Whiplash neck injury compensation claims are made by faultless victims of accidents that have happened within the last three years. The three year rule applies to most types of personal injury claims, not just whiplash neck injury compensation claims, and as with all rules there are some exceptions.
- If you were under 18 at the time of the accident, a parent or guardian should have made a claim on your behalf. If they did not, you have until your 21st birthday to submit a claim.
- If the accident was on board a ship or plane, the time limit is reduced to 2 years.
- If you have an industrial illness or condition, as they can take many years to show themselves, you have 3 years from the date of diagnosis.
- If your claim is for a criminal injury, the time limit is 2 years.
- If your claim is for a criminal injury that happened when you were under 18, you have until your 20th birthday to submit the claim.
A court can allow extra time if it feel there were exceptional circumstances why the claim was not made within the time limits, but this is very rare and usually only happens when a mental injury is involved.
The responsible party in whiplash neck injury compensation claims
The main point of whiplash neck injury compensation claims, or any other types of personal injury claim, is that you must be the faultless victim of an accident or crime. Whenever an accident happens it is the fault of someone, even if it is the person who is injured. But in many cases accidents are caused through the recklessness or negligence of someone else and in the case of whip lash compensation claims it could be:
- The driver of another car who causes a rear end shunt with your car
- The council who should have repaired the pothole that throws you off your cycle
- Whoever is responsible for maintaining a building that did not replace the handrail on the stairs causing you to fall down them
- The employer who did not have the obstruction cleared from the walkways, causing you to trip over them
- The shop that didn’t clear the spillage on the floor causing you to slip over
These are just a few of the many ways you could sustain a whiplash injury because of someone else’s fault.
Claiming your entitlement
We all know that the third point of criteria would be met if you have a whiplash injury, as there is no doubt you would visit your doctor because the pain is so severe. The only other thing we need to look at is claiming your compensation.
The most stress free way of doing this is to contact Accident Advice Helpline and let us do it for you. We will examine every area of the accident and your injuries to ensure that you are awarded the best possible amount for your circumstances, in a quick, simple and efficient manner. The experience we have amassed over the last 14 years can only be of benefit to our claimants and helps to give their claims the best chance of success. Call us free on 0800 689 0500 or 0333 500 0993 from a mobile phone for free, no obligation advice about making a claim.
Date Published: 22nd April 2014
Author: Louise Thacker