Whiplash Claims Scotland
Whiplash is a neck injury caused by a sudden head movement, often in a car accident. If the accident was someone else’s fault, you may be able to claim compensation for your injury. Instant Assist specialises in managing Whiplash accident claims efficiently, ensuring you receive the compensation you deserve.
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What is Whiplash?
Whiplash is a neck injury caused by a sudden and forceful movement of the head, typically in a back-and-forth motion, similar to the cracking of a whip. It commonly occurs in car accidents, particularly rear-end collisions, but can also result from falls, sports injuries, or physical assault.
Symptoms of whiplash often include neck pain, headaches, dizziness, shoulder discomfort, reduced range of motion, and, in some cases, tingling or numbness in the arms. While symptoms may appear immediately, they can also develop hours or even days after the incident.
Most mild cases of whiplash improve within a few weeks with proper care, including pain relief, physical therapy, and rest. However, severe cases can lead to chronic pain and long-term complications.
Call us at 01413453772 from our team to discuss what proof could support whiplash compensation claims.
Common Whiplash and Neck Injury Symptoms
Whiplash and neck injuries can cause a range of symptoms that vary in severity depending on the force of impact and the extent of soft tissue damage. One of the most common symptoms is neck pain and stiffness, which can make it difficult to move the head and may worsen over time. Many sufferers experience headaches, often originating from the base of the skull and radiating toward the forehead.
Shoulder and upper back pain are also frequent, as the muscles in these areas absorb much of the strain. Blurred vision, fatigue, and difficulty concentrating often referred to as “brain fog” are also possible symptoms, especially if the injury affects the nervous system.
In more severe cases, numbness or tingling in the arms and hands may occur, indicating possible nerve damage.
Types Of Road Traffic Accident Claims That We Process
At Instant Assist, we understand how life-changing road accidents can be, and we’re committed to helping those who’ve been injured receive the compensation they deserve.
Types of Road Accident Claims:
At Instant Assist, we’re here to ensure that your claim process is as smooth as possible. Let us help you secure the compensation you’re entitled to. Contact us today for a free consultation and take the first step towards recovery.
Claim on a No Win No Fee Basis
Making a whiplash compensation claim on a no-win, no-fee basis allows you to seek compensation without the financial risk of paying fees upfront. This arrangement, also known as a Conditional Fee Agreement (CFA), ensures that you only pay costs if your claim is successful. If your claim is unsuccessful, you do not have to pay your expert fees, making it a risk-free way to pursue compensation.
With a No Win, No Fee agreement, your expert will assess the strength of your case before proceeding. If they believe you have a valid claim, they will handle all aspects, including gathering evidence, negotiating with insurers, and representing you in court if necessary. This means you do not have to worry about the complexities, allowing you to focus on recovery.
*The solicitor we recommend will charge you a fee of 36% (inclusive of VAT) off your compensation. The solicitor may charge a termination fee if you cancel your agreement with them after the cancellation period, please read their Terms and Conditions for more information*
Road Traffic Accidents and Whiplash
Whiplash injuries can occur in car, taxi, motorcycle, and cycling accidents, affecting drivers, passengers, and even pedestrians in some cases. The severity of the injury depends on factors such as the speed of impact, the use of head restraints, and the position of the body at the time of the crash.
Claiming as a Passenger
If you were injured as a passenger in a road traffic accident, you are entitled to make a compensation claim, regardless of which driver was at fault. Passengers are rarely held responsible for accidents, making it easier to establish liability and secure compensation for injuries such as whiplash, fractures, or head trauma.
To make a successful claim, you need to determine who was at fault. If the driver of the vehicle you were in caused the accident, their insurance policy should cover your injuries. If another driver is responsible, your claim will be made against their insurer. In cases involving uninsured or hit-and-run drivers, compensation may still be available through the Motor Insurers’ Bureau (MIB).
Can You Make a Whiplash Claim if You Weren’t Wearing a Seatbelt?
Yes, you can still make a whiplash claim if you weren’t wearing a seatbelt at the time of the accident. However, not wearing a seatbelt may affect the amount of compensation you receive. This is because UK law follows the principle of contributory negligence, meaning that if your failure to wear a seatbelt contributed to the severity of your injuries, your compensation could be reduced.
To strengthen your claim, it is crucial to provide evidence such as medical reports, accident scene photos, and witness statements. Even if you weren’t wearing a seatbelt, seeking help from a personal injury expert can help you receive the maximum compensation possible under the circumstances.
Claiming Compensation for Whiplash at Work
If you have suffered whiplash while at work, you may be entitled to claim compensation if the injury was caused by unsafe working conditions, negligence, or an accident involving work-related transport. Whiplash can occur in various workplace settings, including vehicle collisions, falls, or sudden impacts that cause the head and neck to jerk violently.
To make a successful claim, you must prove that your employer failed in their duty of care to provide a safe working environment. This could include failing to maintain workplace vehicles, providing adequate training, or ensuring safety measures were in place to prevent accidents. If the injury occurred while driving a company vehicle, your employer’s insurance policy may cover the claim, provided the accident was not your fault.
After the incident, it is essential to report the injury to your employer and ensure it is recorded in the workplace accident book. Seeking immediate medical attention is also crucial, as medical records will serve as key evidence in your claim. Other supporting evidence, such as CCTV footage, witness statements, and photographs of the accident scene, can help strengthen your case.
Compensation for whiplash at work can cover medical expenses, rehabilitation costs, lost earnings, and pain and suffering. Many claims are pursued under a No Win, No Fee arrangement, allowing you to seek justice without financial risk. Consulting a workplace injury expert can help you receive the full amount of compensation you are entitled to.
