If you have suffered a whiplash injury in an accident that was a result of someone else’s negligence, you could be entitled to make a claim.
The solicitors at YouClaim have vast experience helping whiplash sufferers claim compensation, which can go towards covering loss of earnings and incurred expenses caused by the injury.
To speak to a lawyer today, simply call us on 0800 10 757 95, chat with us online or fill in the contact form on this page and we will get back to you shortly.
Whiplash is a condition caused by the severe movement of the head, causing damage to the neck. It usually occurs after a sudden impact, for example, in a car crash, but can be caused by low-impact accidents too.
It often comes under scrutiny because it affects people differently - the same accident might cause terrible suffering for one person, but leave another completely injury free. The symptoms of whiplash are not always apparent immediately after an accident, and may not present themselves until some time later.
There are a number of disorders associated with whiplash, which vary from person to person. To read about them, click here.
The most common cause of whiplash is a road traffic accident. However, individuals can also suffer whiplash from other types of activities and incidents. These include:
Work accidents can occur anywhere, whether you work in a shop, warehouse, construction site or any other location. There are many jobs that require manual labour such as lifting, fetching, carrying and working from height, all of which can leave the body open to stretches and strains, particularly back and neck injuries. In addition, any sudden fall or impact could cause a whiplash injury.
Workplaces have health and safety guidelines in place to reduce the risk of injury. If an employer fails to adhere to these rules and regulations and you suffer a whiplash injury, you may be able to make a claim for compensation.
Common causes of whiplash in the workplace include:
Despite go-karting being a fun and family-friendly activity, you may be at risk of whiplash if the activity is not properly managed. As a result of driving at high speeds and navigating tight corners, your head could experience a lot of movement that could cause damage to the neck. Injury can also be caused by a collision, either into another go-karter or into the safety barriers, and the effects can be similar to a road accident, albeit at a lower speed.
Go-karting companies have a responsibility to ensure every customer has heard and understands the safety rules in order to reduce the chances of injury. Adequate safety equipment should be provided too, including a helmet, protective overalls and gloves. If a go-karting operator has failed to fulfil their duties and you sustain a whiplash injury, you may be able to make a claim for compensation.
An injury to the head or neck sustained while playing an ice hockey match may result in whiplash. Sports therapists say that ice hockey players, who can reach speeds of more than 25 miles per hour when skating, often need the same medical attention as somebody who has just been involved in a car accident.
Whiplash for ice hockey players is therefore an occupational risk, but if adequate steps are not taken to protect you and you suffer from whiplash as a result, you may be able to make a claim.
Skydiving is known for its association with whiplash. The force of landing on the ground can jerk the head back, causing a hyperextension movement that can damage the muscles and ligaments in the neck. Similarly, the force on the head and neck when a parachute is opened, or even the slight movement of the head in the face of such air resistance, can cause whiplash. However, this can often be prevented if safety procedures are followed and the correct equipment is worn.
The British Parachute Association (BPA) has a stringent set of guidelines with which all qualified instructors in the UK must comply. However, adrenaline junkies may be attracted by activities abroad - where such strict guidelines may not be imposed - by cheaper prices and better weather.
It is therefore essential to ensure that the skydive school you choose has strict safety procedures in place. Any equipment should be in good working order, with no signs of wear or damage. Your instructor should also brief you on safety procedures before you leave the ground to help minimise the risk of injury.
Also make sure that skydiving is covered under your travel insurance policy. Before signing the policy, read through your insurance documents carefully. Many wrongly assume they will be covered for extreme sports and later find they are unable to make a claim. Remember, many companies charge extra for high-risk activities such as skydiving, so make sure you are covered beforehand.
Although rare, whiplash may occur in sport shooting when recoil from a weapon causes a participants head to move forcefully. The Management of Health and Safety at Work Regulations 1999 requires that venue managers not only ensure the safety of their staff members, but also safeguard the wellbeing of the general public.
Anyone who has witnessed a bucking bronco in action will not be surprised to learn it has often caused whiplash. The speed and motion of such a ride mimics that of a car crash and causes the head and neck to jerk violently.
If you believe your injuries could have been avoided, you should speak to a solicitor. Examples of management liability in bucking bronco (or similar mechanical ride) accidents include:
The most common ice skating accidents involve cuts and amputation injuries caused by the blade, or bruises and broken bones caused by slips and falls. However, whiplash can also be brought on by the rapid movements involved in the sport, and is caused by hyperflexion of the tendons and ligaments in the neck. Other causes include improper training and poorly maintained ice.
Not every figure skating routine requires the head to move, but if you or your partner undertakes an action in an unsafe manner, or before your neck is strong and flexible enough to withstand the force of the movement, you may sustain symptoms of whiplash.
If you are a professional ice skater, sustaining an injury could ruin - or at the very least postpone - your career while you take time to recover. This could lead to lost earnings, which could in turn lead to serious financial problems.
Every claim is different and is judged on the injured person's individual circumstances, as well as a number of other factors.
Firstly, it depends on the type of compensation you are looking to recover. Compensation for the injury alone is known as general damages, while compensation for financial losses suffered as a result of your injury is known as special damages.
There is also the issue of blame. If the person making the claim is deemed partly responsible for the accident that caused the injury, they will only be entitled to a proportion of the payout.
For example, if liability for an accident is deemed to be 40% the claimant's fault and 60% the defendant's fault, the claimant will receive 60% of the agreed compensation award.
Another indicator of how much whiplash compensation you could be entitled to is how long it takes you to recover from your injuries. The most recent damage guidelines for neck injuries suggest that if:
Remember, these are simply guideline amounts. It is always best to speak with a lawyer to find out how much you could claim, as no two claims are the same.
Most cases have a time limit of three years from when it is apparent the injury was caused by an accident. Once you start a claim with us, we will aim to get your claim settled as soon as possible.
A whiplash injury is often just one type of damage suffered in a road traffic accident and claims of this nature are treated together, meaning the compensation you receive will be a reflection of all injuries sustained.
Our solicitors have helped thousands of people claim for injuries they have suffered as a result of someone else’s negligence, and are committed to helping you get the compensation you deserve.
We provide a transparent, jargon-free legal service and, what’s more, we operate on a ‘no win, no fee’ basis, which means you are financially protected.
The personal injury team helped Sam Donnelly after he suffered whiplash in a car accident. Take a look at this video to find out more:
For information on how we have helped others claim for a whiplash injury, take a look at our case studies below:
If you or a family member has suffered whiplash in an accident caused as a result of someone else’s negligence, our solicitors are waiting to help you. Start your claim today by simply calling 0800 10 757 95, speaking to us via our online chat feature or filling out the enquiry form on this page.