Most of us will have heard of a whiplash injury. It is a real injury which is compensatable, despite the bad stigma surrounding it. If you have ever sustained a whiplash type injury, whether it is to your neck, back or shoulders, you will be aware that it can be very painful. The real difficulty surrounding whiplash is that there is no clear medical diagnosis. If you go and see your GP following a road accident, perhaps due to experiencing back pain or neck pain, your GP will most probably say that you have whiplash. There is no clear or technical diagnosis of the condition and the result is that insurers often think injured victims are faking or exaggerating injury.
There are some symptoms associated with whiplash, such as pain and stiffness, a burning sensation, reduced range of movement etc. However it is not the same as a broken bone for example. If a broken bone is suspected an x-ray will be taken and this will inform the doctor whether or not there is a broken bone. So there is a clear way to identify some injuries but there is no clear way to identify or diagnose whiplash.
We can use guidelines and case law to value your claim. Minor whiplash claims may be worth anything between £1,000 and £5,000. The majority of people suffering from whiplash will fall into this category. Moderate whiplash injuries may be worth between £5,000 and £15,000. You will have been suffering quite intense pain over a prolonged period of time to fall within this bracket. Many people may think they fall within this middle category when they are actually in the lower category. Doctors and experts may use terms such as “moderate” whiplash but that does not mean you fall within this legal category. It is a different definition.
Severe whiplash is a much wider bracket and awards could be for tens of thousands of pounds. However it is very rare to fall within this category. Most whiplash injuries will be relatively minor and the compensation awarded reflects this. To fall within the severe whiplash category I would expect a Claimant to have suffered multiple years of intense pain.
Some symptoms of moderate whiplash could include prolonged headaches, pins and needles sensation, painful and tender muscles, stiffness etc. To fall within the bracket of moderate whiplash your symptoms would have to be present for some time. I would expect that to fall within this category you would probably need to be suffering for at least 18 or 24 months or more. This is just as a rough guide, and everyone is different.
If you have been involved in an accident and believe you may be suffering from whiplash, or any other injury or condition, do not hesitate to contact The Injury Lawyers today.
