Whiplash is one of the most common injuries resulting from car accidents, often leading to pain, discomfort, and disruption to everyday life. If you’ve suffered from whiplash due to someone else’s negligence, you may be entitled to compensation. This article will guide you through what whiplash is, how the claim process works, and what you need to consider when seeking compensation.

What is Whiplash?

Whiplash occurs when the head is suddenly jolted forward, backward, or sideways, causing strain on the neck’s soft tissues. It often results from rear-end car collisions, though it can also occur in other types of accidents.

Symptoms typically include:

– Neck pain and stiffness
– Headaches, often originating at the base of the skull
– Shoulder and upper back pain
– Fatigue
– Dizziness
– Reduced range of neck motion

While symptoms can appear immediately, they may also develop hours or days after the incident. In many cases, whiplash is not immediately evident, which is why seeking medical attention promptly is essential, even if you feel okay immediately after an accident.

Am I Eligible for a Whiplash Injury Claim?

To be eligible for a whiplash claim, you need to show that your injury resulted from an accident caused by someone else’s negligence. In most cases, this could be another driver who failed to adhere to road safety rules.

You may be eligible for a whiplash claim if:

– You were injured in a road traffic accident (as a driver, passenger, pedestrian, or cyclist)
– You can demonstrate that another party was at fault
– You have medical documentation of your injuries

How Much Compensation Can I Expect?

The amount of compensation for whiplash injuries varies depending on the severity of the injury, the impact it has on your life, and any financial losses incurred. Compensation is divided into two categories:

1. General Damages: This covers pain, suffering, and the impact on your quality of life. Minor whiplash injuries might result in a few hundred pounds, while more severe cases can lead to several thousand pounds in compensation.

2. Special Damages: These are additional losses resulting from the injury, including loss of earnings, medical expenses, travel costs, and rehabilitation. Documenting these expenses thoroughly can help increase the overall compensation awarded.

Steps to Filing a Whiplash Injury Claim

1. Look for Medical Attention
Ensure you get a medical assessment as soon as possible. This provides a record of your injury, which will be crucial evidence in your claim.

2. Report the Accident
Report the accident to the police (if required) and your insurer. Gather as much information as possible, including photographs, witness contact details, and any other evidence of the accident.

3. Consult a Solicitor
A solicitor can guide you through the process, help gather evidence and ensure that your claim is filed correctly and within the relevant timeframe. In most cases, whiplash claims need to be made within three years of the accident.

4. Calculate Your Damages
Document any expenses related to your injury, such as medical costs, travel expenses, and loss of earnings. Your solicitor will help ensure that these costs are included in your claim.

Why Work with a Solicitor?

Navigating the whiplash claims process can be overwhelming, particularly with recent changes in the legislation. Working with a solicitor not only helps you understand your rights but also ensures that you receive the maximum compensation you deserve. Solicitors have experience in gathering evidence, negotiating with insurers, and representing clients in court, if necessary.

Here at NJS Law , we have a whiplash injury claim dedicated team that will provide effective, clear and honest advice, making what may seem like a complicated process easier to cope with.

We work in a No Win No Fee basics. This provides peace of mind, allowing you to focus on recovery while your solicitor handles the legal complexities of your case.

Conclusion

Whiplash injuries can be painful and disruptive, but compensation can help alleviate some of the burdens associated with recovery.

If you believe you are entitled to make a claim, seek legal advice to ensure that your rights are protected and that you receive fair compensation for your injuries. At NJS Law we are here to help you through every step of the whiplash claim process, making sure you get the support you need to move forward.

Our NJS Law Personal Injury Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation.

Contact us today to discuss your claim.

We all encounter potholes on public roads, for many on a daily basis, but are we really at crisis levels? Yes, according to Cycling UK, “Britain’s pothole crisis costs lives”. According to the charity’s statistics, nearly one person per week (255 people) has been killed or seriously injured while cycling due to potholes and road defects on Britain’s roads since 2017. Thanks to Britain’s inclement weather and post-2008 cuts to local authorities’ budgets, the quality of the country’s roads ranks 37th in the world, between Slovenia and Lithuania. In 2019, over 700,000 complaints about potholes were received by Councils, according to the Federation of Small Businesses.

