Whiplash compensation – legal advice

What is whiplash?

Whiplash is a description of the injury mechanism itself. It involves a sudden strain on the neck, which can occur, for example, in a rear‑end collision where the head is first thrown backwards and then rapidly forwards. Whiplash injuries can occur in various ways but often result in many of the same symptoms. The neck may be injured in falls, blows where a person is struck by an object, sudden twisting movements, and similar incidents. We can help you with your questions about whiplash and compensation.

What is important when it comes to whiplash and compensation?

After such an injury, it is very important to be able to prove that the symptoms following whiplash arose as a result of the accident. In cases of traffic injuries or workplace accidents, you are entitled to a solicitor. Do not hesitate to contact us so that you receive the information you need to secure your evidence and your right to compensation. Far too many people simply wait and see and do not seek medical attention. This may result in the insurance company rejecting the compensation claim.

The insurance company is obliged to cover reasonable and necessary legal costs.

Experience clearly shows that, in order to succeed with your claim, you are dependent on legal assistance. This applies particularly to whiplash injuries. We have specialist expertise and more than 30 years of experience in compensation cases following traffic and occupational injuries. Let us help you with your case against the insurance company.

Whiplash as an occupational injury

As mentioned above, a whiplash injury may also occur while you are at work and be classified as an occupational injury. Your right to compensation will then be covered under the Occupational Injury Insurance Act.

Whiplash after a traffic accident

Whiplash resulting from a traffic accident is covered by the insurance of the vehicle responsible for the accident.

Whiplash – symptoms

The most common symptoms following a neck injury are pain in the neck, which may radiate to the back of the head and sometimes all the way to the forehead. Other symptoms include headaches, radiating pain to the arms, sensitivity to sound and light, memory and concentration difficulties, reduced stamina, and sometimes reading difficulties.

The prognosis after a whiplash injury is generally good. As with other injuries, however, it is important to start appropriate treatment and exercises at an early stage.

The conditions for establishing a whiplash injury:

Injury mechanism – there must have been sufficient force acting on the neck and head. In rear‑end collisions, the change in speed of the vehicle you were in is often calculated. This is assessed by examining the damage to your vehicle and the striking vehicle.

Acute symptoms – you must have experienced neck pain symptoms within 2–3 days after the accident.

Bridging symptoms – the symptoms you developed as a result of the accident must persist for at least one year or more. You are personally responsible for documenting that the symptoms continue.

Consistency criterion – the development of symptoms must follow a generally accepted medical course.

There must be no other more likely causes for your symptoms and complaints.

The requirements relating to acute symptoms, bridging symptoms, and the consistency criterion are most easily documented through medical records from doctors, therapists, and other healthcare professionals.

Which long‑term effects are common after whiplash?

Long‑term effects are not common after a whiplash injury. The injury occurs at the time of the accident, often with a peak of pain within the first three days, followed by gradual improvement and eventual resolution. Some individuals, however, develop permanent injuries. In such cases, the pain level often remains at the same level or slightly lower than the peak experienced during the first three days. It is nevertheless recognised and accepted that pain can generate further pain, and that pain symptoms may increase in intensity and spread.

What rights do I have if I suffer whiplash?

You have the same rights following whiplash as you do after other traffic or occupational injuries.

Am I entitled to non‑economic damages for whiplash injuries?

You are entitled to non‑economic damages if the injury results in permanent medical disability of 15% or more. Non‑economic damages are assessed once your condition has stabilised. Please note, however, that especially in traffic accidents, you may also have travel insurance or personal accident insurance that provides compensation from 1% permanent medical disability.