Dispelling another myth about whiplash injuries

Posted 22/01/2013

It is a medical fact that whiplash injuries can last for more than six months. The misconception that they cannot has often been adopted by the Government’s advisers when seeking to create a ‘compensation culture’ myth and to suggest that whiplash injuries are fraudulent or a figment of the imagination.Richard Foyster, a personal injury partner in Ashtons Legal’s Felixstowe office, has recently obtained £79,000 compensation for a client who suffered whiplash injuries in a road traffic accident in March 2009. The majority of this settlement is to reimburse her for lost earnings. Richard obtained evidence from an orthopaedic expert who specialises in spinal injuries and confirmed the injuries to be real, severe and all caused by the car accident. The defendant insurer’s solicitors refused to increase their offer above £10,000 throughout the claim because their expert said that the whiplash injuries could not have lasted more than six months. More than three years after the accident, she continues to suffer from a number of painful symptoms, mainly affecting her neck and upper back. The severity of these symptoms have forced her to reduce her hours at work and have therefore left her out of pocket.This case shows the importance of instructing an experienced solicitor to assist with an injury claim, and one who is prepared to challenge the insurer’s experts where this is in the interests of the client.

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