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Whiplash: It is the bane of people’s lives when they have been injured in a road traffic accident. We have all heard about it – but what are the symptoms of whiplash and how do you treat it?

Whiplash is one of the most common types of injuries we come across here at The Injury Lawyers. If you have been involved in a road traffic accident, no matter how minor or major the accident was, you probably will have whiplash. We deal with whiplash claims on a day to day basis so we are expert whiplash claims solicitors.

So you have been involved in an accident but how do you know if you have whiplash? Whiplash is often only associated with neck pain, but don’t be fooled; whiplash injuries can include back and shoulder pain as well, not mentioning the other side effects. Whiplash can include the following symptoms:
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This is one of the most common questions we are asked by our own clients just as much as the accident victims who ring us up for our expert advice and to find out more about our quality representation. As a firm of specialist personal injury lawyers, we are the best guys to ask to answer this question.

Unfortunately, we can’t quite answer it yet…

It all comes down to the nature of your injuries, suffering, and losses. The value of your claim is entirely dependent on the severity of your injuries and how much they have affected your life. For example, a fractured leg is generally worth more than a bruise to the leg. If you are suffering for six weeks as oppose to two weeks, your claim will likely be worth more. If you are a very active person who has been prevented from taking part in sporting activities as a result of your injury, this can be taken in to account in comparison with someone who doesn’t take part in any sporting activities and has generally been impaired by the injury less.
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The Commons Health Select Committee debated the question as to whether the PIP implants are actually classified as ‘unsafe’ remains unanswered. Two reviews are looking in to scientific evidence of any risk the implants pose, as well as assessing the regulation within the cosmetics industry, and also reviewing the reaction and steps that were taken following the notification that the implants were dangerous back in March 2010.

As many of you are fully aware, we have only really been finding out about all of this n the last few months – two years on from the initial notification!

The conclusions from the reports remain unclear. According to the Committee, there is “no evidence of likely long term negative health effects attributable to PIP implants.” However, the advice goes in to say that “the quality of evidence available does not allow definitive conclusions to be drawn.” Further research is therefore a requirement to confirm whether the use of the silicon in these implants poses any health risk to the victims who have them.
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Whiplash injuries can cause people much distress, pain and an inconvenience. Here at The Injury Lawyers we know too well about the terrible effect whiplash can have on our clients. The injury does not only affect your health, but it can also affect any aspect of your life which can sometimes cause great difficulties. If you have suffered or are suffering from whiplash I am sure you know exactly what I am talking about.

Most people do not realise that they can claim compensation for a whiplash injury, they just think that the pain will eventually go away and everything will be ok.

However, most of the time whiplash injuries can last up to 6 months and if you have been injured as a result of someone else’s negligent actions you are entitled by law to claim for compensation.
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If you are a passenger in a motor vehicle which has been involved in a road accident and you have been injured, we have a little good news for you; you are entitled to compensation and your claim has one of the best prospects of success and should not take long at all.

It is very unlikely that as a passenger you were to blame for the accident you were involved in.  You would have had to have been distracting the driver or doing something along those lines to be considered in any way at fault.  If you were in the vehicle whose driver was not at fault for the accident, you are almost certainly going to have a successful claim. 

Likewise, even if you were in the car that caused the accident, you probably won’t have been at fault and again are almost guaranteed a successful claim.
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A lot of people rent properties nowadays – and a lot of people end up with difficulties with landlords. Whilst I am sure there are many decent and upstanding landlords out there, my experience with many of them is that they will try and charge you for anything that goes wrong in the house – even if it’s not your fault!

But one of the really important things is the health and safety behind renting a property. Your landlord has an extremely important duty to ensure that your health and safety is not jeopardised whilst you are living in the property. Regular systems of inspection and maintenance should be carried out by your landlord in order to uphold this.

Anything that is associated with the agreement you have is covered by the laws. If you rent a fully furnished place, then it’s not just the building itself that has to be safe for you to live in – it’s the fixtures that came with the property as well! What is your responsibility and the landlords responsibility should be clearly identified in your tenancy agreement, so you know who is responsible for what.
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You should know from the outset of your claim that without medical evidence and without knowing precisely what losses you have suffered as a result of the accident your were injured in, it is nigh impossible to properly value your claim.  This is because a medical report is the only source of information that an injury lawyer can value you your claim from and because your related losses can have a significant effect on the value of your claim.

A medical report provides a diagnosis of your injuries – in other words, what your injuries are and the extent of these, and also provides a prognosis – an idea of how long a medical expert believes you will suffer from your injuries for.  The general rule is that the more severe your injuries and the longer they last, the more your claim will be worth.

In terms of losses, there are many heads of losses that you can claim.  For instance, if you have had to have time off work because of your injuries then you can make a claim for any monies that you have lost out on.  Likewise, if you have had to pay any travel costs getting to and from a medical appointment or have had to pay for medication, these costs can be claimed from the Defendant. 
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I am sure most of us realise that is illegal to drive without insurance – one thing is for certain however, some of us choose to drive without insurance.  In fact, each year, one million people drive on our roads without insurance.

Given that the usual route to getting compensation if you have been injured by a negligent third party in a road traffic accident is by pursuing their insurance company, this begs the question, how do you get compensation from an uninsured driver?

An expert injury lawyer should advise that you can still make a claim for compensation through the Motor Insurers’ Bureau who were set up back in 1946 to help those who suffer at the hands of negligent uninsured drivers.  After all, just imagine a scenario where you were unable to get compensation for you injuries simply because the Defendant committed the offence of driving without insurance, this would not be right.  That is why, each year, when you pay for your insurance premium, about £15 to £30 of this goes to the Motor Insurers’ Bureau compensation fund.  You just never know, one day it may come in handy for you!
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If someone asked me what I considered to be a ‘dead cert’ for a claim for compensation, I would say a passenger claiming compensation for injuries they received whilst involved in a road traffic accident. 

A passenger would have to do something highly unusual, possibly extreme, to be considered to be at fault for causing an accident on the road.  Under current law, you can be compensated for any injuries you have got through no fault of your own, which is why passenger accident claims are often the most straightforward.
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I expect that not everyone reading this blog will know what a pre-medical offer is, let alone have ever received one. Let me quickly explain.

The claims process is quite structured…  Your injury lawyer will submit a ‘Letter of Claim’ which outlines your accident and injuries to the Defendant at the beginning of your claim and the Defendant will be allowed to make investigations. 

Once liability is admitted, you will be asked to attend a medical appointment so that a medical report can be compiled which provides a diagnosis and prognosis. 

With your permission, this is then disclosed to the Defendant along with any details of other losses you may have, and offers of compensation are invited. 

A pre-medical offer therefore is an offer that is made by the Defendant in respect of your injuries prior to you disclosing or even obtaining a medical report.
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