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Whiplash injury compensation?

Here are the 20 most frequently asked questions by people who have suffered whiplash. If you cannot find the answer to your question, please contact us and tell us what happened to you. We offer people who have suffered a whiplash injury legal advice free of charge. Our lawyers may claim the whiplash compensation you are entitled to on your behalf.

Direct legal assistance

You can also contact us directly to claim your compensation. We provide victims with free legal assistance for personal injury caused by whiplash. Our lawyers will claim the whiplash compensation you are entitled to. Fill in the contact form with your name and phone number. Tell us your story. One of our lawyers will call you back the same working day.

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Whiplash & personal injury: 20 questions and answers

  1. What is personal injury?
  2. What is whiplash?
  3. I have suffered whiplash, what now?
  4. Who is liable for my whiplash injury claim?
  5. Will I be billed by my health insurer?
  6. Am I entitled to compensation?
  7. Which damage can be compensated?
  8. What is the average whiplash settlement?
  9. What is the exact procedure for claiming compensation?
  10. How is the whiplash injury compensation paid?
  11. What ar damages for emotional distress and am I eligible?
  12. My case is already being handled by the other party’s insurer. What can I do?
  13. I have received an offer from the third-party liability insurer. How can I be sure the settlement amount is correct?
  14. The third-party liability insurer has rejected liability, what now?
  15. I have legal expenses insurance. Is that not enough?
  16. What costs are involved in providing legal assistance?
  17. Why do I need to seek legal assistance, and why JBL&G?
  18. I have become unfit for work. What are my rights?
  19. How long does it take to recover from whiplash?
  20. What are your most important legal tips for those who have suffered whiplash?

Question 1. What is personal injury?

Answer: Personal injury is injury + the resulting damage. Damage is material damage (quantifiable in financial terms) and immaterial damage (suffering, pain, and reduced enjoyment of life caused by an accident or unpleasant event).

Injury refers to physical and/or psychological complaints. Physical injury includes wounds, fractures, pain, etc. Psychological injuries include fear, depression, or trauma, for example. You are forced to incur extra expenses after suffering an injury (including medical expenses). These expenses may mount rapidly. You may also lose income because you are temporarily unable to work. These are all examples of personal injury.

One of the symptoms of whiplash after a traffic accident is pain in your neck.

Question 2. What is whiplash?

Answer: Whiplash is an injury to your neck. It is caused by your neck being rapidly forced forwards and back, or vice versa, or sidewards, causing the ligaments and muscles in your neck to stretch. This abrupt movement puts a lot of strain on your muscles. The nerves around the neck are distorted. Muscle tissue is torn, causing pain in the neck and other areas.

Whiplash complaints may persist for a long time. The most common complaint is a stiff and painful neck. Other symptoms include:

  • headaches
  • lower back pain
  • tiredness
  • mood swings
  • problems concentrating
Whiplash is a condition of the neck.

Question 3. I have suffered whiplash, what now?

Answer: Get well as soon as possible. Follow the advice of your general practicioner and medical specialists carefully. Take the prescribed medical treatment. Fully concentrate on your recovery. Make sure you get sufficient rest.

Get help when claiming compensation. This way you can ensure that you will receive compensation for all medical and other expenses and loss of income as quickly as possible. You can obtain legal assistance from us in handling your claim free of charge. You do not have to concern yourself with legal procedures, laws, and regulations. Discussions with the other party’s insurer are also best left to your personal injury lawyer. This prevents you from unwittingly accepting an average whiplash settlement which is too low and does not fully compensate your loss, with all the adverse consequences this entails.

Question 4. Who is liable for my whiplash injury claim?

Answer: The party that is responsible for or caused the accident/event is usually liable for your whiplash injury claim. But as the claimant, you still need to prove that the other party is responsible.

In the case of a traffic accident, the insurer assesses liability based on the information provided in the claim form. Another important means to prove your innocence is by producing a convincing witness statement. You may also ask the other party to admit liability in writing. If the other party is liable, our lawyers send it a letter holding it liable on your behalf. You do not have to pay anything. In this letter the other party is held liable for all damage suffered and still to be suffered by you. Once the other party has admitted liability, the whiplash procedure continues.

