Unfortunately for defendants – fortunately for claimants medical opinion is that soft tissue injuries ,
( commonly referred to as whiplash ) can be caused by a low velocity impact . It is not necessarily the speed of the impact , but rather the movement of the body , especially the neck , that causes injury .
Now , I’m not saying that all low velocity impacts are going to cause ST injuries - it depends on the individual .
There is no doubt that some claimants are lying , when they state that they have suffered injury . They are just working the system .
However it is very difficult – indeed nigh on impossible to prove that someone is lying , if they are claiming whiplash injuries .
Afterall , if I say that my neck hurts – how are you going to prove that it doesn’t .
In high value claims where claimants are suspected of exaggerating injury , it is usual practice for defendants to put the claimant under surveillance .
However in run of the mill cases , this is not cost effective , and compensators just accept that this is the lay of the land