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How Can I Prove I Have A Whiplash Injury?

By Fern Mitchell. Last Updated 16th February 2021. Welcome to our guide on whiplash injuries where we’ll look at the question, “how can I prove I have whiplash?” On this page, you will find information and advice on how to go about answering the question. It also covers the legal process of making a compensation claim for a whiplash injury. As long as you are ready to begin your claim within the personal injury claims time limit of three years, then the information on this page will be invaluable to you.

If you would prefer, we can talk you through the process of making a whiplash claim if you don’t want to read all of this guide. Call Legal Expert on 0800 073 8804 now, and we will help you to begin your own whiplash claim.

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A Guide To Proving Your Whiplash Injury

How can I prove I have whiplash

How can I prove I have whiplash?

This page contains a full guide to making a personal injury claim for a whiplash injury. Road traffic accidents are the most common of all types of accidents in the UK each year, and whiplash is the most common injury suffered by victims of road traffic accidents that sees them successfully make personal injury claims. This guide contains everything you need to know to learn about the claims process that your legal team will follow in order to make a claim on your behalf; it contains key information such as:

  • A definition of what a whiplash injury actually is, as well as an explanation of the physical process that produces a whiplash injury.
  • A list of the most common causes of a whiplash injury that victims of an accident might fall foul of.
  • A list of all of the main symptoms that a case of whiplash, even the mildest, will manifest.
  • An explanation of why it is vital that anyone wishing to claim for a whiplash injury undergoes an independent medical examination to prove the injury exists.
  • Information on how undergoing an MRI scan is a good way to prove that you have a serious whiplash injury worthy of receiving compensation for.
  • An explanation of why it is vitally important that you establish the cause of your whiplash injury in order to be able to make a successful compensation claim, and how to go about this.
  • A list of all the typical types of damages a person might receive as part of their whiplash injury settlement, including special damages and general damages.
  • A table that details common neck and back injuries that can be caused by whiplash, and the typical amounts of compensation a victim of one of these injuries can expect to claim in compensation.
  • A full overview of the Conditional Fee Agreement that Legal Expert uses as the basis of its personal injury claims service. We also explain why this is the most straightforward, simple and effective way to make a whiplash claim.
  • We have also included a number of useful links that could be of help to whiplash victims.

After you have finished this guide, you may find that you still have a number of questions that you need answers for. If this is indeed the case, then please contact Legal Expert at the telephone number you will find in the final section of this guide at the bottom of the page.

What Is Whiplash?

You may feel the effects of whiplash straight after being in an accident. However, to answer the question, how to prove whiplash? we need to understand just what a whiplash injury is.

A whiplash injury is a neck, or occasionally an upper back injury, that is caused by the head suddenly and rapidly moving sideways, forwards or backwards. A plain whiplash injury is a type of muscle sprain. However, in a more severe case, there could be damage to the vertebrae of the neck or upper back, as well as other damage. Whiplash can take from weeks to months to clear up, and in the most severe cases, some of the effects of the injury may be permanent.

If you have suffered a whiplash injury, then Legal Expert can help you to claim compensation for it. Simply call us on the number down at the bottom of this guide to start your claim today.

What Are The Common Causes Of Whiplash?

The primary cause of whiplash injuries in the UK is road traffic accidents. Taking a look at the graph above, we can see that there are a large number of ways that road traffic accidents can be caused, which could lead to whiplash claims. Part of the answer to the question, how to tell if someone is faking whiplash? is to look at how the whiplash occurred and decide whether the accident was serious enough to cause whiplash. Some of the most common causes of whiplash are:

  • Road traffic accidents – the single most common cause of whiplash claims in the UK.
  • Sporting injuries – where a sharp blow to the head caused trauma to the neck.
  • Slips trips or falls – which wrench the neck as the victims hit the ground.
  • Blunt trauma – such as being hit by a heavy object that has fallen from a height.

No matter the cause of your whiplash, if a third party was responsible for causing it, then you should be able to make a compensation claim. Call Legal Expert on the number down at the bottom of this page to find out how.

What Are Common Whiplash Injury Symptoms Which Help You Prove Your Claim?

Part of the answer to the question, how can I prove I have whiplash, is to take a look at the actual whiplash symptoms and see if they correlate to a standard case of whiplash. Typical symptoms of whiplash include:

  • Minor symptoms
    • Pins and needles (in arms, legs or hands)
    • Dizzy spells
    • General fatigue
    • Some memory loss
    • Lack of concentration and irritableness
  • Major symptoms
    • Pain in the upper torso (arms and shoulders)
    • Spasms of the neck, arm or shoulder muscles
    • Sharp, severe headache
    • A generally stiff neck making movement of the head painful difficult
    • Tenderness and pain in the neck

If you have suffered symptoms such as those detailed above, you may have suffered a whiplash injury can potentially claim compensation. Call Legal Expert on the number at the top of this guide to find out how we can help you.

