Whiplash is a common neck injury caused by a sudden forward, backward, or sideways movement of the head. This sudden whipping motion causes strain on the nerves and muscles in your neck. Whiplash symptoms can persist for a long time. The healing process varies from person to person. The most common symptom of whiplash is a painful, stiff neck.
Other symptoms of whiplash include:
It is wise to visit a doctor immediately after the accident if you experience whiplash symptoms. Firstly, for your health and secondly, for any personal injury proceedings. In order to prove your injury, it is important that your symptoms are documented by a doctor.
The most common cause of whiplash is a rear-end collision. This is a collision in which another car crashes into the back of your car. This can happen when you are stuck in traffic or waiting at a traffic light, but also while you are driving.
There are also other causes of whiplash, for example:
If another party is responsible for the accident and you are not at fault, you are entitled to full compensation for whiplash. Your damages include not only the (medical) costs incurred as a result of the accident, but also loss of income and compensation for pain and suffering. To determine your damages, the insurer must compare your situation before and after the accident. If you are unable to work due to whiplash and are losing income, your damages can be substantial.
There is no standard compensation for whiplash. The amounts paid out for whiplash vary greatly and depend on various factors, including the course of your recovery, the consequences for your work or household, the costs incurred, and so on. You will understand that it makes a difference to your damages whether you are off work for two months or, for example, two years. In the first case, there is a good chance that your employer will continue to pay your full salary, while in the second year of illness you may only receive 70% of your salary. In many cases, whiplash heals after a short time, but sometimes whiplash syndrome persists for a long time. The treatments and therapies that you can still receive are not aimed at healing, but at combating the symptoms and reducing and accepting the complaints.
Common types of damage associated with whiplash are:
Only when you have fully recovered from whiplash or your medical situation is stable (final medical situation) will it be clear what consequences the whiplash has for you and can your damages be calculated. Until your full damages have been compensated, you are entitled to advances on the final damages. Joosten Advocaten will request the advance as soon as liability has been established. Experience shows that you will be faced with (medical) costs immediately after an accident.
If you have suffered whiplash as a result of an accident, you are entitled to compensation for pain and suffering in addition to compensation for material damage (expenses and loss of income). Compensation for pain and suffering is compensation for immaterial damage, i.e. emotional and psychological damage. Examples include pain, grief, sleepless nights, mental suffering, or reduced enjoyment of life.
It is not easy to quantify pain, grief, and suffering in monetary terms. The amount of compensation you ultimately receive depends on various factors, such as your age, the impact of the whiplash injury, and your limitations. To determine the amount of compensation, your case will be compared with other cases. Court rulings on this matter are compiled in the Compensation Guide.
Not all insurers recognize that whiplash can cause (long-term) symptoms and limitations. This can lead to unpleasant discussions when settling your claim, especially if your symptoms persist. In most cases, the insurer will offer a settlement amount that is lower than your actual damages. That is why it is wise to engage a personal injury lawyer who can help you claim and substantiate your damages. The specialized personal injury lawyers at Joosten Advocaten have years of experience with whiplash cases and know exactly how to claim maximum compensation for you. Even if you are already in negotiations with the insurer, it is still a good idea to engage a lawyer. According to the law, you are entitled to this and the insurer must pay the lawyer's fees.
A practical example:
“A plumber is rear-ended and suffers whiplash. The insurer denies that he has suffered permanent injuries as a result of the accident and wants to fob him off with just €5,000.
After Joosten Advocaten assisted the man, the insurer immediately made a better offer, namely a final payment of €15,000, but the man was not satisfied with this either. After an independent doctor ruled that his complaints were the result of the accident, the case was quickly settled for a total compensation of €175,000."
Joosten Advocaten is happy to assist you withpersonal injury/whiplash claims, ensuring you receive maximum compensation. Pleasecontactus for personal injury advice.
