According to the AA, Britain has one of the best road safety records in the world. Nevertheless The Times newspaper recently referred to Britain as the ?whiplash claims capital of Europe?, with a staggering 1,500 claims made every day.
Whiplash is a commonly recognised injury caused by a violent jolting of the head back and forth causing trauma to the neck. Whiplash injuries are typically sustained during road traffic accidents, leading to a high number of whiplash claims. It is not only drivers or front seat passengers who are prone to whiplash. Backseat passengers are also severely affected, often when vehicles are travelling at low speeds.
While road traffic accidents are the major causes of whiplash claims, any incident involving jolting of the head can cause whiplash. These include fairground rides such as dodgems, awkward trips and falls or a blow to the head. On rare occasions a whiplash injury is sustained during a violent contact sport such as boxing.
There are two types of whiplash, namely acute whiplash and chronic whiplash. Acute whiplash occurs when the neck ligament and tendons suffer marginal damage, resulting in a relatively rapid recovery. Chronic whiplash can last from several months to several years, sometimes making whiplash claims harder to define.
The NHS provides an example of one study giving an average recovery time of 32 days for a straightforward whiplash injury. Out of around 2,600 respondents, it was noted that 12% were still suffering six months after their injury. Acute whiplash symptoms include a stiff or swollen neck and tiredness. Chronic whiplash on the other hand may lead to dizziness, tinnitus, memory loss and occasionally depression. Whiplash claims in these cases may ultimately result in increased amounts of compensation.
The total compensation granted in whiplash claims depends both on the severity and longevity of the injury sustained. Compensation can vary dramatically even in two separate cases where the injuries are identical. For instance, if one sufferer is the main family earner, payments received may be higher than in cases where the injury doesn\’t affect family finances. Women are also more susceptible to injury as their necks are generally weaker.
Anyone experiencing symptoms of whiplash following an accident should preferably file whiplash claims within three years of the incident. Early claims for compensation, where feasible, often mean a case is easier to prove, leading to a favourable outcome for individual whiplash claims.
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