Is It Important To Get A Medical Assessment Or See A Doctor?

One answer to the questions, what compensation do you get or whiplash? could be none, unless you can prove you are actually suffering from whiplash. One of the best ways to go about proving that you do indeed suffer from whiplash is to have a medical assessment done.

The results of this medical assessment can be used in support of your claim as an expert medical opinion. Legal Expert can help you by arranging a local expert medical examination for you, call us on the phone number at the end of this guide to find out how to arrange this.

Can An MRI Scan Help Diagnose A Whiplash Injury?

One answer to the question, how can you prove you have whiplash? Is to undergo MRI scans for whiplash injuries. However, you need to understand that the older, traditional type of MRI scans cannot pick up the key symptoms of whiplash.

Instead, you will need to ensure that you undergo one of the newer types of MRI scans knows as Fonar MRI. These scans take place while the patient is standing up and have proven to be effective in uncovering whiplash symptoms in most patients. A positive result for whiplash from such an MRI scan would be pretty compelling evidence in proving your claim is viable.

If you have suffered a whiplash injury, then call Legal Expert at the number down at the bottom of this page so we can answer questions such as, what is the average settlement for whiplash? And any others you may have.

What Do I Need To Establish Causation In A Whiplash Injury Claim?

One answer to the question, who pays for whiplash claims? could be nobody, unless you can establish the cause of your whiplash was attributable to a third party. When you suffer from whiplash what to say to a doctor is important, you need to start on the right foot, explaining very clearly how the whiplash was caused by a third party. Some ways you can improve the probability of establishing the cause of your whiplash is to:

  • If the whiplash was caused by a road traffic accident, be sure to take plenty of photographs of the scene of the accident. Also, make sure the police have recorded the accident.
  • If the whiplash was caused by a slip, trip or fall, the photograph the cause of the accident. For example, the wet floor you slipped o or the faulty floor covering you tripped on.
  • If the whiplash was the result of an accident at work, make sure that the accident causing the whiplash has been recorded in the company accident book.
  • If the whiplash was the result of an accident in a public place such as a restaurant, retail store, supermarket, etc. the make sure that you reported the accident to the person responsible for operating the building.
  • Get yourself a private, impartial and expert medical opinion to reinforce your claims case. This is something that Legal Expert can organise for you; we can arrange for you to undergo a local medical examination.

If you need to prove that you have a viable compensation claim for a case of whiplash, Legal Expert can give you some free legal advice on how to best go about doing this. Call us on the telephone number that you will find in the final section of this guide so that we can begin to assist you in proving you have a viable claim for whiplash.

What Are The Different Parts Of A Personal Injury Claim?

When you contact a personal injury solicitor to begin making a whiplash injury claim, your solicitor will need to discern just what types of damages he will seek on your behalf as part of your overall settlement. There are two main categories of damages; these are general damages (all of the physical aspects of your injury) and special damages (all non-physical losses related to your injury). Within these two main categories of damages, there are many sub-categories, for example, these below:

  • Special damages:
    • The cost of in-home care – if you had to hire in-home help to assist you with day to day tasks.
    • The cost of in-home nursing – if you had to hire in a nurse to help care for you while you recuperated from your whiplash.
    • The cost of medical expenses – if you had to pay for any medical treatment out of your own pocket to have your whiplash treated.
    • The cost of travel expenses – if you had to travel to get the injury treated, or you had to travel to take care of managing the compensation claim itself.
    • Financial losses – such as losing the cost of a plane flight which you missed due to your whiplash.
    • Loss of historical earnings – if you have previously had to take time away from work due to your whiplash and lost out on income.
    • Loss of future earnings – if the long-term prognosis for your recovery from whiplash will leave you without the same earning potential or ability to work as before.
  • General damages:
    • Compensation for permanent disabilities – if the prognosis for your recovery from whiplash is that you will have a permanent disability due to the injury.
    • Compensation for a long and painful recovery – if your recovery period was long, painful and traumatic.
    • Psychological damage – if your injury has caused you to contract psychological conditions such as P.T.S.D. anxiety or depression.
    • Mental trauma – related to the short-term shock of the accident and having the injury treated initially.
    • Suffering – related to the pain of the accident and having the injury treated initially.

This is not intended to be a full list of the damages you might be able to claim for a whiplash injury, but these are the most common types. Call Legal Expert on the phone number at the bottom of this guide to find out what types of damages might apply in your own case.

