Isn’t whiplash too minor to be worth claiming about?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    Isn’t whiplash too minor to be worth claiming about?

    There’s a common misconception that whiplash is a trivial complaint which the average person can be expected to put up with. All too often it’s seen as being the focus of bogus compensation claims when people exaggerate their injuries, strap on a collar and try to cash in. This may occasionally have happened but, leaving aside media stereotypes, the vast majority of compensation claims are actually made by legitimate injury lawyers on behalf of honest individuals who’ve been let down.

    To be specific about whiplash, it’s a generic term for a wide range of injuries which affect the soft tissue of the neck, shoulders and back. It’s usually caused by a violent movement to the head, such as that brought about by sudden deceleration in a car, as takes place during a collision from behind. It can also happen following a fall, however, an accident on a fairground ride or a sporting mishap. In simple terms, any violent impact can result in a case of whiplash.

    One of the key factors to be borne in mind when considering whiplash is that it may not become apparent in the immediate aftermath of the accident which caused it. It can sometimes take hours or even days for the symptoms to emerge, but as soon as they do it’s imperative that you seek medical attention. Not only will this mean that you get the treatment you require, but it will also create an official record of your injury to be included when putting your case together.

    At its worst, whiplash can cause many months or even years of pain and distress, and can have a detrimental effect upon your ability to earn a living or pursue your social life. Claiming compensation won’t entirely make up for this, of course, but it will reimburse you for any out of pocket expenses and for lost earnings, as well as paying an amount in recognition of your pain and distress.

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