Whiplash claims are filed, when the person suffers from impact damage. In a whiplash injury the neck is lashed back or front just like a whip due to the car accident. The neck is thrown out of its proper position. Sometimes due to neck injuries the patient cannot turn sideways or straight upwards until a therapeutic re-adjustments are performed. Whiplash injuries can also occur due to certain amusement rides or playing rough sports besides car crash.
Eligibility for whiplash claims
- 1.The injury must have taken place within last 3 years
- 2. The claimant must have a medical proof of being diagnosed and treated by a chiropractor, doctor or osteopath
- 3. If the damage was due to road accident then the patient can only file a whiplash claim, if the injury was judged to be somebody else’s fault. Whiplashes incurred while crashing into vacant or stationary vehicle are basically ineligible. Such injuries are the sole liability of the driver and the insurer.
- 4. Whiplash damages incurred on other grounds can also be claimed. For example, a machine operator is responsible for his/her action, if another worker of the team gets whiplash injury.
Pointers to cover your bases
Make certain that you are totally prepared, while chasing a whiplash claim.
- 1. Collect statements from witnesses of the accident or incident, which gave rise to the injury.
- 2. Make certain that you collect all the appropriate medical documentations.
- 3. The claim filing must be performed in a timely manner. The reason is that most insurance providers end up refuting the claim. This is because the whiplash policies include a time setting for filing claims against whiplash injury.
- 4. Ensure that you update and add-on your medical documents as necessary. Actually, your medical status will change as days pass by. Therefore, the claim adjuster must be provided with the required extra medical information regarding your case.
Symptoms of whiplash
Symptoms generally include pain, stiffness, uneasiness, headache, and at times dizziness. Severe cases symptoms comprise of memory loss, tinnitus and lack of concentration. You can visit your GP, if you suffer from any of these indications. Get medically assessed for best treatment and it will also help you to determine the compensation.
The kinds of symptoms you encountered influence the compensation level. Symptoms can be cured, but some claimants have to suffer permanently that adversely affect their lives.
The determining factors for assessing claim value are:
- Whether the claimant had to take leave from a job or not
- Whether the claimant had resumed to their pre-accident work and suffered an aggravation action because of office chores or not
- The necessity for care and support while injured including childcare, personal hygiene, doing household chores, etc.
- The claimants ability to carry on with their normal recreational activities or hobbies
- Whether the claimant had a predating condition that may either get aggravated or activated due to the accident.
Filing whiplash claims is a lengthy process, so it is wise to talk to a lawyer. The lawyer determines, whether your case is sound to pursue whiplash claims. The next step is to fill the paperwork’s with the advocate and file the case in the court. Your case will take months or even more than a year to get settled.
Whiplash claims settlement
Whiplash is truly an unpredictable condition. It means that your doctor has predicted that you will recuperate in 4 months, but you may still be suffering for one or two years down the line. Usually, the solicitor will suggest that you wait for a complete recovery.
Several claimants try to settle their claim before recovering, because of financial hardships they face. At this point during the claim procedure, your lawyer will advise you to accept interim payments. The claimant can make temporary disbursements before the claim is concluded. The amount accepted in advance is deducted from the final sum they will receive.