Whiplash is becoming a condition that we hear more and more about, whether it be on adverts for injury companies, or from people we know others who have suffered with it. If you are suffering with it, or know people close to you that have suffered with it, then you will probably know how painful it can be to the sufferer, as well as the devastating effect it can have on a person’s life.

Causes

Whiplash is caused by a sudden jolt to the head which causes the neck to move beyond it’s normal range; this in turn can cause damage to the muscles and tendons around the neck, back, and shoulder areas. At The Injury Lawyers, we tend to see whiplash more commonly arising from road traffic accidents; however, it can be caused by other accidents such as a fall from a height or a slip on a wet floor. Basically, anything which causes this jolt to the neck can lead to a whiplash injury.
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Manholes are essentially needed to run and maintain our underground systems – hence why they litter our pavements and roads. Many people try to avoid walking over manholes and utility covers for reasons of superstition; that, however, is not the reason why I avoid them. I avoid them as I see the numerous claims that come into The Injury Lawyers for personal injury arising from them!

If you have been injured due to a defective manhole or utility cover, and it was through no fault of your own, then you may have a claim for personal injury. There can be many reasons why you have an accident as described above – a couple of which I have gone on to detail:

1. Falling down an uncovered manhole – if this has happened to you then you may have a strong claim for personal injury. If a manhole is left uncovered, there should be adequate warning signs as well as the area being cordoned off satisfactorily.
2. Tripping or stumbling over / on an unsecured manhole cover – if you walk over a manhole cover and it collapses, tilts with your weight, or is already raised due to it being defective or unsecured, which causes you to have an accident and subsequent injuries, you may have a claim for compensation.

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Where the victim of an accident and has been injured and is under the age of 18, i.e. a minor, or is considered a ‘protected party’ under the Mental Capacity Act 2005, they will require a ‘litigation friend’ to bring a claim for compensation.  A litigation friend can be defined as a responsible adult who will act on the minor’s or ‘protected party’s’ behalf to bring their claim for compensation.  In the majority of cases a litigation friend will be a child’s parent or guardian, but at the same time it could be a close family friend, a social worker, or another trusted adult.

I think that most of you reading this would agree that a child of four or five years of age would struggle to bring their genuine claim for compensation on their own!  Imagine the scenario where your five year old son is dealing with lawyers on a regular basis to progress a claim for compensation!  At the end of the day, just like an adult being injured, a child or ‘protected party’ may suffer the same injury or worse, and have just as good or a more valuable claim for compensation, and should not miss out on the compensation they deserve because of their ‘legal capacity’.

Having a litigation friend does not change the way in which the claim is run, and does not make it any harder.  As long as the litigation friend is able to provide all the circumstances to an accident, and be on hand to provide the persons’ injury lawyers with the information they require, the claim for compensation will run just as smoothly and efficiently.  The only real difference is that the litigation friend will be required to fill out a form called a ‘Certificate of suitability of litigation friend’ which is very straightforward, and just confirms that you are rightly able to act on the injured party’s behalf.
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It is an unfortunate fact that victims of motorcycle accidents are often left with serious injuries. This is due to the fact that motorcycles are generally the more vulnerable road user as they do not offer the various defensive features that a car can offer – features such as crumple zones, and airbags. They can also be difficult to see due to their size and speed; hence the need for campaigns such as Think Bike!

As the victims of these accidents can have more serious injuries, this can unfortunately mean that a claim for personal injury can take longer, as well as some of the issues involved being more complex. This is why is it important to get a specialist personal injury lawyer involved as soon as possible.

It is shown statistically that motorcycle users are commonly between the ages of 30 – 39 – this means that having an accident could mean that they are absent from work, and not bringing in any money, or are on a reduced rate of pay. In addition it is this section of the population who are likely to be coming up to the peak of their careers, and may have a young family to support.
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STV has reported that a clubber has received nearly £30,000 in compensation having broken her wrist on a night out back in 2007.  It is stated that Angela Spading fell to the ground at Love2love nightclub in Inverness having been knocked by a fellow clubber and slipping on a floor covered in drinks. 

At first, Ms Spalding had tried to obtain £100,000 compensation having been unable to return to work, suffering anxiety and depression, as well as breaking her wrist; but in the end she received £28,000.  The matter settled out of court despite the Defendant, CFG Leisure, suggesting that Ms Spalding should have taken more reasonable care in looking where to place her feet.  After the settlement was reached, Mr Brash, lawyer for Ms Spalding, commented that in his experience ‘slips on wet floors in nightclubs are a fairly common type of accident, often leading to serious injury with long-lasting consequences…It is easy to criticise people who fall over in nightclubs for having ‘had a few’ but the clubs have a responsibility to their customers…’

