Can I Make A Claim For Whiplash Injury Compensation If My Symptoms Were Fully Resolved Within One Month Of The Accident?

If you have sustained a whiplash injury as a result of a road traffic accident you may be wondering whether you are able to claim whiplash injury compensation. If your injury has been fairly minor you may be wondering whether it is worth pursuing a claim for whiplash injury compensation or whether you should simply put the matter behind you. This article seeks to answer this question by looking at how a whiplash injury is actually caused, what the main symptoms of a whiplash injury are, how you know when you are fully recovered from the accident and what actually forms part of a whiplash injury claim.

A whiplash injury is caused during the course of a road traffic accident usually, but not always, when one vehicle collides with the rear of another vehicle. This motion causes the head and neck of the driver and/or passengers in the vehicle to be suddenly and forcefully thrown back and forth causing the soft-tissue and ligaments in the neck to be stretched beyond their normal range of movement.

It may take several hours, or even several days, for you to become aware that you are suffering from a whiplash injury. The injury may present itself in the form of headaches, pain and discomfort in your neck, shoulders and back, restricted movement in your neck, nausea, lethargy and pins and needles. In addition, the symptoms of a whiplash injury can often fluctuate, meaning that although you may think you have made a full recovery from your injuries – for example, a month after the accident - you may still experience intermittent symptoms in the days or weeks to come. It is important that you seek medical attention from your GP or local Accident & Emergency Department as soon as you become aware that you may be suffering from an injury following the accident as they will be able to advise you on the best course of treatment as well as, hopefully, ruling out anything more serious than whiplash.

Even if the symptoms of your whiplash injury are fully resolved within one month of the accident you should not discount making a claim. The injury part of your claim alone (called your ‘general damages claim’) may be worth a minimum of £850 and you will also be able to claim for any out of pocket expenses incurred during this period such as loss of earnings, loss of overtime, treatment costs and travelling expenses to medical appointments. This part of your claim is called your ‘special damages claim’ and can often make up a significant part of your compensation award.

It can be seen therefore, that even if you have been ‘lucky’ enough to recover from your injuries within one month of the accident, the special damages part of your claim – such as your lost earnings – could add up to quite a significant amount and if you were not at fault for the accident then you deserve to be compensated for your pain, suffering and out of pocket expenses.

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Why You Must Act Now!

If you have suffered an injury please contact us immediately. Failure to do so could cause your claim to fail or significantly reduce the chances of success for two reasons:

  1. The longer the period you leave before taking action, the less the chance of the success of your claim. This is due to the evidence required to connect the chain of events to prove that your injury was caused by the accident in question.

  2. Our Loyalty Law specialists can only look after a set number of people who have been injured. This is because they aim to provide the highest standards of service and can only do this if they limit the number of people that they help. To give you the best chance of being helped by one of our solicitors get in touch with us immediately or we may not be able to help you.

Delay really can be fatal to your chances of success, so please contact us now and let us take care of you and your claim.

Call us free now on 0800 142 2775 (or local rate: 01275 75 00 44) for your free and instant claim assessment, or complete our Instant Claim Assessment online.

What Happens Next?

You will be contacted by one of our specialist whiplash claim solicitors. They will explain whether they are able to help you with your whiplash claim. If they can, they will then take care of everything else for you. Being specialists, they know that you have already had enough stress following your accident, so they will make the whole process as simple as possible for you from that moment onwards.

This will include completing paperwork for you, arranging free replacement car hire and medical treatment, and generally taking really good care of you.

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Whiplash Claim Compensation Specialist Nicholas Jervis

Nicholas Jervis, Solicitor (non-practising) and Managing Director of Whiplash Specialists Loyalty Law

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