If I get whiplash, how long after the accident can I claim?

Whiplash is an incredibly painful injury, as anyone who has ever suffered from it will know. It can range from a mild injury to a very severe one that requires ongoing treatment and can take a long time to right itself. However, in any case, regardless of the severity of the whiplash, you can claim compensation for a genuine injury if it was caused by someone else’s negligence.

Make your whiplash claim in a timely fashion

It is important to recognise there is a time limit in place for making a whiplash claim. You have a period of three years from the date the accident occurred, or from the date when you first became aware of the injury. Most solicitors would advise you to make a claim for compensation as quickly as possible after the accident. Everything will be fresh in your mind and you will be able to go through the process and put everything behind you as quickly as possible.

How is the situation covered in law?

In the eyes of the law, one of two things must have occurred by the time the three years are up. The first is that the case for compensation will be settled and the amount granted will have been received by you. The second is that court proceedings have been arranged by that date. In reality, very few cases require a court date since the vast majority are agreed and settled out-of-court. However, it is a worthwhile point to note if you suffered an accident nearly three years ago and you are only now thinking of making a claim. It is vitally important to make sure you do not run out of time to do so.

Children are an exception

There is an exception to the three year ruling, however, and it involves children. As far as the law is concerned, a child is anyone who is under the age of 18, so this will apply to a babe in arms just as it applies to a teenager. If their age is less than 18 and they have suffered whiplash, the three year time limit will only begin once they reach their 18th birthday.

As you can see, you do have a significant window of opportunity to make a whiplash claim if you have been unlucky enough to suffer from the injury due to the actions of someone else.

 

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