| This article explores the most common reasons for a | | | | delays can be significant and can occur for a number |
| whiplash claim to reach the stage where it can be | | | | of reasons, including junior or inexperienced staff or |
| settled. | | | | someone having too high a workload to manage. |
| 1. Getting Better. | | | | Either way, if your solicitor is struggling to make |
| This is by far the most important consideration | | | | progress with the other side, the only way he will be |
| following a car accident. The purpose of | | | | able to speed the claim along is by issuing court |
| compensation for your injury is to try and. The | | | | proceedings, after which time a timetable will have to |
| compensation cannot make you better, often only | | | | be followed. |
| treatment and time can. | | | | 4. Your Own Representative. |
| For your solicitor to be able to settle your claim for | | | | Sometimes your own solicitor might have too many |
| compensation they must be confident that you have | | | | cases to handle and might struggle to stay on top of |
| made a full recovery from your injuries so that they | | | | them all. This can have a detrimental impact on your |
| can fully assess the impact of the accident and injury | | | | own claim. Sometimes you can change your solicitor |
| for you. If you are receiving ongoing treatment after | | | | within the same firm or on occasions you might have |
| the accident your solicitor will probably wait until this | | | | to ask another law firm to help you with your |
| treatment has been concluded and a medical report | | | | whiplash claim. |
| obtained before settling your claim. If you have | | | | 5. You. |
| suffered a major whiplash injury it can be some | | | | If your solicitor has requested information from you |
| months before you have made a sufficiently full | | | | about your pain and suffering as a result of the |
| recovery which can delay the settlement of your | | | | whiplash claim, or for more information about your |
| claim. | | | | expenses or lost earnings, any delay in returning this |
| 2. Obtaining Evidence. | | | | to them will prevent them from being able to settle |
| Your solicitor has to obtain evidence to support your | | | | your claim. The faster you are at responding to your |
| accident claim in two key areas, liability (ie proving | | | | solicitor the quicker your solicitor can progress your |
| that the accident was the other driver's fault) and | | | | claim for you. |
| medical (from an Orthopaedic Surgeon or General | | | | 6. Settlement Is Final. |
| Practitioner to confirm your injuries). | | | | If you accept an offer in settlement of your claim it |
| Liability evidence can include police accident reports, | | | | is a final offer. You cannot decide to go back for |
| witness statements and even evidence from | | | | more compensation if your whiplash pain continues |
| sometimes from an accident reconstruction expert. | | | | for longer than you expected it to. Therefore, it is |
| The medical evidence is usually obtained some weeks | | | | essential that you only accept a reasonable offer in |
| or months after the accident, by which time the | | | | settlement of your claim. Of course your solicitor will |
| medical expert can assess the extent of the injury | | | | tell you what a fair offer is but it may take some |
| and whether treatment is still required. | | | | time to receive one from the other party. |
| It can take some weeks or months for this essential | | | | In conclusion, there can be any number of reasons |
| medical evidence to be obtained. | | | | why a whiplash claim takes as long as it does to |
| 3. The Other Driver's Insurance Company Or | | | | settle. However, the reality is that these days they |
| Solicitors. | | | | are settled far more quickly. Many claims now settle |
| Delays are often experienced when contacting the | | | | within weeks or months. |
| other driver's insurance company or solicitor. These | | | | |