How Long Does a Whiplash Claim Take?

Have You Ever Tried to File a Whiplash Claim?

A whiplash claim is filed by a person who suffered from a road traffic accident and suffered injuries. For whiplash, these injuries are mostly to the neck and back.

If you suffered from a whiplash injury due to a road traffic accident that wasn't your fault, then you may be eligible for a whiplash compensation claim.

This claim will help you pay the different medical fees, medication, rehabilitation, and loss of salary due to the injury.

Additionally, this claim will also compensate for any pain and suffering that you may have suffered from the car accident.

Although it might not be your first priority to seek compensation after an accident, this should definitely be on your mind. Additionally, this is especially important since you will have a long road to recovery ahead.

However, you don't need to suffer and endure all the burdens by yourself. Especially if the accident was due to the other person's negligent behavior.

So, in this blog post, we share the ins and out of filing a whiplash claim and get a better understanding of how long the process actually takes.

Related: Career Training After a Personal Injury

Many injured people put off claiming because of the long and tedious process that it takes.

The time needed to settle an injury claim is different for each case. For example, a straightforward car accident claim wherein it is clear who is at fault can be settled in a matter of weeks.

On the other hand, a more complicated medical negligence case might take years.

Additionally, if it is not clear who is at fault, the claim can definitely take even longer.

However, before we get into details about whiplash claims and compensations, let's understand what exactly is a whiplash.

What is Whiplash?

Whiplash is often caused by accidents on the road.  This is most common on fast-moving roads.

So what causes whiplash?

The impact of a collision in a car accident causes the head to quickly move backward and forwards. This strains the neck and causes damage to sensitive tendons around it.

Regardless of how hard the jolt is, one can suffer from whiplash since the muscles around our neck tighten as a protective reflex.

What are the Symptoms of Whiplash?

Symptoms of whiplash can develop over the course of a day, or a few days. While some people may immediately experience its symptoms, it's definitely different for each case.

The symptoms of whiplash include neck pain and stiffness. These are the most obvious side effects. But whiplash symptoms can also include headaches and dizziness.

Below are some of the symptoms of whiplash:

• Neck pain
• Stiff neck
• Headaches or dizziness
• Difficulty moving your head
• Back and shoulder pain or stiffness
• Tingling or numbness in your arms, neck, or back

However, for more severe cases of whiplash, the symptoms may be more alarming. The symptoms include the following:

• Blurred vision
• Ringing on the ear
• Difficulty sleeping
• Problems with memory or memory loss
• Mood swings

Now that we've covered the basics of whiplash, let's get to understand the process of claiming and how long it takes.

How Long Does a Whiplash Claim Take to Go Through?

The time taken for your claim for compensation to be completed varies. Each case is unique. So, the time it will take will also depend.

Firstly, one of the main factors would be the complication of the accident. Is the accident minor or severe?

Additionally, another factor to consider is if it is clear who the person at fault is.

The claim will take less time if it is clear who is at fault as well as if the person at fault admits liability.

Remember, it is important to ensure that you know the full extent of an injury. Additionally, this is to ensure that the maximum compensation settlement is achieved for you.

To give you a brief overview, you'll see below the range of how long a claim will take for each type of accident.

This is according to the National Accident Helpline:

Road accident claims	4 to 9 months*
Work accident claims	6 to 9 months
Medical negligence claims	12 to 36 months
Industrial disease claims	12 to 18 months
Public place or occupiers’ liability claims	6 to 9 months
MIB claims (uninsured drivers)	3 to 4 months**
CICA claims (criminal assault)	12 to 18 months**

Factors That Affect a Whiplash Claim

While each case is different, there are several common factors that you will need to take note of. These factors are what will affect the length of your whiplash claim.

• What is the type of injury or accident were you involved in? For example, is this a car accident, medical negligence, etc.
• How much damage has been caused?
• How you were injured?
• The time it takes to gather evidence
• Who you are claiming against
• Whether the person at fault accepts liability or not
• The seriousness of your injuries
• Amount of time it will take for you to recover

 

Things to Consider When Filing a Whiplash Claim

Here are the elements to take note of when filing for a whiplash claim.

• First, you may not experience the symptoms of whiplash immediately. But it is best to file the claim right after the accident.
• Next, compensation for whiplash claims will depend on the severity of the accident.
• Lastly, the extent and complication of the injury will affect the case.

 

How Much Compensation Can One Claim for Whiplash?

The short answer is – it depends.

The typical settlement amount for a whiplash claim varies. This can range from the low thousands of dollars for mild injuries, and to hundreds of thousands of dollars for more severe cases.

More importantly, this is especially true for cases that will affect your ability to work or earn money.

Additionally, lawyers also take into consideration the time it will take for you to heal.