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Gathering Relevant Details is the Key to Win A Whiplash Claim Case

January 25, 2013 by  Filed under News


An Overview:

The number of Whiplash injuries in the UK has been estimated to be the highest among all European nations, a recent report from one of the leading dailies of the country suggests. According to The Telegraph report, the overwhelming situation can only be described as the UK is becoming the “whiplash capital of Europe.” The story also has referred to the data provided by the Association of British Insurers (ABI), which suggests that one of every 140 UK citizens claims whiplash every year. The same source has further suggested that more than 1200 people every claim for compensation against whiplash injuries they suffered. Furthermore, the NHS provides assistance worth £8 million every year for whiplash injuries whereas the compensation amount released by the insurance companies is not less than £2 billion.

If a person suffers from whiplash and that also due to irresponsible act of someone else, he becomes legally entitled to receive compensation from the offender or the insurance company of the offender. However, in order to establish his non-involvement in the act, the complainant must come forward with the correct evidence. In case, the court finds that the plaintiff is equally guilty for the accident as that of the defendant or he has certain amount of contribution for what has actually happened, then the compensation amount will be divided accordingly. Due to this reason, significant importance is provided over gathering correct evidence by professional lawyers is a whiplash claim case. Having the correct evidence may also provide you with the opportunity to enjoy the benefit of no win no fee scheme. In such situations, the plaintiff receives the opportunity for not paying anything to the solicitor till the case is won. In case the solicitor cannot win the case for plaintiff, he won’t be eligible to receive any fee for his efforts. However, whether the chance should be taken or not that discretion remains entirely with the solicitor or the soliciting firm that appoints the service for the client’s benefit. However, in order to know the details about winning whiplash compensation claim case, it is important to have an in-depth knowledge of all elements that constitute the situation.


Whiplash is a non-medical expression which is used for describing a range of injuries to the neck, including the injuries caused due to sudden distortion or blow from a blunt object of the region. Most commonly the victims of automobile accidents suffer from the consequences of whiplash. In few cases, the same health condition may also arise due to fall from bicycles or horsebacks. In a car accident case the situation arises due to abrupt but sudden jerking of the head against its natural movement. Generally symptoms of the health condition are experienced by a victim within 24 hours since the accident has taken place. Some of the most common injuries of whiplash include:

  • Stiffness and painful sensation at the neck
  • Constant headache
  • The sensation of pain at the shoulder or in the mid-region of the shoulder blades
  • Back pain at the lower part of the body
  • Occasional dizziness
  • A ringing sensation at the ears or troubled vision
  • Forgetfulness and problems with concentration level
  • Mood swings, troubled sleeping and a sensation of physical exhaustion

The most effective way to diagnose the health condition is opting for CT scan or MRI (magnetic resonance imaging) as standard X-Ray tests may not be able to locate the injured disks, tendons, muscles, sinews and ligaments.

The Legal Rational Behind a Whiplash Claim Case:

If you wish to address the consequences suffered and make the offender compensate you legally, the most effective way is to hire a professional solicitor with significant experience in dealing such cases. You may also contact a reputable soliciting firm for the same purpose. The whiplash claim case comes within the purview of personal injury law, which clearly suggests that any person who is forced to suffer any form of injury without his own fault, the offender is legally bound to compensate the victim. Such actions stand against the principle of civil liberty as enshrined under the Constitution of the UK and violation of these principles should be addressed legally.

Presentation of the Evidence:

If you are planning to file a complaint against a person who is actually responsible for the accident then it is essential to come up with the required evidence that would establish liability of the offender behind the situation. The most common evidences in whiplash compensation claims include:

  • Correct name, address and contact number of the offender
  • Name and address of the offender’s insurance company
  • Description of the car that the offender was driving
  • Medical certificate from a registered GP that would demonstrate the nature of your injury and an estimated medical expense that you would require to solve the problem
  • Name and contact address of one or more eye witnesses who may justify your claim
  • Report of the police officer who attended your case
  • Correct description of the situation and circumstances that would give a light on whether the surrounding had any role to play behind the accident not

Your solicitor is the best person when it comes to determining the correct way of gathering evidence in a case of whiplash claim and in this context you shouldn’t feel hesitating about calling for his assistance. If you are applying for no win no fee scheme, the burden of requirement will be more on you. Unless the lawyer is sure that your case has sufficient material to prove your innocence, there isn’t much possibility that you will be offered with the benefit. Delivering the court with the necessary details and that also in support of every argument will convince jurists of your gullibility in the situation and you may be awarded with the complete, estimated compensation amount. Please make sure to discuss the lawyer’s fee amount before you decide to assign the responsibility to a professional.  If the case is won, the court will make the offender or his soliciting company pay the amount and get it added with the total award. So, select your no win no fee solicitor today and establish your righteous claim against the wrongdoing.

Related posts:

  1. Whiplash Claim Nitty-gritty Explained for First-Time Claimants
  2. Whiplash Claim Process Explained in the Light of Mechanism of the Injury
  3. How the Advices of Conditional Fee Agreement Solicitors Pay off in a Claim Case?
  4. How Whiplash racket is turning the nation and costing £2bn
  5. Car Accidents Increase Whiplash Claims in the UK