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How can I prove I have a whiplash injury?

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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

    How can I prove I have a whiplash injury?

    Whiplash can be a very painful injury and it is commonly suffered by those who are involved in car accidents, though can also be suffered in other types of accidents. It is very important to seek medical advice if you suspect you have whiplash. This holds true even if you think it is fairly minor in nature.

    Visit your doctor immediately for a medical assessment

    If you were involved in an accident that was the fault of someone else and you wish to bring a claim for whiplash suffered in that accident, you must be able to prove you have whiplash. The best way to do this is to visit your doctor in order to obtain a professional diagnosis. This will provide proof of your injury and help enormously when it comes to seeking compensation.

    It is very important to understand this point. Even though the symptoms and signs of whiplash are fairly easy to spot, it is not enough to have your word of suffering this injury. Once you visit a doctor and you receive a professional and official diagnosis, you will have a record of the injury and subsequent treatment. Indeed it can be beneficial to visit a doctor who is experienced in seeing and treating cases of whiplash. This is particularly true if you have a severe case of whiplash that could result in ongoing symptoms and pain.

    One final point to make is the need to visit your doctor immediately if you suspect you may have whiplash. This has two significant advantages. Firstly, you will be able to receive suitable treatment as quickly as possible, which could reduce the symptoms you suffer. Secondly and just as importantly, it will enhance your case for claiming for your whiplash, since you will not have delayed seeking treatment. When a claim for whiplash compensation is assessed, the date the claimant attended the doctor will be noted. The longer it is from the date of the accident, the less likely it is to result in a successful claim. Thus if you want to maximise your chances of seeking compensation, you must get professional proof of whiplash being present as soon as possible.

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