What is whiplash?
Whiplash injuries are often regarded as minor but the reality is it can have truly painful and significant restrictive consequences.
Whiplash has long been seen by the insurance industry as some sort of dubious injury which vehicle drivers and passengers say they have in order to falsify or bolster their personal injury claim. We know that there has been illegal behaviour especially in England where criminals have specifically set out to create a car crash to make false personal injury claims under the guise of a whiplash injury.
At Digby Brown we know that for someone who has genuinely been in a crash the forces at play can have a seriously damaging effect on the neck and shoulder muscles. Anyone who suffers with back or neck pain will know exactly how debilitating this can be.
This sudden jerking of your head – either forwards, backwards or sideways – can stretch or even tear the muscles and tendons. This is what causes the severe and ongoing pain. Sometimes the pain can be so severe you even feel it in your legs or down your arms.
Symptoms of whiplash can include:
- neck pain
- tenderness of muscles
- unable to turn or reduced and painful movement
You may not even feel the pain until several hours after the collision – maybe not even until the next day. But if you do feel pain it is important to speak to a GP or healthcare professional as they will be able to advise you on suitable remedies and gentle exercises to help your physical recovery.
Am I entitled to whiplash compensation?
Whatever the cause of your injury there’s a good chance it was caused by someone else and the law makes clear that if that happens then you are entitled to make a whiplash compensation claim.
The Scottish Government confirms compensation is “paid to help ease any physical or mental trauma you suffered because of the road crash” – and this includes whiplash.
At Digby Brown we see first-hand the serious consequences of whiplash. In lots of cases people can be left unable to work for a significant period of time. We know that whiplash can be more than a minor nuisance for many of our clients.
How to claim for whiplash
The process for securing compensation for a whiplash injury claim is essentially no different to claiming compensation for any other injury.
Your solicitor will investigate the circumstances of the collision, gather medical evidence and then work with leading experts to calculate your financial losses. If your injury has caused you to be off work for a prolonged period of 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.
Solicitors often rely on information like police accident reports to help argue your case but if the police were not involved then 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 down 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. This approach is especially useful in the low speed collisions like being rear-ended at a roundabout or being struck while driving in a car park which typically do not result in police involvement.
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 it turns out the other driver is has no insurance then it is not an issue. Our page on Uninsured driver claims will help you understand what we do in those situations to ensure you still receive the level of fair compensation that you are legally entitled to.
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.
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
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.
How Digby Brown helps in whiplash accident injury claims
We take on whiplash claims on a ‘no win, no fee’ basis through our "Compensate" funding product. Digby Brown has it own funding company “Compensate” which will pay for everything upfront so you aren’t out of pocket or able to take your case forward.
Why? Because when your case is successful we can recover these costs from the insurance company of the other side.
As a firm we strongly believe in doing everything possible to help people get back to a pre-accident position and it is something we have helped thousands of people for decades. Even if your accident happened elsewhere than 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, friendly and helpful initial legal advice
For a confidential chat with one of our legal advisors, call us on the number below or fill in a short enquiry form and we will be in touch.
0333 200 5926
Monday to Friday: 8am - 7pm
Saturday and Sunday: 12pm - 4pm
(Please note, local rate, even from mobile)
Email enquiry form
Complete our enquiry form and we will strive to reply within 24 hours
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