What is whiplash?

Whiplash is a soft tissue injury which occurs when the neck / spine goes beyond its typical range of movement – for example if it is overstretched or strained – usually as a result of the neck / spine being suddenly jolted.  When people think of whiplash there is a tendency to relate it to car accidents; but it can also occur during other activities such as sports.

Do I have whiplash?
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If you have had an accident in a supermarket that was not your fault, and you suffered injury as a result, you may have a claim for compensation.

There are a number of ways an accident can occur in a supermarket – I have listed some of the more common types of accidents below:

1. Slipping on a spillage that was negligently left uncleaned.
2. Tripping on an item negligently left on the floor of an aisle.
3. Items falling on you from a poorly stacked shelf.

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So – can you make a claim for compensation for tripping over and ending up injured? If you trip over what you believe is a dangerous defect or hazard that should not have been there, and there is another person or a company at fault for the accident, you may have a successful claim for compensation.

Examples of Claimable Defects / Hazards:

• A raised section of flooring in a premises (a shop, supermarket, etc) – perhaps a loose section of carpet or tiling that has raised up – that you end up tripping over.
• A section of concrete raised or broken away in a car park for a premises (or in the premises) that you trip over.
• An item, or item of furniture, dangerously positioned or left on a floor that causes a tripping hazard; a stool for employees to reach high shelves in a supermarket is a good example of such a hazard.
• Uneven, raised, or broken sections of concrete out on the street, or a raised manhole cover.

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If you are reading this blog then you may have been involved in a road traffic accident that was not your fault, and as a result, have suffered injury. One of the most common injuries caused by a road traffic accident is whiplash. Whiplash can be an extremely painful condition which has adverse effects on all areas of your life for a long period of time. At The Injury Lawyers we have many clients who are suffering or have suffered with whiplash, and we treat the condition with the utmost respect it deserves.

A question often asked of us at The Injury Lawyers is how much we think the claim is worth – I have therefore written this blog to provide some guidance on the matter.

When valuing a claim for whiplash, a solicitor will often use:
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I was thinking today about accidents at theme parks in general – namely Alton Towers, as one of the UK’s largest and most popular theme parks. It’s actually quite close to where I live, and I’m thinking of heading down with some friends before the end of summer (which seems to be looming way too quickly). As I’m personally still suffering from my whiplash at the moment, I was wondering how this may effect it given it’s full of fast rides that will inevitably knock my neck around. But it got my thinking about the many theme park accidents there have been in the past.
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OK – so there is this whole thing about a ‘compensation culture’ in the UK that has hit the headlines on numerous occasions. In reality, if you read the Lord Young / Jackson reports of late, the whole idea of a ‘compensation culture’ was deemed a media fuelled myth, of which there really is no issue.

The most recent headlines have been those of our former justice secretary Jack Straw whom, after investigating how one of his constituents details were sold around for money between claims companies and insurers to solicitors, hit out at the frivolous profit making industry of personal injury referral fees; something which we never pay and have always been against.

The insurers themselves were blamed for the increase in our car premiums as it was uncovered that it was the insurers themselves that are a party to the referral fee system, in which their own policy holder’s details are passed over to solicitors who are willing to pay huge referral fees of up to £1000 per claim. This has, according to recent news, been responsible for an increase in ‘frivolous’ claims that have not only driven our premiums up, but provided the insurers with a millions of pounds in profit from passing the details of accident victims over.
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At The Injury Lawyers we tend to see whiplash most commonly from a road traffic accident – so, in this blog, I will be explaining the process of claiming for the same. Whiplash can be caused by a variety of accidents and not simply by a road traffic accident; so if this is the case with you, please see one of our other helpful blogs on that process – a good blog to take a look at is http://www.theinjurylawyers.co.uk/injury-lawyers-blog/2011/07/08/a-quick-guide-to-the-compensation-claiming-process/.

The Process…

If your road traffic accident occurred after 30^th April 2010 and is below the value of £10,000 it goes through a new, faster, more streamlined system set up by the Ministry of Justice.  This system is begun by completing a form called a Claim Notification Form. At The Injury Lawyers we take you through the form and assist you from start to finish in filling it in. Once this form has been signed by you, we can then send it off to the Defendant’s insurers.
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If you have been injured in a road traffic accident and it was through no fault of your own, you may have a claim for compensation. If you are reading this blog you are likely to be in this situation and looking for a personal injury firm to take on your claim.

Choosing the right law firm for your claim…

There are many law firms and referral agencies out there vying for your business, so it is understandably hard to make that all important choice as to where to take your claim. I have therefore set out below some benefits which you should look out for when choosing a law firm to instruct for your claim:
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It is bad enough when you have been involved in a road traffic accident and your car has been damaged – particularly if your car happens to be your pride and joy, and getting it fixed is an absolute hassle.  It is worse though, where it is not just your car that is damaged, but where you have been injured in the accident as well. 

Where the accident was not your fault, you will often have a successful claim for compensation through the negligent drivers’ insurers if you wish to make one.  But, what if you have been injured and you wish to make a claim for compensation, but the other driver either fled the scene of the accident or was not insured.  How would you go about claiming compensation when the usual path is to seek it from the other side’s insurers?

Fortunately, you are not left in a scenario where you have no form of recourse.  Where the negligent party has not stuck around or has no insurance, you can still receive compensation; instead of receiving it from the other side’s insurers you will get it through an organisation called the Motor Insurers’ Bureau (‘MIB’).  It would be unpalatable if you were left uncompensated simply because the other side was not decent enough to stick around or did not abide by the law and pay for insurance.
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If you are reading this blog then you may have had liability admitted on your claim and you are wondering where you will be going from here. Well, firstly, having liability admitted is the first successful step towards getting your settlement as the other side have admitted fault for your accident – so you should be pleased.

From liability being admitted, your solicitor will arrange for you to be medically examined by a suitable expert medical consultant. This medical examination should be arranged at a time and place convenient for yourself – at The Injury Lawyers we ask for the examination to be arranged with the closest consultant to you with the shortest waiting list.

Before attending your medical appointment we advise our clients to ensure they inform the medic as fully and as accurately as possible – including the full accident circumstances and the various effects the accident and injuries have had on their life. We advise this as the medical report goes into detail about these various effects and so forms the basis from which your claim can be valued.
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