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If you’re reading this blog then you may have recently been involved in an accident that has caused you to have an injury which you feel might be whiplash related. Whiplash is one of those injuries which can get a bad press, and one which many people (often those who have not suffered with it) can underestimate. I feel whiplash can be underestimated for many reasons – one of the main reasons being that it’s not so plain to see as a broken bone or laceration to the skin. At The Injury Lawyers, we have the exact opposite approach – we treat whiplash with the utmost seriousness as we hear from our clients on a daily basis the debilitating effect it can have on all areas of their life.

Causes

Whiplash is caused by a sudden jolt to the head and neck areas, which in turn causes the neck to move beyond its normal range. This movement causes muscles and tendons in the neck to be damaged; thus leaving the person with symptoms that I will discuss below. At The Injury Lawyers, we tend to see whiplash most commonly as a consequence of road traffic accidents. It can however be caused by anything which causes your neck to be forced beyond its normal range.
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If you have sustained a whiplash injury through no fault of your own, but because of the negligence of a third party, it is highly likely that you will be entitled to compensation for your injury.  At The Injury Lawyers we realise that a lot of people who get in touch with us regarding making a claim for compensation want to know how much their injury is worth.  As always, we advise at the beginning of their claim for compensation it is almost impossible to put an exact figure on how much their claim is worth, as there are many factors which have to be taken into account in order to properly value your claim.  This is not to say that we cannot give you a general idea as to how much your claim is worth – We can!  According to statistics, for example, Minor Whiplash claims are worth, on average, £2,500.

But here’s the thing – this is a rough average, and normally, one person’s claim is never identical to another.  Each claim must take into account the facts of each case.  Here’s a quick guide as to what factors are considered when valuing your claim:

Pain and suffering: As a rule of thumb, generally, the longer your whiplash injury persists, and the worse it is, the more compensation you will likely be entitled to.  A moderate whiplash injury lasting one year is worth more than a moderate whiplash injury lasting nine months.
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Where you have been involved in a road traffic accident, and you have suffered an injury, if the accident was not your fault, it is highly likely that you will be due compensation for those injuries, and any losses that directly resulted from your accident.  This is because it is relatively straightforward to prove where the other side was negligent in road traffic accidents.  For example, if a third party vehicle drives into the rear of you vehicle, and you suffer whiplash, then it is quite clear that the accident was their fault and you should be due compensation.  So, what happens then if you believe you have a claim for compensation? How do you go about getting this compensation?

The first thing you should do, after seeking medical attention for your injuries, is to contact a specialist injury lawyer who has plenty of experience in dealing with road traffic accident claims.  This is because their experience should mean that they know what they are doing, and they are best positioned to advise you on your claim.  If the other side gets in touch with you and they want to settle your claim directly with you, our best advice is: do not settle it.  It is probably not in your best interests.  You should seek legal advice first to see if their offer is a good offer, or whether it should be rejected, and you should instruct someone to fight tooth and nail for your claim.

So – how long do claims take?
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At The Injury Lawyers, it is our firm belief that our clients should receive 100% of their compensation.  In other words, if our client obtains £10,000 in compensation, The Injury Lawyers will not take a penny away from that, and will make sure that you get the whole £10,000.  So – How then do we get paid?  Simple: where your claim is successful, we are able to recover our reasonable costs from the other side, the Defendant.  This is exactly why we never charge our clients a penny; because we can seek our costs from the other side.  Too good to be true?  Read on.

At The Injury Lawyers we work under a genuine no win, no fee agreement with our clients.  This is an agreement with yourselves that specifically states as a contractual term that we cannot recover our costs from the Claimant (i.e. you).  We believe this is rather unique within the legal word.  This is because, although we do not believe many other personal injury law firms would charge their clients for their work, their agreement usually states that they will only seek to recover their costs from the other side; leaving the possibility that if they are unsuccessful in seeking their fees back, they may look to recover their outstanding costs from you!  At The Injury Lawyers, that is not possible.  We have specifically barred ourselves from doing so.  If you have an injury claim and you believe you will be successful, we will send you out our paperwork and you can check for yourself.

What if we lose your claim?  How do we get paid then?
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If you have been unlucky enough to have been involved in a road traffic accident with a third party that was uninsured, or fled the scene of the accident and cannot be traced, where you are injured as a result you can still make a claim for compensation for those injuries.  This is because there is an organisation called the Motor Insurers’ Bureau (‘MIB’) who have been set up to deal with these types of claim where the negligent third party driver is either uninsured or untraced. 

