How to File a Claim for Whiplash Injuries

by ThomasEdwards on October 4, 2012

Accident insurance is available in different flavours – traffic accidents, cycling accidents, holiday accidents and so on. These schemes usually cover all of the medical expenses that are incurred while undergoing treatment for the injuries suffered by a victim during the accident. However, there are certain internal injuries that often go unnoticed or are ignored as being too common a problem to file a claim. These injuries, better known as whiplash injuries, are usually caused by the force of impact, when the body is automatically thrown forward or backward during road accidents, affecting the body muscles and tissues in the process.

The impact may be felt in any part of the body; no part of the body is immune to whiplash injuries. It can start off as a simple case of soreness or stiffness that may develop into either a temporary or persistent pain in the future, which usually depends on the nature of the hit and the body area affected. Headaches, body pain or blurred vision also form a part of the whiplash injury. Although these injuries in most cases are not life threatening and do fade with time, they may immobilise the victim completely or partially deter the normal activity pattern. They may require physiotherapy or other forms of treatments that, of course, do not come for free and, therefore, qualify for whiplash compensation, which usually varies depending on the extent of the injury and the affected part of the body.

Covering All Medical Expenses

Based on the very fact that these injuries are considered as mere side effects of roadside accidents and are usually brushed off, it requires meticulous effort to document and present adequate proof to support the pain suffered and expenses incurred due to the accident.

  • Reporting the accident to the concerned authorities and obtaining a copy of the filed report is a perquisite to file a whiplash claim.  In addition to this, written accounts from witnesses to the accident right at the place and time of the incident add value to the case – of course, only if those affected are in shape to request and get the statements.
  • The medical reports prepared by a qualified medical expert on the extent and impact of the injury, prescribed treatments, nature and duration of the treatment required, and possible side effects, play a vital role in proving the damage caused by the accident. The reports will have to be detailed enough to highlight the reasons for the claim. Professional firms that deal with whiplash injury claims also direct those affected to expert physicians, who are not only experienced in treating such injuries but also are well-versed with the nuances of preparing medical documents that stand the claim in good stead.
  • Periodical updates on the medical status in terms of doctor appointments and visits, details on progress of treatment, latest reports, etc. further serve to strengthen the case.
  • While maintaining medical records are quite important to clearing all medical bills associated with whiplash injuries, a list of monthly expenses in terms of rent, mortgages, utility and essential expenses, along with proof for loss of income are also must to claim fair compensation. The victim is not only eligible for a refund of medical expenses incurred during the treatment and recovery, but he or she is also entitled to receiving reasonable compensation to support basic needs, until he or she gets back to regular or routine work.

Although the list of documents and processes here may seem quite simple to maintain and manage, whiplash compensation claims are best handled by personal injury solicitors who are experts in getting adequate compensation that is commensurate with the damage suffered by the victim in each individual case.  Depending on the type of the injury, a few professional claims companies also arrange for treatment and rehabilitation, apart from providing temporary funding to meet expenses while the claim is still under process.




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