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A Guide to Whiplash

What is whiplash?

Whiplash is an injury to the soft tissues of the neck caused by the neck bending forcibly forward and then backward, or vice versa. The injury usually involves the muscles, ligaments, facet joints and nerves in the neck and in severe cases the discs can be damaged and the bones bruised or broken.

What causes whiplash?

Most whiplash injuries are the result of a collision involving sudden acceleration or deceleration. Many whiplash injuries occur when a person is involved in a rear end or head on motor vehicle collision, or as a result of a sports injury, particularly during contact sport. In a rear end collision, the neck is whipped backwards then forwards and, conversely, in a head on collision, the neck is whipped forwards and then backwards.

What are the symptoms of whiplash?

Symptoms usually develop shortly after the incident but may have a delayed onset of a few hours or up to a couple of days. The number and severity of symptoms vary between individuals as do recovery periods. Typical symptoms include :-

• neck pain
• neck stiffness
• shoulder pain
• low back pain
• dizziness
• pain in the arm and/or hand
• numbness in the arm and/or hand
• ringing in ears (tinnitus)
• blurred vision
• concentration or memory problems
• irritability
• sleeplessness
• tiredness
• difficulty swallowing (dysphagia)
• jaw pain on chewing

How is whiplash diagnosed?

A medical history will be taken and physical examination performed and additional diagnostic procedures may include :-

• x-ray
• computed tomography scan -(CT scan) - a diagnostic imaging procedure that uses a combination of x-rays and computer technology to produce cross sectional images of the body including the bones, muscles, fat and organs.
• magnetic resonance imaging (MRI scan) - a diagnostic procedure that uses a combination of large magnets, radiofrequencies, and a computer to produce detailed image of organs and structures within the body
• nerve conduction studies - to assess for nerve damage if a disc or bone outgrowth is pressing on a nerve root and causing arm pain, pins and needles, numbness or weakness.
Treatment for whiplash
Specific treatment for whiplash will be determined by the treating doctor and the extent of the injury suffered. This may be based upon :-
• age, overall health and medical history of the person injured
• extent of the injury
• tolerance to medications, procedures or therapies
• expectations for the course of the injury
• preferences of the injured party
Common treatment may include:-
• ice application for the first twenty four hours
• medication - anti-inflammatory tablets, gels and muscle relaxants
• heat
• neck mobilisation
• facet joint injections
• surgery - in extreme cases

The use of a cervical collar has recently been called into question as a mode of treatment.

Those individuals who continue to maintain a healthy active routine after a whiplash injury and a specific exercise regime to improve movement and flexibility have been shown to have a better recovery.

Pursuing a claim

If you are injured in a road traffic accident which is not your fault you are likely to be entitled to compensation for the injuries suffered, the pain and suffering and any financial expense that you incur (such as lost wages) as a result of the accident.

As specialists in personal injury claims Hodge Halsall are able to provide whiplash victims with experienced, professional and personalized representation in the pursuit of a claim. We will discuss with you in detail the facts of your claim either by telephone or at a meeting at our offices or in your home. We endeavour to ensure that you receive full and fair compensation for the injuries that you suffer and the losses that you incur.

To assist us with early processing of your claim we will need you to provide us with the following details :-
• the circumstances of the accident including the date on which it occurred, the location and how it happened.
• your personal details including name, address, date of birth and contact information.
• the name and address of the party considered responsible for the accident.
• details of the injury that you have suffered and the medical treatment received.
• details of other financial losses that you may have had.

We will provide you with information about funding your claim and explain to you the procedure that operates to ensure that you are adequately compensated.

If you consider that you may have a claim arising out of an accident in which you have been involved and suffered injury please telephone one of our offices and you will be directed to one of our specialist personal injury solicitors. Alternatively, please complete our on line enquiry form.

