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whiplash diagnosis after accident
Have you had an accident that caused your head and neck to swing? Then you may be diagnosed with whiplash .
A whiplash diagnosis is made when you experience whiplash symptoms after an accident. This is often a rear-end collision. However, other causes are also possible.
About 50% of people diagnosed with whiplash recover completely within three months. However, this also means that the other 50% continue to experience symptoms for longer than three months. For 20% of people, their whiplash symptoms are even permanent!
People choose us because:
- 15,000+ victims helped
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Complaints after whiplash diagnosis
The diagnosis of whiplash primarily involves neck pain and all related complaints. Below is an overview of common complaints associated with a whiplash diagnosis.
- Pain in your neck
- Shoulder pain
- Fatigue
- Lack of concentration
- Forgetfulness
- Tinnitus
- Dizziness
- Becoming irritated more quickly
- Tingling in the fingers
In many cases, whiplash symptoms appear quite soon after the accident. However, the shock of the collision can sometimes cause symptoms to develop later.
Causes of the diagnosis of whiplash
The diagnosis of whiplash is made based on the results of an examination by a doctor.
Symptoms of whiplash can arise in several ways. Below is an overview of possible causes:
- Behavior of an animal
- Bad road
- Tripping, slipping or falling
- An accident at work
- Accident in Public Transport
- Motorcycle accident
- Bicycle accident
- You were sitting in the back or were a passenger
- Collision on a moped or scooter;
- Car accident.
All these accidents each have their own legal pitfalls, which can sometimes make it difficult to obtain compensation for your damages.
Want to know if you're entitled to compensation after a whiplash diagnosis? Feel free to contact us for a free consultation.
How can I help you?
Floris de Bruin
Commercial Director
Commercial Director
The impact of a whiplash diagnosis
A whiplash diagnosis often leads to financial worries. In addition, the physical and mental symptoms also impact your social life and family. The impact of a whiplash diagnosis is therefore significant!
It's understandable that you might need support from others after a whiplash diagnosis. You might need to enlist the help of family or friends around the house. But what about the costs? And what if you also lose income?
It's perfectly logical that you want to be compensated for your financial losses by the at-fault party. This party is usually a professional commercial insurer with much more experience and, ultimately, their own financial interests.
Without the help of a specialized personal injury agency, it is therefore almost impossible to obtain fair compensation for your damages.
Have you been diagnosed with whiplash after an accident? Seek legal advice. Especially if your symptoms persist for a longer period, your financial losses can quickly mount up. Our advice costs you nothing, and you are under no obligation whatsoever. You choose what to do with our advice.
If we both conclude that you would benefit from legal assistance, you'll hear from us, and we guarantee that this assistance 100% free of charge .
Liability in the diagnosis of whiplash
Was your whiplash caused by someone else's actions? Then you can hold them liable and recover damages.
In some cases, you're even entitled to compensation if the accident was your own fault. This is the case if you were involved in the accident as a pedestrian, cyclist , or passenger.
You'll also receive compensation if you have Passenger Injury Insurance. You can also claim on this insurance if you were the driver who caused the accident!
Have you been diagnosed with whiplash due to a workplace accident or the actions of an animal? Then you are almost always entitled to full compensation.
Wondering if you're entitled to compensation? Feel free to ask for advice. Our advice is 100% free and without obligation. This way, you'll know exactly where you stand.
Extent of compensation after whiplash diagnosis
The amount of your compensation following a whiplash diagnosis depends, among other things, on the severity and duration of your symptoms, and on the financial consequences the injury has for you.
Here you will find the most common damages when diagnosing whiplash:
Reimbursement of additional costs
- Damage to clothing and personal property
- Costs of care and assistance at home
- Costs of transportation for medical treatments
- Health insurance deductible
- Costs of medication and treatment
- Required aids (e.g. crutches or a wheelchair)
- Maintenance costs for garden and home
- Care for small children or pets
Loss of income
- You will not be paid (in full)
- You are covered by the Sickness Benefits Act
- With a 0-hour contract you will no longer be called up
- No extension of your annual contract
- Dismissal during your probationary period
- No irregular hours allowance or overtime compensation
- No bonus or profit sharing
- Missed career opportunities: no promotion
- No pension build-up
- You become unemployed or receive WIA benefits
Delay in your studies
- You missed exams or were unable to complete a mandatory internship due to the injury
Compensation for pain and suffering in the event of a whiplash diagnosis
Apart from the direct financial damage described above, you are also entitled to compensation for non-material damage. This is also known as pain and suffering.
Non-pecuniary damages are compensation for your "diminished enjoyment of life" due to the injury. They also compensate for any psychological damage caused by the accident. And, of course, for all the pain, discomfort, and distress you've experienced since your whiplash diagnosis.
How can I help you?
