The majority of people associate whiplash with car accidents. To be fair, the vast majority of whiplash claims are caused by car accidents. However, you can just as easily end up with a whiplash injury from a slip, trip, or a fall.
Whiplash symptoms are caused by the ligaments and tendons in your neck, back and shoulders being stretched beyond their normal range of movement. If you are jerked suddenly, like when you suddenly slip, trip, or fall over something, the tissue can be suddenly stretched and thus leave you with the injury. So don’t be surprised if you are diagnosed with whiplash after being involved in such an accident.
You’ll probably start to feel the symptoms around 12 – 48 hours post accident. This is common for whiplash injuries. There is no miracle cure for the injury, and a lot of it comes down to managing it effectively with anti-inflammatory medication, pain medication, stretching exercises, and physiotherapy. Physiotherapy is something we can normally organise for you on a private basis as part of a claim for compensation.
The most common whiplash injuries from slips, trips, and falls are in supermarkets, bars, clubs, restaurants, or at work. Places like supermarkets, bars and clubs often have spillages, which cause an obvious slipping hazard. You can make a claim for compensation, but we must prove that the occupier of the premises (i.e. whichever person or company owns or is responsible for the premises) has breached the duty of care they have for you. In the case of wet floor incidents, signs or cordons should be erected as soon as a wet floor is known. To prevent incidents, the occupier must reasonably inspect and maintain the premises. This can normally be achieved with a system of inspection whereby employees will review all areas of the premises and look out for potential slipping hazards.
Claims like this are not always easy to win. If it can be proved that a reasonable system of inspection and maintenance is in place, they can defend the claim. The law says they only have to reasonably and practicably keep an area safe; an hourly system of inspections can probably achieve this. So if you are unfortunate enough to slip within that hour between inspections, you may find it hard to make a successful claim.
The same goes for tripping – it’s all about how long the defect has been there for, and if it is classed as a reasonable hazard with a foreseeable risk of causing an accident.
At work, it can be a little different because workplace rules and regulations are far stricter. But in essence the same sort of defence can apply; if your employer can prove that the systems they have in place are good enough, they can defend the claim.
What’s key in these cases is CCTV evidence. Make the claim as quick as possible because CCTV evidence is normally erased within a few weeks. That footage could be the key to establishing if you have a claim or not. We normally request the footage right at the start of a claim and we send our letters by fax and recorded delivery, so there are no excuses if the other side gets rid of it prematurely.
Finally, how much can you claim for a whiplash injury? Statistically the average payout for a minor whiplash injury is around £2,500 – but it can be as much as £5,000 as well. It’s all based on medical evidence and how long you are suffering from the injury for.
As whiplash specialists, your next move is to call our whiplash helpline on 0800 634 75 75 today for free, no obligation advice about your claim for compensation.