*The solicitor we recommend will charge you a fee of 36% (inclusive of VAT) off your compensation. The solicitor may charge a termination fee if you cancel your agreement with them after the cancellation period, please read their Terms and Conditions for more information*
Cities & Towns That We Cover
We offer whiplash accident claim services across all main cities and towns in Scotland. No matter where you’re located, our dedicated team is here to help you seek the compensation you deserve. Our service areas include:
Can You Make a Second Claim if Your Injury Gets Worse With Time?
In most cases, once you have settled a personal injury claim, you cannot make a second claim for the same injury, even if your condition worsens over time. This is because compensation settlements are usually final, meaning you accept a lump sum in exchange for closing the case. However, there are certain circumstances where additional compensation may be possible.
If your injury worsens significantly after your claim has been settled, you may only be able to make a second claim if your original settlement was provisional. Provisional settlements are rare but can be agreed upon in cases where the long-term effects of an injury are uncertain. This allows you to return for further compensation if your condition deteriorates beyond what was initially expected.
If your first claim was settled without considering the possibility of future complications, and you later develop a serious condition linked to your original injury, you may be able to explore alternative routes. For example, if new medical evidence proves that the initial settlement underestimated the severity of your injury, you might have grounds to challenge the settlement, though this is difficult.
To ensure you receive the full compensation you deserve, it is crucial to seek help before accepting a settlement. A personal injury expert can help determine whether a provisional settlement is appropriate or if your claim should account for potential long-term complications.
What Can You Do to Help Your Whiplash Claim?
Providing clear evidence of your injury, the accident, and its impact on your life is essential for a successful outcome.
One of the most important steps is to seek medical attention immediately. Even if your symptoms seem mild at first, a doctor’s diagnosis will provide key medical records that serve as evidence for your claim.
Next, gather as much evidence as possible about the accident. If possible, take photographs of the scene, vehicle damage, and your injuries. Collect witness statements and note down key details, such as the time, location, and weather conditions.
Record details of your pain levels, medical treatments, and how the injury affects your daily life, such as difficulty working or carrying out normal activities. This can provide further proof of the impact of your injury.
How Much Compensation Will I Receive for Whiplash In Scotland?
The amount of compensation you can receive for a whiplash injury depends on several factors, including the severity of the injury, recovery time, financial losses, and overall impact on your daily life. Compensation is typically divided into two categories: general damages for pain and suffering and special damages for financial losses.
For minor whiplash injuries where recovery occurs within a few months, compensation can range from £240 to £4,215, based on the UK’s Whiplash Injury Regulations. More moderate cases, where symptoms persist for up to two years, may result in compensation between £4,500 and £9,000. Severe cases involving long-term pain, permanent damage, or significant impact on quality of life can attract settlements exceeding £10,000.
If you need more guidance about road whiplash claim compensation, talk to our assistance team at 0141 3453772.
Why Choose Instant Assist for Whiplash Claims?
Whiplash injuries can cause long-term pain and discomfort, and securing the compensation you deserve can be challenging. At Instant Assist, we specialize in whiplash claims, providing expert support to help you navigate the process.
Our experienced team understands the complexities of whiplash injuries and works diligently that you get the compensation for medical treatment, lost wages, and pain and suffering. From gathering medical evidence to negotiating with insurers, we take care of all the details, allowing you to focus on your recovery. Choose Instant Assist for professional, reliable support in securing the compensation you deserve for your whiplash claim.
Frequently Asked Questions
Whiplash is a common injury that happens when the impact of an accident causes your head to suddenly move backwards and forward, straining the neck and damaging sensitive tendons.
Our Instant Assist experts will be available to assist you with your whiplash case throughout the procedure. We will help you receive the maximum amount of compensation for your injuries. We will keep you updated as your claim progresses.
If you were injured as a passenger in a car or vehicle in a whiplash accident, you can also file a compensation claim. Depending on who was at fault, you may be able to file a claim against the driver of the automobile you were in or the driver of another vehicle that hit it.
All personal injury claims require a medical examination, but don't be concerned; we advise you to schedule an appointment with an independent medical expert, who will create a report based on their findings, which will aid in your case and serve as evidence.
Our team will keep you updated and discuss everything with you at every stage of the process.
A whiplash claim will rarely have to go to court, as the vast majority of claims are settled out of court. Even if your claim goes to court, you may not be required to attend.
Feel free to ask at 0141 3453772 for any assistance regarding road traffic accident claim compensation. Our team is always ready to advise you according to your specific circumstances.
If you were injured in a Whiplash accident that was not your fault, our team might be able to assist you in filing a compensation claim on a “No Win, and No Fee” basis.
To claim compensation, fill out the Claim Form or contact us to get started.
*The solicitor we recommend will charge you a fee of 36% (inclusive of VAT) off your compensation. The solicitor may charge a termination fee if you cancel your agreement with them after the cancellation period, please read their Terms and Conditions for more information*
According to the Statutory review of the Whiplash Tariff, the average payout for whiplash claims in the UK ranges from £240 and £3,000 for milder injuries with headaches and discomfort lasting a few days to a few weeks. Longer-term injuries typically result in higher settlements, depending on the severity of the case.
The most effective method of action is to file your whiplash claim as soon as possible after the accident occurred. So, our team can assist you as soon as possible.
However, if you have delayed a while to make your claim, you should be aware of the following time limits: You may file a whiplash injury claim within three years of the damage occurring. However, if you were under the age of 18 when you were injured and have yet to make a claim, you have until your 21st birthday.
