Is the level of proof required to rise in Whiplash cases?

What is whiplash?

Whiplash occurs when the soft tissue in the spine is stretched and strained after the body is thrown in a sudden, forceful jerk. The injury most commonly occurs in car crashes involving sudden deceleration, but the injury can also occur in other strenuous physical activities such as diving.

What does whiplash feel like?

The most frequent complaints are headaches and stiffness in the neck and the back of the head. These symptoms appear within the first couple of days after the accident and usually pass after a few days to a few weeks. In fact, in the vast majority of cases, whiplash does not last more than three months.

How do doctors diagnose whiplash?

Usually a whiplash diagnosis is made on the basis of the background of the injury and the patient's description of symptoms. Whiplash cannot be seen on an MRI scan, CT scan or X-ray, although an X-ray is taken if there is a suspicion of fracture or dislocation of the cervical spine.

Level of proof in whiplash cases?

The Select Committee concluded that whiplash accounts for 70% of all Road Traffic Accident Claims. 

Currently, in the vast majority of “simple whiplash” cases, a medico legal report prepared by a General Practitioner, without sight of medical records will suffice as proof in support of a Claimant’s injuries.
"Many of these claims are for whiplash, an injury where diagnosis is often subjective and therefore very costly for insurers to challenge," Louise Ellman MP said.

"The threshold for receiving compensation in whiplash cases should be raised and, if the number of such claims does not fall significantly, the government should bring forward primary legislation to require objective evidence - both of a whiplash injury and of it having a significant effect on the claimant's life - before compensation is paid," she added.

It is still very early days, and such a change in the law could take years to come in to force. However, should objective evidence now become par for the course in such cases? Should Claimant Solicitors now begin to obtain extra evidence to support claims for such injuries in every case of whiplash type injuries? How will such a change in the law affect the recently introduced MOJ Portal Process?

Colemans-ctts LLP is a national firm with decades of experience in handling all types of Personal Injury cases, including Road Traffic Accidents. If you are seeking advice following an accident, we can help. Call us on 0808 155 9070 or request a call back.