Successful whiplash injury compensation claims would have been possible many years ago if personal injury claims had been around then. Certainly whiplash has been around forever as it is an injury that can be easily sustained just by a jolt to the head. That could be caused by something hitting you, banging your head as you fall or by being strapped into a car or maybe a fairground ride that suddenly stops and causes the jolt.
Successful whiplash injury compensation claims for a sprain in the neck
If your ligaments and tendons were torn or stretched anywhere else in your body it would be called a sprain, and this is what whiplash basically is, it just happens to be in your neck and caused by a whipping like movement.
Although most people associate it with a rear end shunt between two cars, it was always around before cars were invented. Before motorised vehicles victims probably sustained it by falling off their horses and out of their carts, and the advent of the railways earned it the name railway spine, as that became the most common way to get this injury.
There have always been innocent victims of the injury, people who sustained it in an accident that was not their fault. What there has not always been is the ability to claim compensation from whoever was at fault.
The UK law on compensation claims
The law in the UK says that if you are injured in an accident that was not your fault, sometime in the previous three years, and your injuries were severe enough to need medical attention, whoever caused the accident, should compensate you.
For many years it was a law that was not implemented very often, because most victims could not afford the legal costs involved. Then at about the same time as the NHS was introduced, so was legal aid. Originally, this could be used for any type of lawsuit, including personal injury claims.
It did mean that as it was means tested, the poorest victims could now claim their compensation, along with the richest of us who could afford to pay lawyers to fight their case.
How successful whiplash injury compensation claims became accessible to everyone
In 1998, the use of legal aid was withdrawn for personal injury claims, but the 1999 Finance Act allowed the extension of conditional fee arrangements to this area of the law. It became effective in April 2000, and suddenly anyone could make a personal injury claim.
This is because under this agreement, which is better known as ‘no win, no fee*’, no money is need to start the claim, nor if the claim is lost.
Accident Advice Helpline was one of the first law firms to use this system, and even today it is how all the claims we handle are financed.
As one of the largest law firms in the industry, we are able to offer a service that is second to none, and can help you secure the compensation you deserve if you have been injured in an accident that was not your fault.
Call Accident Advice Helpline free on 0800 689 0500 or 0333 500 0993 from a mobile phone for free, no obligation advice about making a claim for compensation.
Category: Whiplash claims