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No Win No Fee Whiplash Claims

Is no win no fee killing off common sense?

In the past decade or so, the concept of no win no fee has transformed the field of personal injury claims, and some would say made it easier for people who have suffered whiplash or other injuries to obtain compensation. But others have expressed their concern at a so called claims ‘compensation culture’ in the UK, and have even suggested that no win no fee discourages people from exercising their own common sense.

In a recent blog post for the Manchester Evening News, Paul Taylor claimed that the no win no fee arrangement used by many personal injury lawyers has resulted in: “A tidal wave of trumped-up claims from people whose first instinct, when misfortune befalls them, is to look around for someone to sue.” He goes on to specifically criticise whiplash claims, which he says cost the insurance industry £2bn a year, in contrast to the £8m cost to the NHS of treating whiplash. But do these figures reveal a lack of common sense, and is no win no fee really to blame?

UK - Europe’s ‘whiplash capital’?

Earlier this year, the Association of British Insurers (ABI) described the UK as the “whiplash capital of Europe,” citing statistics that shows that one out of 140 people in the population make a claim for whiplash each year. It also asserted that the condition accounts for more than three-quarters of personal injury claims in the country.

These certainly are substantial statistics, but they should be viewed from the perspective that whiplash is a very common injury suffered in car accidents, even at low speeds. It happens when the individual’s neck ligaments are stretched and damaged by jolting forwards and backwards suddenly, as is often the case in rear end collisions. The extent and symptoms can vary, but those affected can suffer headaches, dizziness, pain and loss of feeling for anything between several months to several years.

Common sense and compensation

One important point with which to qualify Mr Taylor’s statistic of whiplash costing insurance industry £2bn and the NHS £8m, is that there are few treatments available for the condition. While a small amount of physiotherapy may help and is sometimes provided to an extent by the NHS, generally the only thing that will cure whiplash is time.

Despite it appearing to be a less serious condition than other injuries, whiplash can be a long-lasting and distressing impediment to the health and quality of life of the sufferer. One might argue that a claim for whiplash has little to do with common sense, and a lot more to do with an individual being compensated for suffering and pain that has been caused by the actions of others. And this is surely the premise at the heart of the ‘compensation culture.’

While some claims for whiplash and other personal injuries might be fraudulent, this too has nothing to do with common sense, but is rather the product of greed, dishonesty and opportunism - human qualities not limited to the sphere of compensation.

No win no fee arrangements are intended to provide access to compensation and justice to all members of society, and the increase in claims for whiplash in recent years could equally be seen as success in meeting this goal as they could a failure of common sense.

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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