Neck pain and headaches after a car accident or other accident are very common. Although in many cases the pain goes away after a few days or weeks, this is not the case with some victims. In many cases a whiplash is diagnosed. This condition is sometimes also referred to as postwhiplash syndrome, whiplash associated disorder or WAD for short. Settlement amounts and trial verdicts vary from case to case. Whiplash injuries are valued between EUR € 5,000 and € 500,000 depending on the depend on the severity of the injury and the consequences on a victims day to day life.
Symptoms of whiplash
Common symptoms of whiplash are:
- Neck pain
- Radiating pain to the head, shoulder(s) and arm(s);
- Dizziness
- (Extreme) Fatigue and/or sleeping problems
- Concentration problems
- Forgetfulness
- Extreme sensitivity to sound and light
- Mood swings
Causes
A whiplash is caused by stretching of the neck muscle. In many cases this strain occurs after a collision from behind, but it is also quite possible that you suffer a whiplash after a cycling accident or another accident. In a whiplash, the head is forcibly thrown backwards first and then forwards again: the so-called flexion-extension movement.
Personal injury claim after a whiplash
It is important that you engage a professional personal injury lawyer after you experience a whiplash. With whiplash, in the vast majority of cases there is no visible injury. There is also nothing visible on X-rays.
An insurance company will therefore soon take the position not to compensate the damage because it cannot be proven that the complaints are accident related. Often, the insurer does not want to compensate for anything at all and sometimes the insurer will make an offer to settle the matter for a low amount, after which you will not be able to return to the matter. It is very important that if this happens, you do not sign anything and contact us as soon as possible.
case law
The Dutch supreme court invalidated this argument years ago. In a landmark case It ruled that a victim with injury that is difficult to objectify or non-objectivable, such as a whiplash, should not be subject to a high burden of proof regarding his symptoms and when that the symptoms were caused by the accident.
As long as the complaints are real, not imagined, not pretended and not exaggerated, the damage resulting from the restrictions resulting from those complaints will simply be eligible for compensation.
Most inexperienced lawyers or claim handlers will soon say they can’t do anything for you or advise you to agree to a low settlement offer.
There are cases known in which the insurer has tried to settle the case for an amount of € 10,000, while after going through the proper medical process and threatening to sue, the case was settled for an amount of € 150,000.
Our lawyers can assist you. We have extensive experience in proving whiplash injury and litigating in court.
Free assessment of your claim
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