Whiplash - A Matter Of Fact Or Fiction?

WHIPLASH A matter of fact or fiction Whiplash is often painted as an epidemic – a windfall for anyone who gets injured in a car accident, no matter what the speed or level of impact. The reality is very different. It's easy for the press to take a subject and sensationalise it, but statistically the facts point to a completely different reality GOVERNMENT ACTIONS TO CUT WHIPLASH CLAIMS Plans to reduce the number of whiplash claims in England and Wales were outlined last year, after the injury was blamed for rising car insurance rates and creating a 'compensation culture' The proposal will see independent medical panels having to assess the validity of each whiplash claim and make it easier for insurers to challenge. The threshold for all road traffic accident claims heard in the small claims court will be raised from £1,000 to £5,000, so they can handle all but the most serious cases THE LEGAL RESPONSE It could put whiplash victims off making a genuine claim. People making claims in the small claims court do not receive financial aid to pay for legal representation. Victims will either have to represent themselves or pay a lawyer to represent them, win or lose. The Government are using whiplash as a front for further restrictions in the provision of legal advice in road traffic accident claims. Although insurers have claimed they will reduce premiums as a result of the new legislation, no concrete promises have been made. almost 40% 30% of whiplash victims havenot daimed compensation after suffering a whiplashinjury of claims areencouraged by insurer 70% lin100 90% of peoplewould not want to pursueawhiplash daim without an independent Only around oneperson ina hundred suffered awhiplash of sufferers are diagnosed by amedical professional solicitor injury in the past year inthe UK Arecent survey conducted by the Association of Personal Injury Lawyers suggests that the involvement of a lawyer in a road traffic accident case raises the average value of an offer to an injured victim from an insurer by nearly £13,000 571,111 547,405 daims made in dlaims madein 2010/11 2011/12 & SYMPTOMS Depending on the severity of the injury, signs and symptoms may range from: A severe whiplash injury can lead to long term problems that require hospital treatment. The spine or spinal cord is sometimes damaged, but this is not very common. Whiplash symptoms can also maskmore severe injuries that can be caused by impact accidents, such as chronic pain syndrome and fibromyalgia. 80% You should go back to see your doctor if: of sufferers either report their symptoms accurately, or underplay their symptoms • The pain becomes worse • The pain lasts more than 4 to 6 weeks • You get any numbness, weakness, or pins and needles in your arm or hand 1/3 of sufferers recovered within a month Duration of whiplash symptoms 3/4 Time it took for whiplash victims to recover: Over A Year of sufferers were symptom-free within Nearly A Year six months 6 Months A Couple of Months 1in5 A Couple of Weeks people have symptoms for more thana year A Couple of Days HOW CAN COMPENSATION HELP? The reason we receive financial damages after making a daim is to compensate for any financial losses and payments as a result of the accident. This can include: RENT TRANSPORT A LOSS OF FINANCIAL INCOME BILLS ADDITIONAL CARE Compensation is also provided to help victims payfor treatment and therapy to help with the recovery process and can be used for PHYSIOTHERAPY REHABILITATION MEDICINE OSTEOTHERAPY Sources http://www.webmd.boots.com/a-to-z-guides/tc/whiplash-what-are-symptoms http://www.emedicinehealth.com/whiplash/page3_em.htm http://files.apil.org.uk/campaigns/the-whiplash-report-2012.pdf http://www.nhs.uk/conditions/whiplash/Pages/Introduction.aspx http://www.watermans.ws/blog/40-of-whiplash-victims-do-not-claim-compensation http://fullfact.org/factchecks/UK_highest_insurance_claims_whiplash_europe-3313 http://www.lawgazette.co.uk/news/radical-pi-reforms-spell-disaster http://www.lawgazette.co.uk/news/labour-takes-aim-whiplash-reform-plan http://www.thisismoney.co.uk/money/cars/article-2168635/Whiplash-Britain-Personal-injury-claims-rise-18-year.html jmw www.jmw.co.uk