Whiplash injuries are often sustained during car collisions, but any sudden movement of the head or neck can cause temporary or permanent harm.

The majority of whiplash compensation claims deal with minor to moderately severe injuries. In some cases, however, the damage sustained to the head, neck or upper back can be extremely serious.

What is Whiplash?

The term, whiplash describes several types of neck injury. Caused by a sudden movement of the head in any direction, whiplash can be as serious as a fractured vertebra or as minor as a sore neck. In many whiplash cases, the tendons and ligaments of the neck are damaged by severe and sudden stretching, typically resulting in a sprain.

When to Consider Legal Action

Not all cases of whiplash result in legal action. A collision between two cars that was caused by poor weather conditions, for instance, might not end up in court if one or more people involved in the accident suffered a minor whiplash injury lasting no longer than a day or so. Whilst this is not to suggest that people with minor whiplash injuries ought to be discouraged from claiming compensation if they feel others were responsible, some sense of proportion is usually advisable. In short, legal action should be contemplated if somebody else's negligent act or omission resulted in a degree of harm that could be deemed sufficiently serious by the whiplash victim.

Typical Causes of Whiplash

As noted above, any sudden movement of the head can induce a whiplash injury. A rear-end car accident is arguably the most common cause of whiplash, largely because the sudden blow from behind causes the neck muscles to stiffen and the head to jolt backwards before being flung forwards. This often violent motion of the head and neck can cause serious damage to the muscles, tendons and ligaments in the neck. In extreme cases, damage may also be sustained to the upper vertebrae.

Falling over can also result in whiplash, especially if the accident victim is knocked from behind, whilst a sudden sideways movement of the head can cause similar injury. Whiplash is common among people who have been punched or hit in the head (one reason why boxers develop strong neck muscles), so assault is another major cause of whiplash compensation claims.

No Win, No Fee

The introduction of the conditional fee agreement gave rise to no-win, no-fee law firms, which provide help to people suffering from personal injury. Eliminating most of the risks associated with losing a case, the conditional fee agreement ensures that a claimant does not need to pay their solicitor's legal costs if a claim fails in court. Whiplash compensation claims are likely to succeed if it can be established that the defendant breached their duty of care to the claimant and that the breach caused the harm in question.
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