Whiplash injury claims
Whiplash injuries from road traffic accidents are often regarded as minor but in reality they can have truly painful and significant long term consequences.
Insurance companies often view whiplash as a questionable injury that people use to exaggerate or fake personal injury claims. However we know being in a crash can cause serious damage to the neck and shoulder muscles – the pain is real and the impact can be long-lasting.
How to make a whiplash claim
Securing compensation for a whiplash injury is no different from claiming for any other injury. Your personal injury solicitor will investigate the circumstances of the collision and work with leading experts to calculate your financial losses.
One key part of the process is obtaining medical evidence. Your solicitor will help you get the necessary medical reports that show how serious the injury is. The more detailed the evidence the stronger your case will be.
Can I make a claim if I was a passenger?
It doesn’t matter where you were sat in the car - as the driver or the passenger - if you suffered whiplash as a result of the accident then you may have the right to make a claim. Passengers can experience the same painful and debilitating symptoms after a crash and may be entitled to claim against the at-fault driver whether it is the driver of the other vehicle or even the driver of the car they were travelling in.
Can you still claim for whiplash even if the accident happened some time ago?
Yes but only within the legal time limits.
To make a whiplash claim in Scotland you have 3 years from the date of the crash which caused the injury. If a child under 16 was involved you can take action at any point until they turn 19 regardless of what year they were injured.
However we recommend pursuing the matter as soon as possible so crucial information like witness testimonies are more accurate.
How can Digby Brown help?
Digby Brown has its own funding company “Compensate” where we take on whiplash claims on a ‘no win no fee’ basis.
This means we will pay for everything upfront so you aren’t out of pocket. When your case is successful we can recover these legal costs from the insurance company on the other side.
We strongly believe in doing everything possible to help people get back to a pre-accident position. Even if your accident occurred outside Scotland we have a specialist team that deals with accidents abroad to ensure you always have access to the best possible legal support.
Contact us for free initial legal advice.
For a confidential chat with one of our helpful legal advisors call us or fill in a short enquiry form and we will be in touch.
No win, no fee personal injury solicitors
The expression “No win, no fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win, no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Don’t take our word for it, just read many of the court decisions and case studies on our website.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.
For further information about no win, no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
This evidence typically takes the form of reports obtained from medical or employment experts who can analyse your injuries and the impact they may have on your future.
The final amount you receive is made of several smaller payments known as “heads of claim” which include:
- Your injury (‘solatium’) – the pain and suffering caused by your injury.
- Lost earnings – any loss of earnings or pension
- Loss of society – any loss of a loved one during the accident
- Services – the cost to cover help from close relatives or friends
- Medical treatment – the cost of any further medical treatment needed in the future
- Rehabilitation and care needs – money to cover ongoing or life-changing support such as home adaptions or a dedicated rehabilitation coordinator worker.
- Damaged belongings – loss of goods such as damaged clothing or mobile phones.
Solicitors often rely on information like police accident reports to help build your case but if the police were not involved your solicitor may rely more on any evidence you gathered yourself at the time.
This may include:
- The make, model and colour of the other vehicle
- The registration number of the other vehicle
- The name and address of the other driver
- Photos or videos from the scene that show the damage
If you can try and sketch how the incident happened on a piece of paper while it’s fresh in your memory. These details can help any future claim so try and gather what information you can immediately after the collision.
How can you prove whiplash?
Whiplash is typically diagnosed based on a person's symptoms, medical history, and physical examination. They will check for signs of injury such as tenderness or pain in the neck and shoulders, limited range of motion, and muscle spasms and may also check for neurological symptoms such as numbness or tingling in the arms or hands. Imaging tests such as X-rays, CT scans, or MRIs may be ordered to rule out other more serious injuries or to confirm the diagnosis.
What if the other driver refuses to provide details?
Occasionally the other driver may refuse to give their details. Section 170 of the Road Traffic Act 1988 confirms it is illegal for a person to not give you their details in the event of a crash. In the event a driver refuses to exchange information you should report their vehicle to the police and obtain a police reference number. This may then prove to be another valuable piece of evidence.
Even if the other driver has no insurance it is still possible for us to act on your behalf. Please get in touch with us for more advice on your situation.
Is it safe to drive with whiplash?
Driving with whiplash is not recommended if you experience any symptoms such as pain, stiffness or dizziness. Quite often whiplash injuries limit your ability to check mirrors and turn your head affecting how quickly you can react. This can mean it may be unsafe to drive until you recover.
Can you still work if you have whiplash?
It depends on the severity of your symptoms and the job which you have. If your work is very physically demanding then you will most likely need time off to recover.
If your injury has caused you to be off work for a significant time then it is likely a good portion of your settlement will be based on the wages or pension contributions you lost during this time.
What are the different grades of whiplash?
Medical professionals often classify whiplash injuries into three grades based on the severity of the symptoms and the amount of tissue damage.
These grades are as follows:
Grade I or Mild whiplash injury – Symptoms may include mild neck pain and stiffness, headaches, and tenderness in the neck and shoulders. There is minor tissue damage and complete recovery is expected.
Grade II or Moderate whiplash – Symptoms may include moderate neck pain and stiffness, headaches, and muscle spasms. There is likely to be some tissue damage and recovery may end up taking anywhere from a few weeks to a couple of months.
Grade III or Severe whiplash injury – Several symptoms may be present including those described in mild and moderate injury. Neurological symptoms such as numbness or tingling in the arms or hands may also be present. There is likely to be significant tissue damage and recovery may take several months or even longer.
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