Whiplash Claim

[Hatter The Mad]

Not really no

Then don't feed one.

You are an adult. You don't need every single step signed, or flashing red warning lights to repeatedly warn you about the slippery floor. As an adult, I am sure you can accept that sometimes, when there isn't much friction between your feet and the floor, one can slip if not treading carefully.

 

[mrk]

Then don't feed one.

You are an adult. You don't need every single step signed, or flashing red warning lights to repeatedly warn you about the slippery floor. As an adult, I am sure you can accept that sometimes, when there isn't much friction between your feet and the floor, one can slip if not treading carefully.

I can completely accept this but in this instance you also need to accept that they waxed the floor first thing in the morning so someone was bound to slip especially coming down due to there not being any sign saying the surface is slipper and of course it's wax so completely invisible hence why I slipped!

I suppose the person who waxed it made a mistake and the question is should they or the building be held accountable for that mistake because I cannot put pressure on my left leg without knee pains.

Some people sue to no reason whatsoever for example, that mother suing Somerfield because her child was playing on the railing and hurt himself - that's just nonsense and could have been avoidable if she kept an eye on him but genuinely slipping on waxed floor that had no visible warning at all entry points to that surface was a hazard.

 

[steinooo]

I think you should seek legal advice OP, and same to you mrk.

 

[Raymond Lin]

Unless you can prove it medically, beyond reasonable doubt, then no you shouldn't.

"Reasonable Doubt" is CRIMINAL proceedings, this is civil, and the test is on "Balance of Probability".

And we are talking about a rear end shunt here, not a murder trial, there is no doubt who hit who. Even on the balance of probability there is not doubt that who hit into the back of who.

And yes, i would claim.

Whiplash injuries that resolves within 2 years fall between 750 to £2250 (i think).

The steps are :-

See Solicitor
He writes letter of claim to the other side
(they should accept liability for the accident as it was a rear shunt)
He direct you to a specialist for an appointment
He gets medical report
(negotiates settlement)
Issue proceedings (the case will be arguing on quantum, not liability as that has been admitted)
(continue to negotiate)
You do a witness statement

etc

Trial (VERY unlikely)

If the medical report is favourable, i can't see why it won't be, then you should get offers from the other side to settle. If it is not then they might want their own expert, for a fast track case, which this will be. It is unlikely they would want to get their own expert opinion. It is more economical to settle this out of court.

p.s.

General Damages - Injuries
Special damages - quantifiable items - car, clothes, even a holiday that you've paid for but unable to go due to the accident.

pps

You have 3 years from the date of the accident to issue the claim. Or if you are under 18, then 3 years from the date of your birthday.

 

[Raymond Lin]

Yeah, no medical report, no claim.

LOL, unrelated to the OP.

Ever heard of something call Fibromyalgia?

http://en.wikipedia.org/wiki/Fibromyalgia

It seems totally absurd, but the courts have accepted its existence and if you can get an expert to say you got it.....that add quite a lot of money to the value of the claim.

 

[Kol]

snip

I cannot see from your post, so just clarifying, as a result of this 'injury' will you now be out of work? Losing earnings? Have you lost earnings? I was discussing this on the drive home earlier - what does suing someone achieve?

If you don't lose money nor does it stop you from gaining money as a result why sue? I don't believe in the whole sue because you can and because others have. Like earlier a police officer sued the force because someone told him to take his turban off. He was given £10k. So now the taxpayer (in this instance) has footed the bill for a police officer who said had his confidence knocked. If that knocked his confidence what use is he as a police officer?!

 

[Raymond Lin]

I cannot see from your post, so just clarifying, as a result of this 'injury' will you now be out of work? Losing earnings? Have you lost earnings? I was discussing this on the drive home earlier - what does suing someone achieve?

To answer your question

..my knee still hurts if I apply pressure.

The answer is personal injury, whether it is muscle pain, or trauma to the head, it is still injury and is entitled to claim.

 

[edscdk]

dont be so gay, its people like you and my girlfriend (who won 7k for being 2 dumb to be able to walk over a zebra crossing) what a killing the rest of us will stipidly high insurance.. (ok i should be happy but she wasted it all on a party)

if you lost an eye, leg / arm.. ok fair play.. if you hurt for a bit... ok.. its not nice... and I may feel sorry for you.. (cos its not nice) but FFS accidents happen... you will (probably) (i did not read the hole thread) heal.. yer its not nice.. it hurts.. but if it heals and you got a few weeks off work for free... just leave it..

I got mashed a bit.. for 5 weeks off work... never really thought about getting cash out of it.. jsut happy to have weeks off work.. i healed.. nothing that will last..

(just to say again.. if you are broken for good.. fair play.. if you broken for a few weeks live with it )

 

[mrk]

I cannot see from your post, so just clarifying, as a result of this 'injury' will you now be out of work? Losing earnings? Have you lost earnings? I was discussing this on the drive home earlier - what does suing someone achieve?

If you don't lose money nor does it stop you from gaining money as a result why sue? I don't believe in the whole sue because you can and because others have. Like earlier a police officer sued the force because someone told him to take his turban off. He was given £10k. So now the taxpayer (in this instance) has footed the bill for a police officer who said had his confidence knocked. If that knocked his confidence what use is he as a police officer?!

That's what I'm asking, I don't want to sue or anything, hence why I was asking

 

[heeeed]

entitled to doesn't mean he should though. I do find the whole idea of putting in claims for a sore neck for 2 weeks that stops you doing nothing annoys the hell out of me. I see so many people who come in after minor shunts to get their medical assessment with £ signs in their eyes. A significant proportion of them are NOT badly injured, a significant proportion will pretend they can't move their heads properly when I have seen them do so as they walk in my room, but when I specifically ask them in an examination they become a cripple with a neck that can't move at all. I was once asked by a patient grinning at me in A+E years ago "what do I do now?", I was confused and explained so to them. "what do I do know about my claim? who do I see?" There was nothing wrong with the lady which I had carefully documented and sent her on her merry way. Fraud for whiplash injuries is unbelieveable and wastes a significant portion of my time. If you are left with months of pain and difficulty working it's a different matter, but that is rare, but for a couple of weeks of sore neck I wish I could just tell them to man up about it and get on with their life.

 

[ChrisJSY]

The pain was fully gone in 2 weeks.

End.

 

[jimbobaggies]

Hatter_the_mad has a point. I played hockey the other week and someone hit the ball into my foot and it hurt to walk for about 2 weeks. Should I sue?

I read this and immediately made the assumption that you're a knob.... knowing the pain and long term suffering that can come from a whiplash injury I cannot believe you would make the comparison with being hit on the foot by a hockey ball / puck.

I was knocked off my motorbike about 7 1/2 years ago by a female driver who decided that she didn't need to give way at a crossroads where she couldn't see down the main road I was travelling on. I was in a lot of pain due to other injuries apart from the neck for a few months after the accident, after that subsided initially I felt okay at the time, however, I still suffer from stiff neck and shoulders to this day. Luckily for me the compensation claim was part of the legal cover as part of my insurance.

I'm sure if the OP goes through his friends insurance / legal cover, with the 3rd party being 100% at fault, you would have a high probability of a successful claim.

 

[The Halk]

"Reasonable Doubt" is CRIMINAL proceedings, this is civil, and the test is on "Balance of Probability".

Raymond, I wasn't meaning any specific legal terms.

I'm meaning he gets a letter from his doctor which says that he is suffering from whiplash, or did suffer from whiplash and it's reasonably belivable.