A delayed whiplash injury is when symptoms are not immediately present after the incident has occurred, you may not feel any pain at the time of the accident as the symptoms can take several days to develop.
Whiplash is a common injury which is most associated with road traffic accidents. Whiplash is caused by a sudden force being subjected to the body as a result of an impact resulting in a soft tissue injury.
Following an accident you may be in shock which causes a release of adrenaline which can mask the feeling of any injuries so you may not feel any pain or discomfort. When the shock subsides then the pain can increase.
Whiplash pain is very similar to delayed muscle soreness which can happen after exercise. Muscle pain happens when the muscle is trying to repair itself which is why the pain can be delayed.
In addition to the mental trauma and emotional disorientation, sometimes vehicle accidents cause physical damage that’s hard to notice amidst immediate distractions. Even serious physical issues might not present any signs for several days.
Whiplash pain mainly affects the neck, shoulder and back and depends on the force of impact when you have an accident.
When your whiplash is delayed and you have not sought medical treatment immediately following an accident you can still make a claim.
Medical professionals understand the symptoms may not develop immediately and can take several days and in some cases weeks to appear.
Some of the most common delayed whiplash injuries are much the same as a whiplash injury that is obvious immediately after a accident, however if symptoms persist they might be a lot more serious and you should seek medical attention.
Once you speak with one of our personal injury solicitors and start your whiplash claim, we will notify the fault party’s insurers.
On notification the insurers have 15 days to either admit or deny fault for the accident. This strict timescale makes for a quick and simple process for the initial claim.
After you have reported the accident to your motor insurers and given them as much detail as you can. They will advise you on what to do next and may appoint a solicitor to act on your behalf. Remember though you are not obliged to use their solicitor. You can appoint your own independent solicitor when deciding to make a whiplash claim. It’s good to feel confident with your solicitor especially where pain is concerned as this can lead to stress and anxiety.
If an insurer attempts to force or limit you to only using their solicitor, please do not hesitate to speak to one of solicitors for free consultation to see how we can help you. Insurers are not allowed to use these tactics.
Delayed whiplash injury claims are calculated on the severity of the injury and any changes it has resulted in on your life. The aim is to ensure the correct amount of compensation is awarded.
Many people underestimate the pain and time it takes to heal when they have a delayed whiplash injury, that is until they are living with the pain and any immobility it can cause.
If your delayed whiplash injury has an affect on your life style and prevents you from engaging in certain activities, like lifting items or exercising, then you may be able to make a delayed whiplash injury claim.
The amount of compensation depends on the severity of your delayed whiplash injury, the pain you are in and the effect it has had on your life. Minor cases can be between a few hundred and a few thousand pounds. However, more serious claims will result in a much higher compensation amount.
The following will be taken into consideration when calculating a delayed whiplash injury claim for compensation:
General Damages: These are calculated on the severity of your claim and will take into account the effect the injury has and may have on your life. This can be both the physical and psychological effect.
Special Damages: These are more detailed and are calculated on your out of pocket expenses, such as:
There could be other costs involved so keep a record off everything even if you are not sure it will be relevant to your claim and keep your receipts.
Before making a personal injury claim for delayed whiplash injury claim, you should have details of the fault party, date and time of accident as well as the location and images to help speed the process up.
If you wish to proceed with making a claim then we can offer a no win no fee service so you won’t be faced with any costs upfront. Our team will arrange for any private medical treatment to aid a speedy recovery and work to negotiating a settlement figure that you deserve.