10 Reasons Why Whiplash Claims are Difficult to Prove?

By: Lawswood Claims

Whiplash is a type of neck injury that is most commonly caused by the forceful jerk a person experiences in a road traffic accident. It is one of the most common injuries caused by car crashes. Sometimes the symptoms of whiplash appear immediately after getting into a car accident. But sometimes they take a lot of time to appear. It becomes hard to define whether a person has whiplash or not. That is the reason a lot of people, who have a whiplash, are unaware of it.

There are a lot of cases where you can get into a car accident and the fault is not yours. If you conceived a whiplash injury, you deserve to get compensation from the insurance company. Whiplash claims are among one of the types of personal injury claims. It is the amount of compensation given to the injured person, who was not at fault, to get proper treatment for the injury.

Is Whiplash Hard to Prove?

Whiplash is among those cases which are hard to prove. There are a lot of people who cannot prove their innocence and cannot get their due share of compensation. That is why we are going to tell you about the 10 alarming reasons which make it hard to prove whiplash injury. After becoming aware of these problems, you can avoid these things to make your claim successful.

1) Difficult to Prove Minor Injuries

If the injury/accident is minor, whiplash can also be treated at home. It is easy to treat the injury at home as you do not have to spend much money on it. Moreover, you do not have to stand in a queue at the hospital to wait for your turn. By following some home remedies, you can recover at home and your injury gets healed. As it is easy to treat the injury at home, but it has a negative impact as well. It makes it difficult for the claimant to prove in the court that one has a whiplash injury.

2) Symptoms emerging Late

Another reason why people cannot get their claims is the late appearance of symptoms. It is not necessary that you will experience the symptoms of whiplash injury immediately after an accident. Sometimes, they do take time to appear. In some cases, they appear when the injured person has already settled all the matters related to injury claims. That makes it difficult for the claimant to get compensation because all the files related to the case have been closed.

3) No Test to Easily Prove Whiplash Injury

Whiplash is a soft-tissue neck injury. There are no tests that confirm if a person has a whiplash or not. Sometimes, people are suffering from whiplash injury pain but they don’t realise that they have whiplash. That is why they do not see a doctor to diagnose the problem. Sometimes, people even fake the whiplash. And having a lack of proper tests to check its validity, it becomes difficult to prove whether a person has an injury or not.

4) Actual Cause of the Injury

There are some people who don’t know how to deal an insurance claims adjuster. They often make a mistake of providing their complete medical history to the adjuster. It makes their case difficult because the adjuster points out some old injuries. He would suggest that the car accident is not the cause of whiplash. The injury is a result of some accident in the past and its symptoms are appearing now. When there is an ambiguity about the actual cause of whiplash injury, the chances of getting the claims are reduced significantly.

5) Exceeding the Time Limit

The time limit for all types of personal injury claims is usually three years from the date of the accident. It is an ample amount of time for anyone to file one’s claim. But there are some people who do not file their claims within this time limit and file them afterward. So it is extremely unlikely that someone can get the amount of compensation when one has exceeded the time limit to file the claim.

6) Fake Claims

When provided with an opportunity, some people start misusing it for their own benefits. The same happened with whiplash claims. A lot of people started filing their whiplash injury claims despite that they were not eligible to get these claims. When the cases of fake whiplash claims increased too much, the government tightened the scrutiny of whiplash cases. Now, a person has to go through a lot of formalities and screenings to prove one’s claim. So the increasing number of fake claims has made it more difficult to get whiplash compensation.

7) Lack of Medical Proof

The most important thing in getting personal injury claims is to have proper medical evidence of the injury. Some people do not realize the importance of medical evidence when filing injury claims. They do not get proper medical treatment for their injury. Even if they get medical attention, they don’t keep track of their medical reports and bills. It makes it difficult for the adjuster to decide the amount of compensation one is eligible to get. So it is important to receive proper treatment if one has got a whiplash or neck injury.

8) Whiplash Reforms 2020

Whiplash reforms 2020 means the changes that have been made in the procedure of getting whiplash injury claims. These reforms have affected the whole whiplash industry and made it even difficult to prove some cases of whiplash. Now, it will become extremely difficult to hire an injury claims specialist for some minor cases. Moreover, the amount of claim for small cases has been fixed between £1,000 to £5,000. These changes have not yet been implemented but they are in the process of implementation.

9) No Representatives for Small Cases

In the past, the party who was at fault was liable to pay the fee of the legal representatives of the injured person. But according to the latest changes in the whiplash rules in the UK, all the cases of whiplash claims are to be dealt at small claims court. So now, the other party will not be liable to pay any fee for the legal representatives of the other party. So it has become very difficult to hire any legal representatives for the small cases. Not having a piece of suitable advice makes it difficult to get compensation for the injury.

10) Taking Case In One’s Own Hands

Getting whiplash injury claims require proper knowledge and in-depth understanding of the procedure of filing a claim. Sometimes, the nature of the case is complicated. In this case, making any mistake can cost you a lot and you may end up losing your claim money. It requires an expert to handle your case. Nowadays, a lot of injury claim specialists are providing injury claim services on a “No Win No Fee” basis. It means that you will only be liable to pay the fee of your representative when you win your case and your amount of compensation.

Conclusion

Although getting whiplash injury claims becomes difficult sometimes. But if you know how to get whiplash claims, you can tackle the problems effectively and ultimately get your claim money. It is important for you to know the reasons which make it hard to prove whiplash injury. If you know the reasons, it becomes easier to avoid these mistakes and file your claim successfully to get your amount of compensation.

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