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Medical Evidence For A Whiplash Claim

Why medical assessment is essential in a whiplash claim.

The most commonly sustained injury from car accidents is whiplash. However, according to the AA, Britain has among the safest roads and the fewest recorded crashes but also the highest number of whiplash claims in Europe. In addition, insurers report that the continuing rise in whiplash claims is due to fraudulent and exaggerated cases levied by unscrupulous motorists. With this factor costing insurance companies around £2billion per year, it is becoming more and more important to seek medical assessment in the event of a crash so that your case can be distinguished from fraudulent ones.

Why whiplash?

The reason that whiplash is the most commonly faked and exaggerated personal injury is that there are no external symptoms to diagnose. All the injury takes place below the skin. In a rear impact the head is thrown forward, overstretching the soft tissues that surround the spine. Imitating the undulations of a whip the head is then thrown backwards, further stretching the soft tissues and causing more damage. Symptoms range from mild headaches to severe motor-skill impairments, but none of these are accompanied by obvious visible evidence. Medical professionals have to rely largely on the testimonials of victims when diagnosing whiplash.

Insurers have been working closely with doctors to find ways to more easily discern which symptoms are genuine and which are not. However, the problem for genuine claimants is that this consultative period can protract the process.

What to expect

A solicitor will have to prepare as much evidence as possible to support a whiplash claim and in light of the increasing number of fraudulent cases, this can mean a number of examinations. Seeking medical assessment as soon as possible after an accident can only lend credence to your claim.

Initially, a solicitor should seek to obtain your medical history from your GP to ascertain whether or not you have any prior neck-related problems. If you visited Accident and Emergency, they should also seek to obtain the notes made during your assessment. While this may seem intrusive, the solicitor is seeking evidence to support your claim, rather than challenge it.

Once your notes have been reviewed, you may undergo further assessment by a GP or orthopaedic surgeon. This medical professional will be an independent expert, agreed on between your solicitor and that of the other party. In addition to also reviewing your medical notes, the chosen medical professional will ask you to undergo a series of physical tests to ascertain the extent of your injuries. This assessment will play a large part in the evidence submitted to the court.

Because the professionals involved are so reliant on the testimony of the victim, it is essential that you seek medical assessment as soon as possible. Not only will this add credence to your claim, but it will also allow the process to move forward as quickly as possible. Until a way has been found to root out fraudulent claims at an earlier stage, genuine claimants will have to undergo the often-protracted processes involved to guarantee that those who are genuine victims of whiplash get the compensation they

You Need To Know More Vital Information About Whiplash?

For more vital information that you really should know please download our free Essential Guide To Whiplash. It will tell you:

What "No Win No Fee" really means and how to ensure you do not get caught out
Whether a Claims Company or a Solicitor is the right choice for you
What does it mean if you have Legal Expense Insurance (and do you have to use the solicitor that they tell you too if you do not want to)?
How to obtain private treatment for your injuries at no cost to you
How to quickly obtain a replacement car or motorcycle if you need to
Why accepting an offer directly from the other driver's insurance company could cost you thousands of pounds and lead to longterm injury problems

There is no cost so please complete your details below now and we will immediately send you the guide.

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What If I Could Not Avoid The Accident?

Read our guide explaining what to do following an accident "Road Accident and Injury Claim Guide"

Have You Suffered A Whiplash Injury?

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