Floris de Bruin
Commercial Director
Commercial Director
Insurers' attitude towards whiplash diagnosis
Insurers are extremely critical of the whiplash diagnosis. A commercial insurer simply won't recognize the whiplash diagnosis unless your symptoms disappear within a few weeks or months.
If your financial loss remains relatively limited, a liability insurer will usually not raise a concern. But if you continue to experience complaints for a longer period, or if your injury is permanent and your financial loss increases significantly as a result, the insurer will almost always engage in a full-fledged discussion with you.
What arguments do insurers use to avoid paying compensation for a whiplash diagnosis? Some more or less standard arguments are:
- That whiplash is not medically demonstrable, or can only exist for a short period of time;
- That your whiplash complaints are not caused by the accident, but by something else;
- Your whiplash complaints already existed before this collision;
- “There is virtually no damage to the car, so your complaints cannot be caused by the collision.”.
Don't agree with this! These arguments are not only unreasonable and lacking in empathy, but often also legally unfounded.
It's difficult to have such discussions with an experienced and seasoned insurer on your own. Therefore, always seek legal advice as soon as possible before you potentially accept too low a compensation payment.
Only with the help of a specialized personal injury agency can you be assured of fair compensation and be sure that you will not ultimately lose out.
Legal assistance after a whiplash diagnosis is always 100% free
Are you worried that our specialized legal assistance will cost you money, or that part of your compensation will go to us? Don't worry!
Dutch law stipulates that a liable opposing party must also reimburse your legal costs, separate from your own compensation for damages. This is stated in Article 6:96 of the Dutch Civil Code.
Our legal assistance is always 100% free of charge. We also won't deduct anything from your compensation. We'll give you a written guarantee upfront that you won't have to pay anything for our assistance. We promise!
Always seek advice after a whiplash diagnosis following an accident!
Without the expertise of a specialist personal injury agency, it will be very difficult to obtain fair compensation for your damages after a whiplash diagnosis.
So don't take any risks, ask for advice , and choose our 100% free, specialized legal assistance. Send us a message or fill out the contact form. Whatever suits you best.
Curious about your chances?
How can I help you?
Floris de Bruin
Commercial Director
Commercial Director
About the author
The information on this page was written by Floris de Bruin, a specialist in liability and personal injury. The content of this page fully complies with the requirements of the National Quality Mark for Personal Injury (NKL).
What customers ask
Is your help really free for me?
Absolutely, our help is truly FREE.
Your counterparty is also obligated to reimburse your legal costs (i.e., our firm's fees). This is stipulated by law (Section 6:96 of the Dutch Civil Code).
At Van der Toorn Personal Injury, you'll receive a written cost guarantee upfront with a clear explanation. This also clearly states what you can expect from us and what we can expect from you.
We guarantee that the liable party will reimburse our costs. If they don't, it's our business risk. You'll never receive a bill from us. We promise!
Still unsure? Just contact us. We'd be happy to explain how our cost guarantee works.
If you'd like to learn more about our FREE personal injury assistance, click here. Clarity is paramount!
When can I claim personal injury damages?
You can claim damages for personal injury if you have suffered an injury (been injured) due to the fault of another person
Personal injury can be caused by, for example:
In addition, you may think of injuries sustained during:
- organized trip
- unsafe product or
- fall at someone else's home, in a shop or on the street
It's best not to wait too long to file a personal injury claim. It's best to do so immediately after the accident.
Even if it is not yet clear at that time what your injury and its financial consequences consist of.
However, someone else must liable and must have taken out liability insurance for this (AVP/AVB/WA).
However, even if you caused the accident yourself, you can sometimes still claim compensation for personal injury. For example, if you SVI (Passenger Injury Insurance) or SVO (Opzittende Inschadende).
Are you unsure whether and when you are entitled to personal injury compensation?
Don't hesitate to contact us now for a free, no-obligation consultation. It's free , and you'll know exactly where you stand. Afterward, you can decide for yourself what to do with our advice.
What injuries do you treat?
We can actually help you with all types of personal injury
Van der Toorn Personal Injury can help you with all types of injuries. We specialize in handling "serious personal injuries," such as:
- brain injury (ABI)
- spinal cord injury
- burns
- dystrophy
- bone fractures and
- cosmetic injury.
But of course, we are also very happy to be there for you if someone else has sustained an injury. Such as neck injuries, whiplash, back injuries, bruises, sprains, dog bites, temporary injuries, and you name it.
We cannot help with all types of personal injury
The only thing we cannot help you with is personal injury caused by:
- violence
- medical errors and/or
- situations of abuse.
In that situation, we will of course refer you to a party that is specialized in this.
Always request free, no-obligation advice on personal injury claims
Do you have questions about your personal injury? Or are you unsure if we're the right place for you?
Please do not hesitate to ask us for a complete and free, no-obligation personal injury claim consultation.
