Whiplash Compensation Claim
Whiplash compensation claims are one of the most common personal injury claims in Europe. No precise figures are available in the Republic, but in the UK they account for almost three-quarters of motor insurance claims and 14% of all motor insurance premiums. The cause of whiplash is the sudden forwards and backwards movement of the head – hyper-extending the cervical spine at the base of the brain and resulting in ligament and soft tissue damage around the neck, shoulders and back. Whiplash injuries are usually sustained when you are seated in a vehicle and have been struck from behind by another vehicle, but similar injuries can also be sustained in slips, trips and falls.
Treatment for Whiplash Injuries
Whiplash is a notoriously difficult injury to diagnose due to the way it manifests in different victims. Most commonly, a person suffering from a whiplash injury will experience pain in their neck, shoulders or back, but secondary symptoms such as headaches, dizziness, other vision problems and insomnia can also appear and often be masked by other physical ailments. In the most severe cases of whiplash injury, the victim may suffer fractures of the upper vertebrae, and this is why it is so important whenever you are involved in an accident which may result in whiplash injuries that you seek an urgent medical examination.
Treatment for whiplash injuries will usually include pain relief, anti-inflammatory drugs, rest and gentle exercises prescribed by your medical practitioner. A small number of people will develop whiplash syndrome – a medical condition with symptoms of tingling in the arms, constrained movement of the neck, sleep disorders and, ultimately, depression. Whiplash syndrome may last for months – or even years – after an accident, and can seriously disrupt a victim´s work, family and social life. These are all important factors which should be included when making a whiplash compensation claim.
Making a Whiplash Compensation Claim
Making a whiplash compensation claim should always be done with the assistance of a personal injury claims solicitor (indeed 90% of claims made to the Injuries Board Ireland are). Because of the complexity of the injury and the way in which the symptoms affect each individual in a unique manner, no two claims for whiplash compensation can possibly be alike. As well as making a whiplash compensation claim for the physical trauma you suffered in the accident, you are also entitled to claim special damages to recover any costs you have incurred in getting treatment for your whiplash injury or earnings you may have lost due to being unfit to work.
Your solicitor is also the best person to complete and submit your application form for whiplash compensation to the Injuries Board Ireland. At a time when you may still be recovering from your injuries, your focus may not be on attention to detail, and it is quite simple to overlook simple items of the application which may leave you under-compensated when your claim for whiplash compensation is assessed. Furthermore, if a solicitor is involved from the very beginning of your whiplash compensation claim, he will be able to prepare the strongest possible case to counter any liability issues or attempted third party capture should they occur.
Whiplash Compensation and Liability
One of the biggest problems when you make a claim for whiplash compensation is getting the negligent party to admit their liability. Motor insurance companies in particular advise their clients never to admit responsibility for any accidents they cause, and are equally keen to see whiplash compensation payments reduced to a minimum. If a negligent driver denies that he is responsible for your whiplash injuries, the Injuries Board Ireland will decline to assess your claim for whiplash compensation and issue you with an authorisation to pursue your whiplash compensation claim through the courts.
The motor insurance companies might also approach you with an offer of early settlement if they believe that they can get away with offering you a reduced amount of whiplash compensation in return for an immediate settlement. This act is known as third party capture, and if you already have a solicitor engaged on your whiplash claim for compensation, he will be able to enter into negotiations with the insurance company to ensure that you receive an appropriate amount of compensation for your injury.
Free Whiplash Claims Advice
If you have sustained a whiplash injury in an accident which was not your fault, or even if you are not sure whether you are entitled to claim whiplash compensation, you are invited to call our free whiplash claims advice service on 1-800 989 988. This service enables you to speak directly with an experienced personal injury claims solicitor, establish whether you have a whiplash compensation claim which is worth your while to pursue, or check to see if an offer made to you by an insurance company represents a fair and adequate amount of whiplash compensation.
Claims for whiplash compensation are subject to a time limit until you are disqualified from filing your whiplash compensation claim. Therefore, please do not hesitate to give our free whiplash claims advice service a call at your earliest possible opportunity. There is no obligation on you to proceed with a whiplash compensation claim or use any of our other services. All calls to our free whiplash claims advice service are completely confidential, and if now is not a good time to call us, please complete your contact details in our call-back form, and one of our experienced personal injury solicitors will get back in touch at a more suitable time.