whiplash experience neck injuries at different levels of severity. As a result, no two people have the same symptoms or most suitable treatments.
The neck has 7 vertebrae that support the skull on top and your spine. It stretches down to your upper back. Connected to these vertebrae are the ligaments, discs and nerves. Whiplash injuries range from mild cases where there are stretch injuries to ligaments or a muscle strain and at the extreme a fracture or a dislocation of the vertebrae. To describe the injury, the body either "whips back and forth" in a violent manner or it bends forward and then back again. Typically the neck and upper back suffers from pain and discomfort with restricted movement.
Some common symptoms of injury include:
Whiplash can occur in different types of accidents and in any type of collision. For example, it can occur if your car is rear-ended, hit from the side, front or even if you are hit while riding a bicycle. Whiplash most commonly occurs in a rear impact collision because your body is unprepared, creating forces twice that of gravity on your neck.
Lawyers Dealing with Whiplash Cases
To legally pursue a whiplash claim, one must file a personal injury lawsuit. A lawyer, a professional who has received the education, training and licensing required by law, is usually hired in order to manage the claim. The lawyer will then go to work, building a case in order to prove that whiplash had resulted from another party’s negligent behavior. A lawsuit is typically filed after the injured party has had the chance to heal. Because there is a specific amount of time allotted for these claims, they should be addressed without delay. Once the lawsuit is filed, the defendant and the insurance company each have 30 days to respond.
Documentation is critical to the success of a whiplash claim, and this includes gathering medical records pertinent to the injury, as well as complete copies of the accident report generated by the police. Statements are obtained from any witnesses who were present at the scene of the accident. A whiplash injury can be quite serious, affecting the vertebrae of the cervical spine. Because the injury is so painful and debilitating, full documentation is required in order to receive restitution, which can pay for rehabilitation, provide compensation for lost wages and in some cases, provide damages to pay for reduced earning capacity.
How to Prove Whiplash
The most challenging step for a plaintiff is proving their injuries in cases of personal injuries. This is because it is usually not enough just to testify about your pain. You have to have the medical records and other evidence to support the testimony of your physician’s expert and your own testimony related to your injuries. A doctor may say, "I believe the plaintiff has a sprained neck", but they also have to have the medical records to back this up. This means that the medical records that are received for your case are extremely important and you will need to establish that the treatment you received was medically necessary based upon the injury.
To prove whiplash in court, you will need to rely on your medical records, which should include a diagnosis of your neck injury and the recommended course of treatment. Furthermore, you may need a medical expert’s testimony, who can explain how the injury can occur due to a traumatic event, impacting the spinal column, and how it can cause soft tissue injuries. Medical experts can also help explain your particular injuries and how they are impacting your life. Witnesses can also help. However, you should keep in mind that witnesses are only there to confirm the details of the accident. They are not there to testify about your pain or how you were impacted by the accident. Only a medical expert can do that. Thus, it is important you work with your lawyer to determine what witnesses, if any, to bring to the court to prove how your case and the injuries you have suffered have impacted your life.
How to Get Compensation for a Whiplash Injury
When pursuing compensation for whiplash injuries, the primary goal generally is to recover from the effects of the injury. When whiplash injuries present on a long-term basis they are one of the most difficult to treat and can lead to chronic pain, disability, and needs for in-home assistance. The broad range of motions in the head and neck do not lend to major muscle development and can increase problems with stress and strain when high impact force is received by the body. Medical treatments are ongoing and while most function can be restored with therapy some whiplash injuries may require medication and even surgical procedures to repair torn ligaments or even address slipped discs . Whiplash is also problematic for opening legal action as no two injuries are alike and it is difficult to determine the amount of damage when no other physical harm is seen on the body. A claim for whiplash that finds success is the result of proper medical documentation and diagnosis combined with insurance claims and the persuasion of a knowledgable attorney. With an understanding of whiplash law you will feel confident that your needs will be met when seeking compensation for your injuries.