In your corner WHIPLASH A matter of fact or fiction Whiplash is often painted as an epidemic – a windfall for anyone who gets injured in a car accident, no matter what the speed or level of impact. The reality is very different. It's easy for the press to take a subject and sensationalise it, but statistically the facts point to a completely different reality GOVERNMENT ACTIONS TO CUT WHIPLASH CLAIMS Plans to reduce the number of whiplash claims in England and Wales were outlined last year, after the injury was blamed for rising car insurance rates and creating a 'compensation culture' The proposal will see independent medical panels having to assess the validity of each whiplash claim and make it easier for insurers to challenge. The threshold for all road traffic accident claims heard in the small claims court will be raised from £1,000 to £5,000, so they can handle all but the most serious cases THE LEGAL RESPONSE It could put whiplash victims off making a genuine claim. People making claims in the small claims court do not receive financial aid to pay for legal representation. Victims will either have to represent themselves or pay a lawyer to represent them, win or lose. The Government are using whiplash as a front for further restrictions in the provision of legal advice in road traffic accident claims. Although insurers have claimed they will reduce premiums as a result of the new legislation, no concrete promises have been made. almost 40% 30% of whiplash victims havenot daimed compensation after suffering a whiplashinjury of claims areencouraged by insurer 70% lin100 90% of peoplewould not want to pursueawhiplash daim without an independent Only around oneperson ina hundred suffered awhiplash of sufferers are diagnosed by amedical professional solicitor injury in the past year inthe UK Arecent survey conducted by the Association of Personal Injury Lawyers suggests that the involvement of a lawyer in a road traffic accident case raises the average value of an offer to an injured victim from an insurer by nearly £13,000 571,111 547,405 daims made in dlaims madein 2010/11 2011/12 & SYMPTOMS Depending on the severity of the injury, signs and symptoms may range from: A severe whiplash injury can lead to long term problems that require hospital treatment. The spine or spinal cord is sometimes damaged, but this is not very common. Whiplash symptoms can also maskmore severe injuries that can be caused by impact accidents, such as chronic pain syndrome and fibromyalgia. 80% You should go back to see your doctor if: of sufferers either report their symptoms accurately, or underplay their symptoms • The pain becomes worse • The pain lasts more than 4 to 6 weeks • You get any numbness, weakness, or pins and needles in your arm or hand 1/3 of sufferers recovered within a month Duration of whiplash symptoms 3/4 Time it took for whiplash victims to recover: Over A Year of sufferers were symptom-free within Nearly A Year six months 6 Months A Couple of Months 1in5 A Couple of Weeks people have symptoms for more thana year A Couple of Days HOW CAN COMPENSATION HELP? The reason we receive financial damages after making a daim is to compensate for any financial losses and payments as a result of the accident. This can include: RENT TRANSPORT A LOSS OF FINANCIAL INCOME BILLS ADDITIONAL CARE Compensation is also provided to help victims payfor treatment and therapy to help with the recovery process and can be used for PHYSIOTHERAPY REHABILITATION MEDICINE OSTEOTHERAPY Sources http://www.webmd.boots.com/a-to-z-guides/tc/whiplash-what-are-symptoms http://www.emedicinehealth.com/whiplash/page3_em.htm http://files.apil.org.uk/campaigns/the-whiplash-report-2012.pdf http://www.nhs.uk/conditions/whiplash/Pages/Introduction.aspx http://www.watermans.ws/blog/40-of-whiplash-victims-do-not-claim-compensation http://fullfact.org/factchecks/UK_highest_insurance_claims_whiplash_europe-3313 http://www.lawgazette.co.uk/news/radical-pi-reforms-spell-disaster http://www.lawgazette.co.uk/news/labour-takes-aim-whiplash-reform-plan http://www.thisismoney.co.uk/money/cars/article-2168635/Whiplash-Britain-Personal-injury-claims-rise-18-year.html jmw www.jmw.co.uk In your corner