At The Injury Lawyers we realise that people like to let their hair down on a weekend and go out for a few drinks down the local, or to a nightclub.  We also note that accidents on nights out do happen, and that in some cases, they could have been avoided.  You may or may not be aware that those who own nightclubs and other establishments owe their customers a duty of care to ensure their health and safety is maintained.  In doing so, they must abide by stringent health and safety regulations, and do as much as they practicably can to ensure that any risks to you are limited.  If you have an accident on a night out in a club that was not your fault, or where you were only partly to blame, it may be the case that you have a potential basis to make a claim for compensation for your injuries and other losses resulting from the accident.  If it can be established that the owner of an establishment has breached their duty of care for you – i.e. the owner was responsible for your injuries – then a claim for compensation can be made.  If you have been injured on a night out, it is a good idea to give an injury lawyer a quick call so that they can advise you on any potential claim you may have.
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The Northern Echo has reported that a motorist is being pursued for £300,000 in compensation by a motorcyclist for an accident occurring back in June 2008.  Robert McPherson of Pudsey, West Yorkshire, has asserted that Michael Kitching of Northallerton pulled out of a junction, knocking him off his motorbike and causing several injuries; notably a fractured hip, arm, shoulder, ribs, an injury to his pelvis, and causing a pulmonary embolism.  At the High Court in Leeds it has been contended that the accident was ‘caused by the negligent driving’ of Mr Kitching.  Indeed, Mr Kitching has admitted liability for the accident.

It is worth noting that it is not purely his injuries that Mr McPherson is trying to claim for – he is also attempting to claim a significant loss of earnings.  As the Northern Echo reports, the court papers note that ‘At the time of the index accident, the claimant was a self-employed electrician fulfilling a handsome role as a director of his own business.  Following the accident, and because of the injuries sustained, the claimant is now less able to complete the duties required within his business and as such is disadvantaged when compared to others undertaking work of a similar nature to the claimant who has not suffered such injury.’  In essence, Mr McPherson will not be able to carry out the job role he did previously because of the injuries sustained in the accident with Mr Kitching – he has therefore suffered a significant loss of earnings.

This accident demonstrates two things.  Firstly, if you have been involved in a road traffic accident that is not your fault and have sustained an injury as a result, it is likely that you will be entitled to compensation.  You should therefore instruct a quality injury lawyer, like those at The Injury Lawyers, to fight tooth and nail for the maximum compensation you deserve.  And secondly, when making a claim for compensation, it is not purely your injuries that you may be entitled to compensation for.  If you have other losses which stem from your accident, a professional injury lawyer can make a claim for those on your behalf.  This is another reason why you should get an experienced injury lawyer like those at The Injury Lawyers on your side.  They know what the heads of losses you can obtain compensation for, and know how to go about doing this the right way.
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At The Injury Lawyers we are often able to give approximate figures for which your claim for whiplash may be centred around; however, valuations for whiplash injuries are dependent on a number of factors which I go on to explain below:

Medical Report

Once liability has been admitted on your case, a medical examination will be arranged for you at a time and place convenient for you.  The purpose of this examination is to produce a medical report which assesses your injuries, as well as detailing the effects the condition has had on various aspects of your life – this can include your domestic, social, and professional life. At The Injury Lawyers we advise our clients to ensure they inform their medical professional as fully and as accurately as possible on all these various effects, as the medical report forms a foundation for the valuation of your claim.
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Whiplash can be an injury which is caused in many different ways; however, here at The Injury Lawyers, we tend to see it as a result of a road traffic accident more than anything else. Whiplash is a condition which can be overlooked and underestimated by those who have not suffered with it themselves – one reasons for this is that it is not so plain to the naked eye as a broken bone or a laceration, and so onlookers can discount it. Here at The Injury Lawyers we take a very serious approach to whiplash, as we know what a devastating effect it can have on all aspects of a person’s life.

Causes

Whiplash is caused by a sudden jolting to the head, which is sudden and forceful enough to move the neck beyond it’s normal range of movement, causing damage to the muscles and tendons in that area.
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Manholes and utility covers litter our pavements – so walking over them is often unavoidable. Many people tend to avoid walking over them for reasons of superstition, however I tend to avoid walking over them after hearing of the various personal injury claims that come into our office here at The Injury Lawyers.

In order to have a successful claim for personal injury, there are two main factors which need to proven – one is a breach of duty, the other is causation.

Breach of Duty
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Whiplash claims are one of the more common types of injury claims we secure thousands of pounds in compensation for when it comes to clients we represent. Road accidents are common, and it’s easy to end up in one (I should know – I’ve got a whiplash injury claim going through as we speak!)

There is a lot more to a whiplash claim than most people think – you can only truly understand what its like to suffer from this complicated injury by suffering the symptoms yourself. So, if you’re reading this, and you are suffering with whiplash, I know how you feel, and I sympathise with your suffering.

So – How do you secure your whiplash injury compensation? Well, I am pleased to tell you that it’s a very straightforward process with the right injury lawyer on board. Here are the Do’s and Don’ts for whiplash injury compensation claims, and an insight in to how much your claim could be worth.
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