What Is Whiplash?
Whiplash is what we describe any damage caused to the neck and spine. It’s often caused in car accidents when the impact forces you to jolt forwards quickly then back causing your neck to hyper-extend itself. It’s a whipping motion which is why it’s commonly known as whiplash.
What are the symptoms of whiplash?
Whiplash victims can experience some or all the following:
- Headache
- Neck pain
- Back pain
- Shoulder pain
- Concussion
- Shock
Whiplash can also cause psychological damage and cause anxiety, stress and bring on nightmares. In cases where your whiplash symptoms developed quickly, the more likely it is to be serious.
Can I Claim For Whiplash?
Yes. You’ll need to provide medical evidence from your doctor to confirm you have suffered whiplash and how it has affected you. When you are involved in any road traffic accident, its good practice to write down as much information as possible and take photographs and details of any witnesses. Often at the time of an accident you are in shock and not thinking of your injuries but it’s important that everything you remember from the incident is recorded somewhere in case it’s difficult to recall later. Police reports also help us to understand how the accident happened and where the liability lies.
Our whiplash claims solicitors in Scotland will also arrange for you to have a medical examination to assess your injuries and strengthen your case to claim compensation.
When assessing the viability of a claim, the following factors are taken into consideration:
- How severe the pain and suffering of the victim is
- How long the pain has lasted and are they still suffering
- How the injury has affected your ability to work and earn a living and carry out day to day activities.
- Any out-of-pocket expenses incurred as a direct result of your accident
These are broken down into two sections for awarding compensation, general and special damages. General damages takes into account the pain and suffering you have endured and how it will impact your future. Special damages takes into account any loss of earnings and expenses you have had to pay out for such as prescription or travel costs and any specialised medical treatment.
How Long Will My Whiplash Claim Take?
This depends on a couple of factors, how severe your injuries are and if the other party admits liability.
In most cases it takes some time to thoroughly assess the impact of the whiplash on your health. In most cases this cannot be understood straight away because it can very from having a minor impact that lasts just a couple of weeks to causing recurring chronic pain which is considered more serious.
In the last 10 years whiplash has become the most common reason for pursuing a personal injury claim, this is partly down to the increase in car accidents in Scotland and the rest of the UK, sadly there is also a tendency for people to fabricate false whiplash claims after an accident to get compensation.
We thoroughly believe such practices should carry penalties for those attempting to abuse the system, but there are many genuine cases where whiplash has had a substantial impact on the accident victim’s life, and we encourage those people to make a claim if all the evidence is valid and the suffering is genuine.
While Scotish law has some unique differences to the rest of the UK when it comes to whiplash claims, they are broadly similar and the same process is followed. We are experts in both Scottish and English law and can assist you to claim compensation for your accident wherever you reside in the UK.