Whiplash injury claims are among the most common types of personal injury claim. Whiplash is often the result of a rear-end road traffic accident where the head moves forward and backwards suddenly, causing damage to the muscles and ligaments in the neck. Whiplash is usually not serious and recovery is usually fairly swift, but it can still be painful and debilitating, with recovery occasionally taking longer.

If you have suffered whiplash, whether as a passenger or driver of a car, or as a result of an accident of another type, we can help. We specialise in helping our clients claim compensation for injuries of all types – including whiplash.

Symptoms of Whiplash

Whiplash symptoms normally arise within a few days of the accident and can include:

• Neck pain and stiffness
• Pain that gets worse with neck movement
• Loss of range of motion in the neck
• Headaches, most often starting at the base of the skull
• Tenderness or pain in the shoulder, upper back or arms
• Tingling or numbness in the arms
• Tiredness
• Dizziness
• Blurred vision
• Tinnitus
• Trouble sleeping
• Irritability
• Trouble focusing
• Memory problems
• Depression

Should I make a whiplash claim

The answer is yes, you should – you have suffered injury as a result of another person’s negligence so the law says you should be compensated for your loss and suffering. Some people may feel reluctant because of the ‘hassle’ or doubts about their prospects for success – we operate on a ‘no win, no fee’ basis so there is no risk to you. Our team will work hard to ensure you receive the compensation you deserve.

What should I do if I suffer whiplash?

If you have suffered whiplash, then you should take the right steps as quickly as possible.

1. Get medical attention

The main priority is your health so make sure you receive medical attention at the earliest opportunity. This is crucial because your health and recovery is priority number one, but also because a formal diagnosis and medical records will be vital evidence in making your personal injury claim.

2. Gather evidence

Alongside medical evidence, evidence regarding the accident and who is at fault is also vital.

Try to collect:

• Details of the accident including the time, date and location
• Details of any witnesses
• Photographs of the scene including the vehicles
• Photographs of your injuries and those of other injured parties
• Receipts for any expenses incurred including medical expenses

3. Contact Khan Law

Get in touch with us as soon as possible – the more quickly you act, the stronger your chances of a successful claim will be.

Our expert whiplash solicitors will assess your claim, explain the process to you and intimate your claim to the at-fault party’s insurer. We’ll then negotiate your claim to ensure you receive the maximum amount of compensation.

Most cases will settle out of court – legal proceedings for whiplash claims are uncommon but if court action is required, we will represent you in the Sheriff Court or, where appropriate, the All-Scotland Personal Injury Court in Edinburgh.

How long do I have to claim for whiplash?

You have 3 years from the date of the accident to raise a court action for whiplash. If the victim was a child, then you can claim on their behalf at any point until the child’s 19th birthday, as the 3-year limitation period begins on their 16th birthday, regardless of the date of their injury.

How much can I claim for whiplash?

Compensation for whiplash varies from the low hundreds of pounds for mild cases, to 5 figure sums for the most serious cases (usually involving permanent damage). The amount awarded will depend on many different factors, including pain and suffering, loss of earnings, psychological impact and potential recovery time. If there is serious damage to the back or spine then compensation may be even higher.

How long does a whiplash claim take?

Again, this can depend on a variety of factors including the severity of the injury, ongoing medical treatment or where there is a dispute over liability. At Khan Law, we make sure your claim is handled as swiftly and efficiently as possible.

What if I’m partly to blame for my whiplash accident?

You can still make a claim for a whiplash accident even if you were partly to blame. Legally, this is known as ‘contributory negligence’ and put simply, your compensation is reduced in proportion to how much you are to blame – so if you are held to be 30% at fault, then the amount of compensation you receive will be reduced by 30%.

Whiplash Injury Claims in Scotland

If you have suffered whiplash as a result of an accident, we can help. Call us on 0141 378 0514 or click here to fill in our form and one of our expert personal injury lawyers will be in touch.