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Whiplash can be experienced very mildly or extremely severely, and so can have little effect on your life or an extremely debilitating effect on your life. This is why valuing a claim for whiplash can be difficult; some sufferers can recover from the condition in a matter of weeks, whereas others can suffer for months or years. As you will probably have gathered, there will be extremely different valuations placed on the two extremes I have just outlined above, and the point of this blog is to let you know how solicitors come up with these valuations for your claim.

A solicitor will use a wide range of tools to value your claim – I have set these out below:

1. Judicial Studies Board Guidelines: The JSB guidelines band neck injuries for the purposes of valuations – I have set out these bands below;

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This blog is designed to be a quick guide as to how a child or person deemed a ‘protected party’ under the Mental Capacity Act 2005 can bring a claim for compensation for injuries arising from an accident that occurred through no fault of their own.

As you will no doubt agree, a child or a ‘protected party’ is in no position to bring a claim for compensation on their own accord.  Can you imagine, for example, your five year old boy solely dealing with lawyers and obtaining compensation? I thought not.  So that a child or a protected party is able to bring a claim for compensation the law states that they will require a ‘litigation friend’. 

A litigation friend is a person, a responsible adult, who will act on the child or protected party’s behalf and deal with their claim for compensation for them.  In most cases a litigation friend will be a parent or a guardian, but equally a litigation friend could be a carer, social worker, another relative or close family friend.  The most important thing is that the litigation friend is someone who is trusted and will do their utmost for the injured party to help their claim for compensation.
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There may be many accident victims out there suffering from their injuries and wondering whether to make a claim for compensation – hence the reason for writing this blog. If you have been involved in an accident that was due to the negligence of another, and you have been injured as a result, you may be entitled to make a claim. I have listed below some of the main benefits of beginning a claim, many of which you may not have realised existed.

Compensation for Injury

I will begin with the most obvious reasons why people begin claims for personal injury, and that is of course for compensation for their injuries.  This compensation is meant to reflect both the pain and suffering due to your injuries as well as your loss of amenity.  Loss of amenity means the adverse effects the injury has had on all areas of your life.
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Whiplash is actually a pretty complicated injury.  There can at times be no telling how long your whiplash will last for, and the amount of pain and suffering you will have from your whiplash injury can vary significantly between different people.  If anything, and I hate to break the news to anyone who has just sustained a whiplash injury, the pain and suffering is likely to get worse before it gets better.

Some symptoms of whiplash:

• Neck, back, shoulder pain or stiffness
• Headaches
• Pins and needles
• Light-headedness / headaches

Treatment:
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So – you are in a situation where you have had an accident that was not your fault, and you feel that you may have a claim for compensation; but where do you go with your claim?

You can probably guess that in the following blog I will include a lot of positives about the service we offer here at The Injury Lawyers; but apart from informing you of the positives of our firm, I wish to give you a concise guide to choosing the right law firm for you.

Go direct to a law firm…
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If you have been unfortunate enough to have been involved in an accident with an uninsured or untraced driver (i.e. the driver fled the scene without leaving their details), then you may still be entitled to claim for compensation through an organisation known as The Motor Insurers Bureau (or MIB for short).

To not be able to claim for an injury caused by a road accident that was not your fault would simply be unfair and unjust; hence why The Motor Insurers Bureau (MIB) was set up in order to deal with uninsured and untraced claims. The MIB also deal with hit and run cases under its untraced agreement.

The MIB is funded by motor insurance companies and helps around 25,000 people per year make a claim. The fact that it is funded by the insurance companies means that, ultimately, they are funded by us and our insurance premiums – the MIB have calculated this cost to be around £15 – £30 per policy a year.
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Tripping claims are one of the most common types of claim that we see here at The Injury Lawyers. If you have tripped over due to the negligence of another, and you have been injured as a result, you may have a claim for compensation.

I have listed below some of the more common types of tripping claims that we see here at The Injury Lawyers:

Tripping over on the street on defective paving or raised/unsecured manhole covers – in this instance it is likely that your claim will either be against local council, a gas or electricity company or a water board. With these types of claims it is advisable to instruct a specialist personal injury lawyer with experience in handling claims against the Council. This is because claiming against the Council can be difficult as their duty only extends to regularly inspecting and maintaining the land for which they are responsible. Therefore, if they can prove they have kept up with their inspection and maintenance policies, they can easily defend a claim.
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What is third party capture?

I realise that some of you reading this blog may have heard of this term, but many people do not know what we mean by ‘Third Party Capture’.  In short it is where a third party insurer deals directly with the victim of their insured’s negligence in order for them to come to an agreement over compensation between themselves, without an independent legal representative.  In most scenarios the injuries will have been sustained in a road traffic accident, but equally they could have occurred out of another type of accident, for instance an accident at work.

Is this a problem?
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Compensation is also called ‘damages’ and there are two heads of damages for which you can claim – these are general damages and special damages, both of which I will go on to explain below.

General Damages

General damages is compensation which you can claim for the injuries you sustained as a result of your accident. In essence, you are claiming for:
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You need not be in a manual job to do manual tasks. Manual handling tasks can be delegated to you whatever role you hold in an organisation – for example you may be a receptionist who has been asked to move heavy boxes of files, or an administrative assistant moving deliveries of office supplies. Whatever the role you have your employer has a duty to protect you from risks to your health and safety.

Employer’s Duty

The duty of employers with regard to manual handling is enshrined within the Manual Handling Operations Regulations Act 1992 (amended in 2002). Going in depth into this legislation would take up this entire blog plus some, but the main point which can be taken from it are a hierarchy of control measures which an employer should follow when delegating manual handling tasks.
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