Have you suffered personal injury caused by whiplash?

Claim your whiplash compensation. We offer legal advice and assistance 100% free of charge. Click here and tell us exactly what happened.

Question 5. Will I be billed by my health insurer?

Answer: Yes if you undergo or have undergone hospital treatment for your whiplash. And if you undergo any other medical treatment. Your health insurer will ask you to pay the bill within a certain number of weeks. Costs may rise considerably in the event of whiplash! If liability is admitted, we will immediately demand an advance on your behalf to prevent you from getting into financial difficulties.

Question 6. Am I entitled to compensation?

Answer: Yes, you are entitled to compensation if the other party is liable for causing the whiplash. If, as a result of an event for which another party is liable, you suffer physical or psychological injury, the liable party – or its insurer – is obliged to compensate the resulting damage, including the reasonable costs of legal assistance.

One of our most important personal injury tips is: always go to the hospital or your general practicioner immediately after an accident. The note made of this in your medical record is important evidence in your personal injury case.

Question 7. Which damage can be compensated?

Answer: All damage if the other party is 100% responsible and admits liability. In case of injury, such as whiplash, the following damage is compensated: all expenses; all lost income; damages for emotional distress. But you must be able to demonstrate or make a plausible case that these costs were indeed incurred. Save all letters, receipts, and invoices, and keep a detailed log or diary. Visit our Personal injury compensation page for examples of damages that will be compensated to you.

In principle, the injured party’s life must be returned to what it was before the accident as much as possible. Our lawyers will calculate the loss free of charge and in detail. We will ensure that you get your loss compensated as quickly as possible.

Keep a log of all your damages.

Question 8. What is the average whiplash settlement?

Answer: Unfortunately, there is no average whiplash claim amount. There is no standard settlement for whiplash. The amount varies from person to person according to the actual damage suffered.

For instance, the period during which you are unfit to work can vary hugely (anything from 2 to 24 months). Rather than working with an average whiplash claim, the whiplash compensation you are entitled to must therefore be carefully calculated for you personally. Factors determining the whiplash settlement amount:

  • Seriousness of the injury
  • Duration of the injury
  • Future impact, etc.

Only once you have fully recovered from the whiplash, or there is no outlook for full recovery, will it be possible to say what your total loss/settlement amounts to. This amount is included in the whiplash claim and matches the settlement. However, you may receive advance payments. You can use our calculation tool to get an indication of your whiplash compensation in advance.

Calculating personal injury is a complex legal task.

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Quick help with personal injury

Easily calculate your personal injury claim yourself in 4 simple steps

Calculating personal injury

Question 9. What is the exact procedure for claiming compensation?

Answer: Claiming whiplash injury compensation involves the following steps:
1. If you have suffered whiplash and damage as a result, please contact us to report it.
2. If you wish, a lawyer will visit you at home to discuss the accident free of charge.
3. The lawyer will begin a liability investigation; our help is free.
4. If the other party turns out to be liable, we will send it a letter holding it liable.
5. You will also receive a letter from us in which we ask you to authorise us to handle the claim for you.
6. As soon as the other party has admitted liability, we will assess the damage (in consultation with you).
7. Your personal injury lawyer will calculate your damage as accurately as possible.
8. We will discuss the damage you suffered as a result of the whiplash and claim several advance payments on your behalf
9. As soon as you have fully recovered, or no further recovery is possible, we will claim full whiplash compensation.
10. You will receive the settlement amount directly to your own bank account.

You will not be charged any legal costs for this procedure.

Personal injury lawyer Rogier de Kock at work at one of our offices, the head office in Amsterdam.

Question 10. How is the whiplash injury compensation paid?

Answer: You will receive the settlement from the third-party liability insurer or directly from the responsible party:

Payment by the other party’s third-party liability insurer

If the insurer of the other party has been held liable, the settlement amount will be paid directly into your bank account as soon as the proper documents have been signed.

The whiplash settlement cannot be fully calculated and paid out until you have fully recovered, or no further recovery is possible. In the meantime, you will receive advance payments. These are also paid directly into your own bank account.

