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  • Selena Taylor
  • January 31, 2024

Know Your Rights: The Ultimate Whiplash Claim Handbook in England

Empower Yourself with Essential Knowledge and Expert Advice for Whiplash Claims in England
Whiplash Claim

Is a whiplash claim something you’re considering after enduring an injury from a road accident that wasn’t your fault? If so, it’s time to initiate the process and make your whiplash claim. Before claiming this injury, you have to learn what this injury is, how to file a claim for this injury, and what the time limit is for filing a whiplash injury claim.

If you are also a beginner to all these legal terms, don’t worry; explore all the details related to the whiplash injury claim in this blog post. You can look into all the “what & why” details. So, start reading and make your claim without any hassle.

What is Whiplash Claim? - An Overview

A whiplash is a violent jolt that occurs in your neck or back due to a car accident. However, the effects of this injury or jolt remain only for a short time. A whiplash may cause sudden muscle stretch, severe back pain, and other issues such as mobility. If the whiplash injury is severe, it may lead to constant back pain or muscle stretch.

However, it happens only in severe accidents or scenarios. Unfortunately, it isn’t an easy task to assess the symptoms of a whiplash injury, especially in the case of a minor accident, as there will be no visible symptoms to prove this pain. However, the non-fault person can still file a whiplash injury claim through a solicitor or legal advisor. No matter what is the severity level of a whiplash injury, you can file for a whiplash claim only if you are:

  • Going through whiplash injury symptoms
  • Driving the car or in the passenger seat
  • Involved in a road traffic accident
  • Above 18 years

How Do I Know If I Have Whiplash Injury?

As mentioned earlier, you can witness the symptoms of whiplash injury only for a few hours after an accident. However, the time frame can vary in the case of severe injuries or accidents. The most common symptoms of a whiplash injury are headache and muscle stretch, the primary considerations. Most people may deny it, but a whiplash injury may lead to nerve damage or constant back pain if not treated well or on time.

You can also assist your physician if you are unable to know whether you are suffering from whiplash or not. He will not only provide you with medical assistance for claim purposes, but it is also crucial to maintain your physical health. You must contact an emergency or a specialist if you are going through the following symptoms.
  • Issues in walking, standing, and even sitting after an accident
  • No improvement in back and head pain despite medication.
  • Severe pain in your neck, back and head

When Do I File for a Whiplash Claim?

You can file a whiplash injury claim only if you have suffered whiplash injuries because of an accident. If you want to make this claim, you will also be from a non-faulty party. However, you can also file a claim if the accident was your and the next party’s fault. But you must provide clear evidence for this injury before seeking compensation. Keep in mind that you have a complete right to claim for whiplash injury whether you are in a driver’s seat or riding as a passenger.

By filing for the claim, you can get compensation that can be used to fulfil your medical expenses without putting your finances at risk. If you want to win potential compensation against a whiplash injury caused by an accident, ensure to file the claim within three years of an accident. However, considering 6 months whiplash compensation is also a good practice if you look for early compensation. To make a successful whiplash injury claim, follow these guidelines:
  • Look for whiplash injury symptoms to assess physical damage and make a valid claim.
  • Get accurate compensation amounts with the help of claim specialists.
  • Seek medical assistance immediately as this injury might worsen.
  • Go to a no win no fee solicitor to file a whiplash injury claim.

How Much Compensation Can I Get for Whiplash Claim?

The compensation you will get in return for a whiplash injury depends entirely on the accident or injury’s severity. Moreover, regional claim standards and rules also matter greatly while setting the compensation amount. If the whiplash injury remains for almost two years, you can get a maximum compensation of £5,000 in England.

You can also involve the court to increase compensation if you think the settled amount is less than you believe or demand. However, you have to provide the court with all relevant details of injuries, such as severity and time required to recover from whiplash injury completely. Remember that you cannot know the compensation amount at the start of the claim.

On the other hand, there is no specific time limit for the claim to be resolved. The reason is that each claim differs based on injuries and severities. But you can file and win a claim within months if it is simple and the accident was minor. If you want to settle your claim case in court, it will require more time than usual.

What is the Time Limit to Make a Whiplash Claim?

If the whiplash claim is simple and easy to handle because of all the details and accident evidence, it can be completed efficiently within two or three months. These claims are known as short-term claims. On the other hand, a few claims require more than six months for whiplash injury payouts.

It mostly happens when the details are missing, or the faulty party isn’t ready to negotiate. Most people also prefer to make settlements in the court rather than personally. So, court proceedings and completing the claim process is a time-consuming task. In the case of claiming on behalf of a child, you will have a time limit of three years from the date the child turns 18 years old.

Conclusion

The compensation range for a whiplash claim may vary from hundred pounds to thousands of pounds. However, it all depends on the severity of the injuries and accidents. However, you can determine the right amount by involving a solicitor or legal advisor.

You also have to remember that you cannot get an estimation for compensation at the start of the claim. So, you can determine the limits with the proceeding of the claim, whether in court or getting assistance from a solicitor.

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