What Is The Average Settlement For Whiplash

We have not included a personal injury claims calculator as part of this guide. Instead, we have provided this table which is much more accurate. It shows typical amounts of compensation paid for whiplash related injuries.

InjurySeverityInformationCompensation
NeckMinorThe injuries will range from almost trivial cuts and abrasions, through to minor fractures of the next vertebrae. Recovery will take place over one or two years. Up to £7,410
NeckModerateThe injuries will range from simple fractures of the neck vertebrae to more complex fractures and some short-term pain.£7,410 to £36,120
NeckSevereThe injuries will range from complex fractures of the neck vertebrae to multiple compound fractures and severe long-term pain.£42,680 to £139,210
BackMinorThe injuries will range from almost trivial cuts and abrasions, through to minor fractures of the back vertebrae.Up to £11,730
BackModerateThe injuries will range from simple fractures of the back vertebrae to more complex fractures and some short-term pain.£11,730 to £36,390
BackSevereThe injuries will range from complex fractures of the back vertebrae to multiple compound fractures and severe long-term pain.£36,390 to £151,070

A much better way than using a whiplash claim calculator to get an idea of how much compensation you might receive is to call Legal Expert on the number at the end of this guide, and we will come up with a ballpark figure based on your own case.

No Win No Fee Whiplash Accident And Injury Claims

The most risk-free way to make a compensation claim for a whiplash injury is to find a personal injury lawyer who is willing to take on your claim under a No Win No Fee agreement. Legal Expert is such a legal team; our core service offering is a claims service available to people all across the UK. The fee structure for which, looks like this:

  • To begin a whiplash claim – £0.00.
  • To pursue a whiplash claim even if it takes months – £0.00.
  • If we fail to successfully win compensation on your behalf – £0.00.

The only time we will ask you to pay our fee, is when you have a cheque for compensation payment in your hands. Call us on the number below to find out more.

Why Legal Expert Are Ready To Help You

To answer the question, can a whiplash claim be refused? Yes, it can, especially if you choose a personal injury lawyer who isn’t experienced in making such claims. It is vital that you choose a good legal team to make you claim. Legal Expert is such as Legal Team. We have successfully won whiplash claims cases for hundreds of people, and we can do exactly the same for you.

We will try to get you the maximum compensation payment that we can and will do everything possible to ensure that your claims case has a positive outcome. We will be on hand at all times to answer any questions you have about your claim, and keep you updated on what we are doing on your behalf.

If you are ready to make your whiplash claim, call Legal Expert on the number below so that we can walk you through the claims process and get your claim started today.

Start Your Claim Today By Contacting Legal Expert

Are you ready to make a whiplash claim? If you are, then please contact us here at Legal Expert on 0800 073 8804 right now. We will spend a little time asking you some questions about your case, and once we know enough about your situation, we will give you some free legal advice on what we believe your next move should be.

How can I prove I have whiplash FAQs

What happens if you leave whiplash untreated?

If you’ve been injured in a car accident, then you should seek medical attention for your injuries, and whiplash is no exception.

Usually, whiplash can be treated by taking painkillers, allowing you to go about your daily activities. Resting for long periods or using a neck brace aren’t recommended treatments and may slow down your recovery in the long run.

If your symptoms persist after a few weeks without getting any better, you should speak to your GP. They may refer you to a physiotherapist.

If your whiplash symptoms continue to trouble you and you don’t seek medical attention, then it could result in a limited range of motion in the affected areas. If your injuries are to your neck, this could also result in tension headaches.

How is whiplash diagnosed? 

Usually, you won’t need to undergo tests or scans to determine if you have whiplash. Your doctor will ask you to describe your symptoms and tell them how the injury took place.

If another injury is suspected, like damage to your spine, then tests like CT or MRI scans, or x-rays, may be recommended.

Helpful Resources

Below you will find a link that will take you to a web page that contains a full guide to making compensation claims for whiplash symptoms:

A guide to making compensation claims for whiplash symptoms

Below you will find a link that will take you to a web page that contains a full guide to making compensation claims for road traffic accidents against untraced or uninsured drivers:

A guide to making compensation claims from the MIB

Below you’ll find a link to a guide to making claims for head injuries:

A guide to head injury claims 

Below you will find a link that will take you to a web page that contains general information published by the NHS about whiplash injuries:

NHS information on whiplash injuries

Below you will find a link that will take you to a web page that contains information published by the NHS on the best first aid procedures to follow to treat victims of whiplash:

NHS first aid recommendations for whiplash

Thank you for reading our guide where we hope to have answered the question, “how can I prove I have whiplash?”

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