Payment by the other party

If the other party has no insurance and is consequently personally liable for the loss, it will have to pay the settlement directly into your bank account. Our lawyers will help you to monitor this process.

Question 11. What are damages for emotional distress and am I eligible?

Answer: Yes, you are eligible for damages for emotional distress if you have suffered an injury (e.g. whiplash) and someone else is liable. Damages for emotional distress are compensation for emotional damage. This is compensation you receive for reduced enjoyment of life as a result of the injury.

The level of damages for emotional distress mainly depends on the seriousness of the injury, its impact, and the length of the recovery.

يشمل الضرر النفسي الناتج عن الحادث الألم، والحزن، وتراجع الاستمتاع بالحياة بشكل مؤقت أو دائم.

Question 12. My case is already being handled by the other party’s insurer. What can I do?

Answer: Please authorise us to handle your case for you, free of charge. The sooner you do so, the better the chance that you will receive a fair whiplash settlement. This is because the insurer is in fact the other party! The average whiplash settlement proposed by insurance companies is typically as low as possible, and it is less than the amount to which you actually entitled.

If you accept their proposal, you risk having to effectively pay part of your damages yourself. As a result, you may get into financial difficulties. This will have drastic consequences in the case of significant whiplash injury. Our lawyers can prevent this from happening. Do not sign anything. We will claim the whiplash compensation you are entitled to.

Via JBL&G:

  • Maximum settlement
  • Quick advance payments
  • We insist on rapid settlement
  • We are on your side!
  • Free legal assistance if you are the injured party.

Via third-party liability insurer:

  • The lowest possible settlement
  • You often have to wait a long time to receive the settlement
  • Difficult communication
  • Tricks/techniques to delay the case
  • They aim to maximise profit.

Question 13. I have received an offer from the third-party liability insurer. How can I be sure the settlement amount is correct?

Answer: You can check this by completing the contact form. Give us the details of how the whiplash occurred and the damage you have suffered as a result. After we have received this form, we will contact you to discuss the matter. If we have received sufficient information from you, we will be able to assess the offer of the third-party liability insurer.

Our lawyers will call you to inform you of our assessment. The average whiplash settlement offered by the insurer is nearly always considerably less than the amount to which you are actually entitled. In that case, we will ask you to authorise us to take over your case so that we can claim a higher amount on your behalf. You will then receive a higher whiplash settlement from the insurer than was initially offered. This service is offered free of charge. This will be confirmed to you in writing.

Question 14. The third-party liability insurer has rejected liability, what now?

Answer: Tell us exactly what happened. We will examine the liability for the accident as well as the assessment made by the insurer. If the other party is liable and was insured at the time of the accident, the third-party liability insurer is obliged to compensate your whiplash injury claim. Our personal injury lawyers will advise you of the steps to be taken free of charge.

Have you suffered personal injury caused by whiplash?

Claim your whiplash injury compensation. We offer legal assistance 100% free of charge in the case of personal injury. Click here and tell us exactly what happened.

Question 15. I have legal expenses insurance. Is that not enough?

Answer: The legal assistance offered by legal expenses insurers often leaves much to be desired. The most common complaints from our clients are:

  • Poor service quality as many cases are handled at once
  • The client rarely receives updates from their representative
  • No legal assistance experts involved
  • Lack of experience
  • The average whiplash claim is subject to delays
  • Time pressure, work pressure, targets that must be achieved

You can ask us to handle your whiplash claim on your behalf free of charge.

If your legal expenses insurer is not committed, you will not feel taken seriously.

Question 16. What costs are involved in providing legal assistance?

Answer: We do not charge people who have suffered an injury anything. Our lawyers provide their services to whiplash victims free of charge. This will be explicitly confirmed to you in writing beforehand. Our fees are paid by the other party or its insurer, as they are legally required to do.

In the event of a personal injury such as whiplash, the injured party is entitled to free legal support. Click here for more details.

