There is a lot more to a whiplash claim than most people think – you can only truly understand what its like to suffer from this complicated injury by suffering the symptoms yourself. So, if you’re reading this, and you are suffering with whiplash, I know how you feel, and I sympathise with your suffering.
So – How do you secure your whiplash injury compensation? Well, I am pleased to tell you that it’s a very straightforward process with the right injury lawyer on board. Here are the Do’s and Don’ts for whiplash injury compensation claims, and an insight in to how much your claim could be worth.
DO’S
Specialist Injury Lawyer
Make sure you instruct a fully qualified injury lawyer from a reputable firm of experts to handle your claim. Go direct to a lawyer (i.e. find one yourself) and make sure they offer you the below key elements to secure the maximum compensation in the quickest possible time, with the minimum of hassle and fuss for you. If they deal only with claims for injury, you are instructing the experts (in theory).
100% Compensation Agreement
Make sure you get a Genuine No Win No Fee that actually guarantees in writing that you will not be charged. The wording of the agreement should state that, for a successful claim, your lawyer will seek recovery of their legal fees directly from the other side. It should go on to say that, if your lawyers fail to recover any or all of their fees, they will NOT seek to recover anything from you. This means you cannot actually be charged for your claim as fees are limited to whatever the other side pay. It could be one whole English pound and no more – and you still cannot be charged.
If the claim is unsuccessful, you should not have to pay anything to your lawyers at all – make sure this is in writing as well. No fees, no insurance premiums, no nothing! Not a penny!
High Service Level Lawyers
Make sure you are offered a quality level of service for your claim. At the end of the day, there are hundreds of personal injury claim lawyers out there – so you can have the pick of the crop. Make sure you get a lawyer willing to not only fight tooth and nail for your claim, but also a lawyer willing to put you and your best interests first!
- Regular Contact: every 14 days minimum.
- Calls, emails, and letters endeavored to be responded to on a same day basis, or within 24 hours of receipt.
- Your vehicle hire and repair needs sorted as part of your claim – one bespoke service – at no charge at all.
- Private Medical Care – at no cost to you;– even if the claim loses, and provided right from the outset of the claim. It’s not just about securing your compensation; it’s about getting you back on the road to recovery.
- Smart lawyers with your interests first – promising to seek an interim payment (part payment early before your claim settles) in case you are suffering financially and have to wait for treatment to finish, or for your injuries to recover.
There really is a lot your lawyers can do for you – make sure you don’t miss out on it!
DON’TS
There is a lot you need to watch out for and avoid when it comes to choosing a lawyer to deal with your claim:
Avoid Insurers Referring Your Claim
This is normally done through the practice of Legal Expense Insurance, or Motor Legal Protection. All your insurers do is refer the claim over to a lawyer for a referral fee / administration fee, which can be anywhere up to £800. This £800 is not recoverable from the other side, and can only come from one of two places:
- Taken from Your compensation payout: a percentage reduction, or monetary amount you have to pay out
- The Lawyers Budget: leaving you with a potentially poor service as they have no money to spend on providing you with a great service. Less updates, less care, less attention to your case. And how can you trust them to fight tooth and nail for a maximum payout if they don’t have the money to fight?
Your insurers may tell you that a No Win No Fee lawyer will charge you. This is entirely fabricated. I know this because we never charge a client for our work under our agreement – whether the claim wins or loses.
Avoid Claims Management Companies – The Middlemen
These chaps are not solicitors. They may have “legally trained advisors” (whatever that means!) to tell you if you have a claim or not, but they cannot represent you. What they will do is refer your claim over to a solicitor. And yes, it’s for a fee! They are not charities. I have seen a lot of their agreements that actually charge the client, you, around £400 for their work – and all they do is find you a lawyer. Get yourself on Google and you can find your own for free!
If you are not charged, then the fee is absorbed from the solicitor’s budget, and you end up in the same situation as with the insurers: with a potentially poor service.
TIP: protect your claim – go direct to a lawyer!
Poor No Win No Fee
Most lawyers offer the standard No Win No Fee format. There isn’t anything wrong with it, but it is, in my opinion, rather “lawyer friendly”. Most will say that your solicitor will only seek to recover your fees from the other side if the claim wins. But, what if they can’t get them back? They can easily come back to you for the remainder – all they have to do is seek, i.e. try, and get their fees back from the other side.
Most reputable firms probably wouldn’t use such a power. But it’s key to remember that they can rightfully charge you. I have heard of instances where the solicitors will, and have, charged their clients. Personally, I feel this is untenably wrong. But it’s not illegal…
Poor, or No Service Levels
Leading on from the above in the “DO’S” section, if you are not offered any service promises, you could be in for a long and lonely ride…
How Much is a Whiplash Injury Compensation Claim Worth?
Here’s some brief advice:
- Minor Whiplash Injuries – between £875 to £5,150
- Moderate Whiplash Injuries – range from £5,150 to £16,400
- Severe Whiplash Injuries – range up to anywhere in the region of £97,000!
For any more advice, feel free to give us a call.