Recovery from whiplash injuries

The majority of people recover fairly quickly from whiplash injuries. Approximately one third of those injured following whiplash take no time off work at all and a further third are absent for no more than six weeks. Approximately three quarters of those in employment before suffering the injury return to work within six months and about 90% return within a year. Those injured severely enough to be absent from work for a year rarely return to work afterwards.

Medical literature shows that by six months post accident most of those injured have recovered save for nuisance level discomfort. Of those still suffering after six months there are prospects of recovery for up to two years. Improvement from symptoms that still persist two years post accident is unlikely.

Factors that show a poor outcome after whiplash income

1. Initial trauma
The more severe the initial trauma the more prolonged the neck symptoms.
2. Development of symptoms
The sooner the symptoms develop after the accident, and the greater the severity, the worse the prognosis.
3. Previous whiplash injury
Neck symptoms may be more severe after a second impact particularly if the patient has not fully recovered from the first whiplash injury.
4. Pre-existing wear and tear of the neck
A higher risk of longer term symptoms occurs in those individuals with pre-existing cervical arthritis.
5. Length of time off work
Absence from work is directly related to long term recovery. Those absent from work for more than six weeks show more prolonged symptoms.
6. Age
The older the individual at the time of the accident the worse the prognosis.
7. Repeat physiotherapy
Those individuals requiring a second course of physiotherapy after completion of an earlier course are more likely to have prolonged symptoms.

How is a whiplash claim valued?

Courts (and therefore lawyers and insurers) value whiplash claims using guidelines provided by the Judicial Studies Board and which, in effect, break down injuries into minor, moderate or severe categories and place them into financial brackets as shown below (for neck injuries):

Minor injuries

This covers injuries where symptoms are relatively minor and
1. where a full recovery takes place within a year - £750.00 to £2,500.00.
2. where recovery takes place within about two years - £2,500.00 to £4,250.00

Moderate injuries

1. This covers injuries where there has been a complete recovery or recovery to "nuisance" level within a few years of the accident. Such injuries may have exacerbated or accelerated a pre-existing unrelated condition. This bracket also covers whiplash injury where the period of recovery has been more protracted and where there is an ongoing risk of vulnerability to further trauma £4,250 to £7,750.00.
2. More severe whiplash injuries perhaps involving cervical spondylosis, serious limitation of movement, permanent or recurring pain, stiffness or discomfort and a potential need for further surgery or increased vulnerability to further trauma - £7,500.00 to £13,750.00.

Severe injuries

1. Fracture or dislocation injuries causing severe immediate symptoms and which may require spinal fusion leaving impaired function or vulnerability to further trauma and some limitation of activity - £13,500.00 to £18,000.00.
2. Injuries causing severe damage to soft tissues and/or ruptured tendons resulting in significant disability of a permanent nature - approximately £30,000.00.
3. Injuries giving rise to severe disability, for example, permanent damage to the brachial plexus - £36,000.00 to £71,500.00.
4. Severe neck injury with incomplete paraplegia or resulting in permanent spastic quadriparesis or where the injured person has little or no movement in the neck and suffers severe headaches which have proved intractable - approximately £82,000.00 at this level there has to be a significant disruption to daily life.
Similar brackets exist in relation to other injuries which may be suffered in road accidents e.g. back and shoulder injury.

How can Hodge Halsall help me?

As specialists in personal injury litigation you can rest assured that we have the expertise to handle your claim. Our legal team includes members of APIL (Association of Personal Injury Lawyers) and the Law Society's Personal Injury Panel.

We have specialist expertise in pursuing claims for victims of road traffic accidents and aim to maximise the compensation paid to you where the accident is somebody else's fault. We have recovered millions of pounds in damages for thousands of clients over many years during which we have provided sympathetic, specialist advice to accident victims.

We will :-

• offer you a free initial interview/advice at home, at hospital, by telephone or at any of our offices
• offer (in most cases) a no win/no fee arrangement
• provide you with a personal and specialized service to maximise your compensation payment

Please contact us for further information