ينص القانون الهولندي على أنه يحق لك المطالبة بالتعويض إذا أمكن تحميل شخص آخر المسؤولية القانونية عن إصابتك الشخصية. ويمكنك المطالبة بهذا التعويض من شركة التأمين التابعة للطرف المسؤول.

Question 17. Why do I need to seek legal assistance, and why JBL&G?

Answer: We always offer legal assistance free of charge. Even if it is subsequently established that there is no liability involved. This means that you can use the services of a personal injury lawyer without incurring any costs. This will save you time and energy. You will not have to examine the relevant laws and regulations yourself.

An experienced personal injury lawyer can ensure that your whiplash injury claim is settled in the best possible way, resulting in the highest possible settlement amount which is usually higher than the average whiplash claim. You may rest assured that you will not be required to pay for part of your damage yourself later if it turns out that it has not been fully compensated.

In the meantime, you can enjoy peace of mind while recovering from your whiplash as best as you can. Please be advised that a personal injury claim is often an arduous process. The other party’s insurer will do everything in its power to delay the matter. Disagreements may arise at any time. The extra worry and stress may jeopardise your recovery. Let us do the negotiating for you. Our lawyers are trained and experienced in this. We will do our best to prevent the insurer from delaying your case.

Please note that the average whiplash claim is serious and will result in considerable damages! Expert legal assistance from someone with years of experience is required. Why JBL&G? Because we have two medical advisors working for us who can immediately assess your medical damages and ensure that these are compensated by the insurer faster and with less fuss. We will take up your case as soon as you contact us, on the same day. Our clients award us an average score of 9.7. 100% of those who post a review recommend us.

Question 18. I have become unfit for work. What are my rights?

Answer: If you become unfit for work, you are eligible for compensation of all lost income. In addition, you are eligible for compensation of all unforeseen expenses.

If you are unable to work due to a whiplash injury, all existing and future financial and other damage resulting from it must be fully compensated. Our lawyers will accurately analyse the damage caused to your career. In case of highly complex claims, we will engage the services of an arithmetician. Vital tip: keep your employment contract, payslips, and annual statements in a safe place.

إذا كنت تعاني من آلام في الظهر بعد وقوع حادث، فمن المهم أن يقوم الطبيب بفحص أعراضك وتقييم حالتك.

Question 19. How long does it take to recover from whiplash?

Answer: Recovering from a whiplash injury may be a (very) time consuming affair. Sometimes the injury is even permanent.

  • Roughly 50% of patients no longer suffer any effects from the whiplash after 3 months
  • 85% – 90% of patients have no more complaints after 12 months
  • About 10% continue to suffer permanent or long-term effects

We advise you to contact your general practictioner for medical treatment and/or advice.

What happened?

Fill in the contact form below and receive free, no-obligation advice from our experts!

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Question 20. What are your most important legal tips for those who have suffered whiplash?

Answer: Here are the 5 most important whiplash tips from our lawyers:

  • See your general practicioner immediately (the same day or the day after). This is also important in connection with your right to compensation
  • Complete the claim form as soon as possible, or ask someone to help you
  • Write down how the accident/event occurred and its consequences
  • Do not make any statements to the other party or its insurer. Seek legal assistance first
  • Record your expenses as accurately as possible

Claim your compensation

Fill in the contact form to receive free legal assistance with your whiplash claim. Next, fill in the form with your personal details. You will be contacted by a personal injury lawyer the same working day to discuss the claim with you.

Frequently asked questions by personal injury victims

How does whiplash occur?

Whiplash is caused by the sudden overburdening of the cervical vertebra. This injury typically occurs after being hit by a car from behind but may also be sustained if you slip on a slippery floor, if an object falls on your head, or if you fall down the stairs.

What can I do if my whiplash complaint is doubted?

Contact us immediately. Our lawyers will review your personal injury claim and give you a second opinion free of charge. Whiplash complaints are often wrongly doubted. We can claim the compensation to which you are entitled on your behalf.

How do I find the best personal injury expert?

The best personal injury firms offer assistance free of charge. You are entitled to this under Dutch law. The best personal injury experts also have the Personal Injury Quality Certificate. Our lawyers possess these requirements in order to offer you the best legal assistance.

Read all questions here