When should I contact you?
You don't have to! But it's in your best interest to contact us as soon as possible
Only then can you be certain that there is someone who thinks solely of your interests . Because that is our job: thinking of *your* interests.
But what is: as quickly as possible?
Sometimes an insurance company will contact you very shortly after the accident. They'll ask how you're doing and also ask for all sorts of other information.
You cannot know whether that insurer is asking “too many questions” from a legal perspective. About your health before the accident and which doctors you visited. You would rather avoid that, wouldn't you? So never wait too long to engage a personal injury firm.
It's also likely that you'll quickly incur significant expenses . Or your incomemay disappear. We'll handle the initial damage payments from the other party. Then you can focus on your recovery.
Would you like to know what's best for you? Don't hesitate to contact us , without obligation
We'll give you clear advice right away . Then you can decide for yourself what to do with it.
If we think we can help you, we will let you know right away.
At the same time, we guarantee that our legal assistance completely free of charge .
To learn more about our FREE personal injury assistance services, click here.
What personal injury compensation amounts am I entitled to?
The personal injury compensation amounts you are entitled to are:
Allowances for additional assistance, such as:
- household help, shopping, taking children to school, etc.
- help in the garden and
- help with the maintenance and painting of your home.
In addition, your personal injury may have consequences for your income, such as:
- income that is not fully paid (self-employed person, temporary worker, zero-hour contract, etc.)
- no more irregular hours allowance
- no longer being able to work overtime
- missed promotions and
- missed pension accrual
Finally, you can consider other equally important personal injury compensation amounts, such as:
- Study delay
- Reintegration costs for guidance to other work
- Costs associated with admission to a hospital or rehabilitation center
- Travel expenses
- Medical expenses
- Non-pecuniary damages
- Economic vulnerability
- Statutory interest
- Furthermore, all costs that you would not have incurred without the accident…
- For example, the wages you did not receive because you could not go to work.
- Gasoline because you had to go to the hospital or the physiotherapist.
- Medicines that were covered by your deductible.
In addition, you are always entitled to compensation for pain and suffering, also known as non-material damages.
This is compensation for "loss of enjoyment of life." Your damages should compensate you for your grief, pain, and anything else that might have made you less happy than before the accident.
Unfortunately, Dutch law is not generous in awarding damages for pain and suffering. Therefore, the amounts awarded in the Netherlands are not considered "fair enough.".
If you'd like to learn more about non-pecuniary damages, click here. If you'd like to learn more about personal injury damages, click here.
Calculating non-pecuniary damages
Calculating non-pecuniary damages:
You are always entitled to compensation for pain and suffering. This is the "non-pecuniary component" of your personal injury compensation.
What is non-pecuniary damages?
Pain and suffering compensation is not in itself a “hard legal term”. It is compensation for damage that cannot be expressed in monetary terms.
So, everything that doesn't fall under additional costs or lost income. It's essentially compensation for your "mental damage.".
How to calculate non-pecuniary damages
People often ask us at the very beginning of their personal injury case how much compensation they are entitled to.
That question is actually impossible to answer. And any personal injury lawyer who claims otherwise is mistaken.
When can you calculate my non-pecuniary damages?
Your compensation for pain and suffering can only be definitively determined at the end of your personal injury case.
Only then will it be known what psychological consequences your injury has had and/or will have for you.
Because it is the psychological consequences that largely determine your compensation for non-pecuniary damages.
Important factors in calculating non-pecuniary damages
Important factors for calculating your non-pecuniary damages include:
- the nature of your injury
- the severity of your injury
- your age
- your gender
- your level of consciousness
- whether you will have permanent scars and where those scars are located
- whether you have physical limitations that affect your quality of life
- how much pain have you suffered and continue to suffer
- how long your recovery period was and
- whether you have recovered at all or whether there is permanent damage.
Indication calculation of non-pecuniary damages:
We cannot predict exactly how much your compensation for non-pecuniary damages will be.
What we can do is give you a general indication of the amount of your compensation for pain and suffering.
If this sounds appealing, contact us today for a free, honest consultation. Afterward, you can decide for yourself what to do with it.
We are happy to help you calculate and claim your compensation for pain and suffering and other personal injury damages, such as your additional costs and lost income.
And if you choose our legal assistance, we guarantee you in writing in advance that our assistance will always FREE .
Calculating non-pecuniary damages? Ask for advice! We're happy to help. Want to know more about calculating non-pecuniary damages? Click here.
Stories from the field
After the collision, we started having neck pain; we could no longer work..
It happened when I was driving to work with a colleague. Just on the highway, not even in a traffic jam. It was, of course, busy during the morning rush hour. We were going about 70 km/h. Someone behind us wasn't paying attention and crashed right into us. We didn't see it coming at all.
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