Do not fear that because the other side have no insurance or have not stuck around that you cannot make a claim for compensation for your injuries; to be unable to do so would simply be unfair.  To make a claim for compensation, you are required to submit an MIB claim form.  This is relatively straightforward, but is always recommended that you have a quality injury lawyer on your side so that they can take you through the process and make sure that you get the best advice and maximum compensation you deserve.

At The Injury Lawyers, we have a wealth of experience in dealing with road traffic accident claims, and can both show you how to fill out an MIB claim form, and guide you through the claims process.  We work on a genuine no win, no fee agreement which means that we will not charge you a penny for our work.  This is because we can recover our costs from the other side.  This is even if you lose.  We can do this because we only ever take on your claim if we believe it has genuine prospects of success and so it is actually rare for your claim to be unsuccessful.
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At The Injury Lawyers, we pride ourselves for being highly experienced in dealing with whiplash claims.  It is this experience that allows us to say to our clients that we strive to get them the best possible amount of compensation for their whiplash claim. But how much compensation are you likely to receive for a successful whiplash claim?
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At The Injury Lawyers, we know that road traffic accidents occur all the time.  As expert injury lawyers, we deal with road accident claims on a daily basis.  Our experience also tells us that if you have been involved in a road traffic accident and you have ended up being injured through no fault of your own, it is highly likely that you are due compensation for your injuries.  The aim of this blog is to give you a quick guide as to how to go about making a claim arising out of a road traffic accident.

A new protocol for low value personal injury claims for road accidents has made making a claim for compensation much easier, and much more streamlined.

Under previous rules, the negligent driver’s insurer were allowed a period of around 4 months in which to investigate your claim, and further to an admission of liability, it could still take a matter of months before you received your compensation.  Under the new protocol, your claim is submitted via an online portal.  The other side now only have 1 day in which to acknowledge receipt of your claim form, and then are allowed a further 15 working days in which to come back with their position on liability.  Once liability has been admitted for your accident you will be medically examined, and your injury lawyer will put together all details of any losses arising from your accident and submit these, along with your medical report, to the other side.  Once this is done, your injury lawyers will negotiate the best settlement for you.
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There is only one true way you can calculate how much a claim for compensation:

• With an independent specialist personal injury lawyer; and
• An independent medical report from a fully qualified medico-legal expert

Any other way is simply guesswork, estimations, and averages. You can only be guaranteed to receive the maximum payout with the above combination.
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It seems like we hear about road accidents occurring everyday – whether it be on traffic news updates on the radio, seeing reports in the newspapers, or hearing about them on the news. It seems that the sad fact is that road traffic accidents are a constantly common occurrence.

If you have been involved in a road traffic accident that was not your fault, you may have a claim for compensation. This blog aims to illustrate the ease in which you can now bring a claim for a road traffic accident, as well as the added benefits that making a claim can bring.

How does the claims process work?
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Road Traffic accidents can happen for all sorts of reasons, and in all sorts of places. However, it seems that accident hotspots are in those areas where a high volume of traffic is coming to a meeting point. One of these such areas are roundabouts, and I have listed some of the reasons why roundabouts are a cause of many accidents below:

• Drivers negligently not giving way to vehicles entering the roundabout to the right, as per road regulations, and causing a collision.
• Drivers negligently not taking heed of traffic stopping in front of them, and causing a rear end collision with another car in traffic.
• Drivers negligently pulling out onto a roundabout across the path of a car already on it, and thus causing a collision.
• Negligent drivers being in the incorrect lane to take an exit, and suddenly cutting across lanes, causing a collision with another vehicle and/or panic with other drivers moving out of the way, and causing a collision.

If you have been involved in an accident you were not at fault, you may have a claim for compensation. After an accident, you should exchange details with the party at fault so a claim can be brought against them. If the other party is uncooperative, take a note of their registration number and a law firm can complete an insurance search to find out their insurers details. You should also check if there were any witnesses to your accident as their evidence could prove to be valuable later on down the line in your claim. Medical assistance should also be sought as soon as possible, as this not only allows for you injuries to be assisted with, but also allows for the medic to place a note in your medical records.
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