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PI Brief Update

It’s compensation not whiplash that’s the problem - Andrew Pemberton, Argent Rehabilitation

15/10/12. Independent medical experts, minimum impact of velocity, minimum levels of compensation, minimum levels of injury - they are all being considered as means with which to control the so-called compensation culture. This article will illustrate why it is unlikely any of these will have the desired effect on the market or the wider social perception of motor claims. There is, however, an alternative to financial-based compensation for personal injury claims.

We are assured by government that change to drive out fraudulent and unnecessary whiplash claims is certain. It seems their assumption is that the vast majority of whiplash claims are at best opportunistic and could be removed by a more vigorous assessment process and increased burden of proof on the injury. This is to miss the point of what drives the claimant and the market which is...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.