In this article, we will look at the real-life dangers of potholes, why the UK has a problem, whether enough is being done, and what you can do if you have been involved in a pothole-related incident.

The odds have been stacked against cyclists for too long

84-year-old Harry Colledge was fatally injured in January 2023 after his bicycle hit a large crack on a road in Winmarleigh, Lancashire. His bicycle wheel became trapped in an 87m-long crack, a defect that had been visible on Google Street View for 14 years and was known to the local county council. According to the details of the case, Mr Colledge suffered fatal head injuries and passed away later the same day. The coroner concluded that he would not have died if the local authority had fixed the crack in a timely manner. As Mr Colledge’s widow said, “We all accept that there is an element of risk in most aspects of life, but the odds have been stacked against people who cycle for too long. More and more people are being encouraged to cycle, and it is promoted as being a healthy, environmentally friendly form of transport and leisure activity…However, the state of our roads is unacceptable and, especially, the country lanes preferred by cyclists”.

In another more recent case, former triathlete Paul Hughes broke his collarbone, ribs and pelvis when his bike hit the crater on Sugar Loaf Lane, Stourbridge, causing him to be launched off his bike. He is now taking legal action against the local authority responsible for maintaining the road, Staffordshire County Council. Urging the council to do more to tackle potholes, he stated, “I had a lot of injuries, but it could have been a lot worse…If I didn’t have a helmet on, I wouldn’t be here now”.

What harm do potholes do?

Potholes cause damage and pose a risk to all types of vehicles. Most motorists will be familiar with the ‘thunk’ sound as their tyre falls into one of the many chasms that plague British roads. Potholes can damage a vehicle’s suspension, exhaust, steering alignment, tyre rims, and engine. Worse still, they also damage people.

As in the case of Mr Colledge, potholes pose a risk of severe injury or death for cyclists and motorcyclists if they hit a deep pothole, especially at speed.

Why does Britain have a pothole problem?

Potholes can form on pavements, roads, and paths. Groundwater expands and contracts after it has oozed under the surface, weakening the concrete, asphalt or other types of material above. As water freezes into ice, it expands, taking up more space and forcing the surface to bend and crack. As the ice cools back into water, it contracts again, leaving behind gaping wounds on the road’s surface. This allows more water to seep in.

Over time, the expanding and contracting of the concrete and associated materials compromises the surface of the road extensively, allowing potholes to form. Add in HGVs and corrosive rock salt (used on icy roads in winter), and the perfect recipe for dangerous, ugly, car-damaging potholes is created.

Are the local authorities doing enough?

The local authorities are keen to emphasise that they are investing millions to tackle potholes. Kent County Council (KCC), who were asked to comment on another cycling accident involving a pothole, that of Darren Crooks, who suffered life-changing injuries, stated:

“We are spending millions this financial year to repair potholes and other safety-critical defects on one of the largest road networks of any local authority in England. Anyone who sees a pothole on our road can report it directly to us on our website using our highway fault reporting tool”.

The county of Kent saw 15 deaths or serious injuries caused by potholes between 2018 and 2022, the highest in the country.

Innovation in pothole repairs, including the use of rubberised asphalt or other alternative materials and remotely controlled machines that cut out circular holes in the asphalt surrounding potholes instead of traditional square ones (in which the corners allow more water to enter), are helping to increase the effectiveness of pothole repairs. However, to take advantage of these new methods and technology, Councils need funds. For example, Oxfordshire and Kent Councils have recently trialled “Gipave”, a material made by adding a graphene-based additive to asphalt. It costs 15-20% more than asphalt but has twice the lifespan.

Final words

To ensure the current injection of cash does not simply put a temporary plaster over Britain’s pothole problem, funds to invest in innovations are urgently required. Until the level of funding is available, motorists, cyclists, motorcyclists, and other road users will almost certainly continue to be at serious risk of loss, injury, and death. If you have been injured in such an event, please speak to one of our friendly and compassionate Personal Injury Solicitors as swiftly as possible, as a three-year time limit applies to making a personal injury claim. If you are concerned about how you will pay for your legal fees, don’t worry – most personal injury cases are taken on a No Win, No Fee basis.

Our NJS Law Personal Injury Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation.

Contact us today to discuss your claim.