Modern Changes to the Law
A further impact of the rise in fraudulent claims is the Government’s determination to tackle the issue head on with the introduction of new legislation pursuant to the Civil Liability Act 2018 (CLA). The CLA is a change in the law which reformats whiplash compensation claims and sets out how compensation should be calculated. The CLA first introduces a ban on referring lawyers in insurance policies to assist with whiplash claims, even when an insured has paid a premium for this service. It also introduces the capability to make fraudulent whiplash claimants pay the other side’s cost. It is thought that this will act as a deterrent to fraudulent claimants who, if caught, will not only lose out on their claim for the whiplash injury itself but would also be left with a substantial legal bill which would tie the claimant to the other side – who in the majority of motor cases is the insurer of the at fault driver. This element of the CLA gives the at fault driver much more power in how matters are resolved, unlike now where it is the insurer of the at fault driver who gets to choose whether matters are dealt with in court or by way of negotiation. The CLA also introduces fixed tariffs for whiplash claims, which are now defined in law. Previously lawyers would refer to Guidelines established by Judicial Studies Board (although the guidelines were not statutory). The new system introduces fixed tables for tariff payment amounts for whiplash claims, which lawyers of claimants will now use to work out what a claim is worth. The limitation on the tariff will be 2 years if recovery takes place within 9 months from the date of the accident, tapering down to a limitation period of 4 weeks for injuries which recover within 2 years. If a whiplash claim lasts longer than 2 years then the previously used judicial system is to be referred to in order to work out the value of the claim. This can only apply however if the doctor involved in the claim assesses the claimant as having a "moderate", "serious" or "severe" whiplash injury for the duration of 2 years. Anything under this will be referred to the fixed tariff. It will also not apply if the claimant is found to have caused the accident, or has been implicated to a fault greater than 50% for the accident.
Finding a Whiplash Attorney
In the case of a whiplash injury, and where the accident was caused or largely caused by the fault of the other driver, such that there is potential liability on the part of the other driver, it is strongly recommended that you hire a specialized lawyer who has particular experience in these types of cases. You will want to be represented by a Whiplash Lawyer who knows and understands the mechanics of whiplash injury and who understands the strategy involved in getting maximum compensation.
There are effectively three ways that people end up with a good Whiplash Lawyer. The first way is by referral from friends and/or family members who have had the good fortune of hiring an excellent lawyer in their time of need. The second way lawyers find good Whiplash Lawyers is via legal networks consisting of lawyers who know their reputations and work within interactive legal groups. The third way of finding a good Whiplash Lawyer is by an excellent, or the best, Whiplash Law referral service on the internet.
Once you kickoff your search for a Whiplash Lawyer you will then need to research which of the Whiplash Lawyers you come across are experienced with whiplash injury claims. The ideal way to achieve this is to find a Whiplash Lawyer who has had plenty of experience in successfully representing clients with whiplash injury cases. If you can contact at least five Whiplash Lawyers for an initial interview , it is likely you will find one or two who are Whiplash Lawyers who have sufficient experience to win the maximum compensation for your injury.
Most Whiplash Lawyers offer free consultations on their Whiplash Law services, so there is no risk to speak to them to see if they are the Whiplash Lawyer you want to hire. Of course upon retaining the Whiplash Lawyer you want to hire that may consist of not having to pay any legal fees until the compensation is recovered.
Once you have retained the Whiplash Lawyer you want to hire, then the Whiplash Lawyer will assist you with ongoing medical examinations that are required under the no-fault insurance system. This includes managing authorizations for treatment such as physiotherapy, massage therapy, acupuncture, etc. It also consists of managing the assessment process for both the independent medical examination (IME) and the insurer’s medical examination (IME). This is typically done by the Whiplash Lawyer and his or her law firm… but the client is expected to attend the medical examinations.
The Whiplash Lawyer will also manage the litigation process and claims process with the other driver’s insurance company, amongst others. This requires ongoing correspondence and sometimes negotiation with the doctor’s offices, insurers, the injured person, etc. Of course the Whiplash Lawyer is also required to do the paperwork associated with a lawsuit if a lawsuit is required. Ultimately, the Whiplash Lawyer’s job is to maximally represent the clients’ best interests to get them the maximum compensation for their whiplash injury.