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How do I File a Whiplash Compensation Claim?

Article Details
  • Written By: M. Lupica
  • Edited By: John Allen
  • Last Modified Date: 18 June 2019
  • Copyright Protected:
    2003-2019
    Conjecture Corporation
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Whiplash is a common injury usually resulting from accidents. Typically, it is caused by injuries to the ligaments, tissues, and muscles in your neck. In the event you are suffering whiplash as the result of an accident that was not your fault, then you may be able to file a whiplash compensation claim. The most important thing is to keep track of all the details involved in your accident. Additionally, document any costs and evidence that will show that you were not at fault, as well as the resulting damage. By having this on hand to present to the appropriate party, you are much more likely to be able to succeed in your whiplash compensation claim.

The first step in the preparation for the filing of your whiplash compensation claim occurs immediately after the accident. If possible, you want to assess the cause of the accident and make sure that you gather evidence to identify the responsible parties. Taking the common example of an automobile accident, you want to exchange insurance information with the other parties to the crash and write down their license plate numbers. Generally, witnesses to the accident will have stopped to make sure that any injured persons are cared for. Collecting their information is another important step in building your case, as witnesses that confirm the truth of your story can make or break your case.

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The next step in the process of establishing a whiplash compensation claim is to schedule an appointment with a doctor in order to assess the damage resulting from the accident. It is important to keep in mind the fact that whiplash symptoms often do not appear until a day later, so even if you do not feel like you suffered any real damage to your neck, it is still imperative that you immediately make a doctor’s appointment. It will establish a record of the damage with a doctor’s opinion behind your assertions. Further, it is important to schedule the appointment as soon as possible as any delay will give rise to the question as to if the whiplash was caused by something other than the accident.

After receiving documentation, you may file your whiplash compensation claim, preferably with the help of an attorney. In addition to the medical bills incurred as a result of the whiplash, you may also claim other costs such as loss of income from work missed and pain and suffering. There are several factors that determine the amount awarded such as the severity of the injury and the length of time that the pain will last.

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