Whiplash is a personal injury case that is caused by a road traffic accident which resulted in health damage to tendons and ligament in the neck area. On average, symptoms of whiplash injury appear 6-12 hours after the accident. They include pain, stiffness in the neck and shoulder, headaches, blurred vision, and soreness. The legal matter with whiplash case has gained negative reputation due to a lot of whiplash cases turned out to be fraudulent claims.
In the United Kingdom, those “fake claims” somehow have changed the nation’s condition and branded as ‘compensation culture’. It has become a national phenomenon that costs the country 1 billion euros every year. As High Court judges have begun to reject whiplash claims and demand evidence stronger than before getting a whiplash compensation today is not an easy business.
Despite the scams, such policy can be problematic because whiplash does harm the victims of the accident. Genuine claims have been dismissed. And people who are supposed to get compensation for medical expenses cannot receive what they deserve.
Preparing a Claim
Concerning the difficulties of whiplash claim, if you are about to get one, you need to gather the right pieces of evidence for the case. First, you need to make sure that there are eligible witnesses present at the moment of the accident. Second, do not postpone getting legal assistance from an attorney. Gathering the witnesses by yourself is difficult because they may not have the sense of the legal obligation. But if an attorney approaches them, the chances are that they will be cooperating with you. Third, official accounts of the collision/accident are needed. And you obtain them from either a police or collision expert.
After you gather the evidence, an adjuster will investigate your claim. And during that phase, it is crucial not to say anything about your health. Telling the adjuster that you are okay can be interpreted as you considering the compensation no longer necessary.
Reaching Out a Solicitor
Legal assistance is needed since the very first stage of the claim. An injury attorney can arrange independent medical examination on your injury to provide tangible proof for your physical condition. When necessary, the attorney can also commission an accident investigator to give a professional account of the accident’s chronology.
After the necessary documents and proofs have been gathered, a solicitor will negotiate the amount of the compensation for the damage. If there is no agreement between both parties, the compensation claim will eventually proceed to a court hearing, where the judge will determine the level or the amount of compensation granted.
Additional Notes
Whiplash cases are trivial because the injury may not be visibly serious in a short period. But due to the nature of the claim, getting the settlement may unnecessarily take a long time. Insurance companies will treat the claimants with suspicion, and gathering the evidence may get you to face many obstacles.
Furthermore, whiplash compensation money is not much if compared to the other forms of injury. And consequently, attorneys may be reluctant to help. You must first find medical support that can validate the severeness of the long-term impact of your whiplash injury.…
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