What is whiplash?

It is caused by the head suddenly being jerked forwards, backwards or sideways and is most commonly caused by road traffic accidents. It can also be caused by other sudden head movements, such as those caused by a fall or sporting activities like boxing, martial arts or rugby.

What are the symptoms of whiplash?

Whiplash can develop hours or days after your accident happens. This means you may initially think you are uninjured. Symptoms of whiplash are often more severe the day after the accident and can continue getting worse for days.

Symptoms can include:

  • Neck pain
  • Stiffness and pain around the neck and spine
  • Headaches
  • Muscle spasms
  • Tenderness around the neck, shoulders and top of the spine
  • Difficulty with swallowing
  • Dizziness

Some less common symptoms include pins and needles in your arms and hands, memory loss, inability to concentrate, tiredness and irritability.

How do I treat whiplash?

The NHS advises that in most cases of whiplash, it will get better on its own or with some simple treatment. It will typically take a few weeks or months for a full recovery to be made. However, some people will suffer severe symptoms for a long time.

According to the NHS, it is important to keep your neck mobile if you have suffered whiplash. This will improve its movement, as well as speeding up your recovery. Despite the image many may have of a victim of whiplash, neck braces are not recommended as these immobilise your neck.

Ice packs for the first few days after the injury, then warm compresses after that, can help reduce pain.

Who do I claim against?

Who you will claim against depends on how you were injured. If you were hurt in a car accident, you will claim against the insurer of the person responsible. If you were a passenger in the vehicle when the accident happened, you could make a claim against the driver.

Meanwhile, if you were injured in another way, such as a trip or fall or sporting activity, you will claim against the person who caused the accident.

How much compensation can I claim?

Each whiplash injury is different, meaning that the amount of compensation you could be entitled to will depend on the severity of your injury. This means it is difficult to say exactly what you’re entitled to without assessing the extent of your injury first. To give you an idea of what you could claim, a whiplash injury could see the compensation of up to £3,810 awarded.

Is there a time limit to make a whiplash claim?

You typically have three years to make a whiplash claim. It is advisable to begin the process as soon as you can. Your memory of the event will be clearer and you may find it easier to access certain evidence, such as CCTV.

However, there are exceptions to this rule. If a child suffered a whiplash injury, they have three years from their 16th birthday to make a claim. Meanwhile, if you are claiming on behalf of someone who lacks the capacity to claim for themselves, there is typically no time limit.

I’ve suffered a whiplash injury – what should I do?

Your situation is unique to you. We can talk you through your options and help you work out the best course of action for you to deal with your whiplash injury.

McEwan Fraser Legal can give you advice on dealing with your whiplash claims. If you would like more information then please do not hesitate to contact us on 0345 210 2121.

Note: This article is for information purposes only and does not constitute any form of advice or recommendations. You should seek proper professional advice from this firm before making any decisions.

*upfront award payments by McEwan Fraser Legal will be determined upon the type of claim and the level of claim.