Claim for Whiplash: Requirements and Evidence

The so-called “whiplash” is one of the most common injuries following a rear-end traffic accident. Although it often leaves no visible traces on X-rays or MRIs, it can cause pain, stiffness, headaches, and functional limitations for weeks or months.

At GVC Abogados (García Valcárcel & Cáceres), based in Murcia, we advise and defend injured parties to ensure their damage is properly assessed and compensated in accordance with the current Traffic Compensation Table (Baremo de Tráfico).

What we understand by whiplash

It is a trauma caused by acceleration-deceleration of the neck that results in soft tissue (muscles, ligaments) strain and may present with pain, muscle spasm, and restricted mobility. It is common for imaging tests not to show conclusive alterations; therefore, the diagnosis is usually clinical, based on examination, evolution, and consistency with the mechanism of the accident.

Applicable legal framework: Traffic Compensation Table and Article 135

Law 35/2015 (Traffic Compensation Table) regulates minor spinal injuries —where whiplash fits in— and establishes criteria for compensation. The key is to establish the causal link between the accident and the injury through a set of objective and clinical elements, evaluated collectively. Among the criteria considered by forensic practice and the law are:

Chronological criterion: the first medical assistance must occur early after the incident (approximately within the first 72 hours), unless justified.
Topographical criterion: anatomical consistency between the mechanism of the accident (e.g., rear-end collision) and the injured area (cervical).
Intensity or biomechanical criterion: compatibility between the severity of the impact and the described injury, assessing damage to vehicles, position of occupants, and other circumstances.
Exclusion criterion: absence of sufficient alternative causes (uncompensated pre-existing conditions, other injurious events).
Continuity and clinical consistency: persistence and coherence of signs and the evolution of the condition over time, in accordance with medical documentation.

The regulations do not require a specific radiological test to recognize whiplash; the clinical findings and their consistency with the incident may suffice if they meet the above criteria.

Key requirements for the claim to succeed

Early medical assistance: go to Emergency Services or primary care as soon as possible and state that you have suffered a traffic accident.
Coherent and stable account: the mechanism of the accident must be compatible with the injury and remain the same in the amicable report, police report, and medical history.
Complete documentation: keep emergency reports, follow-up reports, rehabilitation and discharge documents, along with supplementary evidence when applicable.
Regular therapeutic follow-up: attend appointments and complete the recommended physiotherapy, avoiding prolonged gaps without justification.
Exclusion of alternative causes: if there are cervical antecedents, document the prior situation and substantiate the aggravation or new injury.
Record of damages: justify work absences, limitations in essential activities, and healthcare or transportation expenses.

Essential evidence to substantiate whiplash

Amicable report or police report and details of the incident: date, time, place, vehicles involved, and insurers.
Emergency report issued promptly and with explicit mention of the traffic accident.
Follow-up medical reports (general medicine, traumatology, rehabilitation), documenting objective clinical signs (muscle spasm, pain on palpation, mobility limitation) and progression.
Supplementary tests when indicated (X-rays, MRI, muscle ultrasound, electromyography), knowing that they may be normal in many whiplash cases.
Medical expert report assessing causal link, days of recovery, personal injury (basic or specific), and possible sequelae according to the *Tablas del Baremo* (Compensation Tables).
Vehicle assessment and/or biomechanical report to analyze compatibility between the impact and the injury, especially in cases of “low intensity”.
Proof of economic damages: payslips to substantiate loss of income, pharmacy receipts, rehabilitation invoices, transportation, and other expenses.
Witness testimony (occupants, witnesses) and photographs of positions and material damages.
History of communications with the insurer (prior claim, response, and reasoned offer).

How to overcome the “low intensity” objection

In impacts with minimal material damage, insurers often deny the causal link. The assessment cannot be based solely on the condition of the vehicles: it is necessary to consider the entire set of legal criteria. A solid medical-expert report, along with chronological and topographical coherence and the exclusion of other causes, can be decisive in estimating the claim.

Procedure: from the prior claim to the lawsuit

Initial assistance and evidence collection: report, statement, emergency care, and follow-up.
Prior claim to the insurer: must include sufficient clinical documentation; the company has a deadline to respond with a motivated offer.
Negotiation and offer: an independent assessment can be requested and medical expertise provided. If the offer does not cover the damage, it is rejected with justification.
Civil lawsuit: if no agreement is reached, the judicial route is taken, providing all evidence. The general limitation period is one year from the stabilization of the injury (which can be interrupted by a formal claim).
Interest for delay if the insurer fails to comply with its obligations regarding offer and payment in accordance with insurance regulations.

Compensation: what is assessed and how is it calculated

The Traffic Scale distinguishes between temporary personal damages (days of recovery and their intensity), sequelae (with valuation points and correction factors), and property damages (medical expenses, travel, workplace adjustments, loss of income). The final figure is obtained by applying the official Tables, updated annually, to the specific clinical situation of the injured party and the documentation provided.

Common mistakes that can ruin your claim

Not going to Emergency Services or delaying assistance more than reasonably without justified cause.
Inconsistent accounts between the report, statement, and medical reports.
Interrupting rehabilitation or not attending scheduled reviews.
Signing a settlement or accepting a low offer without expert advice.
Not keeping invoices, expense receipts, or proving loss of income.
Publications on social media that are incompatible with the alleged limitations.

What we do at GVC Abogados for your whiplash case

At García Valcárcel & Cáceres (GVC Abogados), with a legal tradition in Murcia since 1946, we combine the experience of our lawyers with trusted medical experts to build solid claims for cervical injuries:

Legal viability and strategy from the first consultation.
Obtaining and organising your medical history, identifying gaps and evidential needs.
Medical expert report aligned with the *Baremo* (Compensation Table) and the criteria of Article 135.
Firm negotiation with the insurer and, if appropriate, legal action.

Our office is located at Plaza Fuensanta, 3 – 6ºB, 30008 Murcia. We serve the entire Region of Murcia and neighbouring provinces.

Why choose us in Murcia?

Specialists in traffic accidents and civil liability and insurance, with a demanding evidential approach.
Multidisciplinary team: lawyers, legal experts, and medical experts for complex cases.
Close and prudent treatment: we analyse each case before proceeding, seeking the maximum realistic compensation.

Frequently asked questions about whiplash

Is an X-ray or MRI essential to claim?

Not necessarily. In many whiplash cases, the images are normal. Compensation is viable if the clinical picture, documented and consistent with the accident, exceeds the criteria of the *Baremo* (Compensation Table).

What if I went to A&E after 72 hours?

Early assistance is very relevant. If there was a delay, it must be justified (mild initial symptoms that worsen, difficulties attending, etc.) and the other criteria (topographical, exclusion, clinical consistency) must be reinforced.

Can I claim if the cars have hardly any damage?

Yes, it is possible. Material damage is an indication, but not the only one. The assessment is made jointly with the other medical and expert evidence.

When does my action expire?

Generally, one year from the stabilization of the injuries. A formal claim to the insurer interrupts the statute of limitations.

Contact and other areas of the firm

If you have suffered a whiplash injury in Murcia, rely on GVC Abogados to manage your claim with medical-legal rigor and maximum efficiency. Additionally, our firm also advises on private and public law. If you are looking for lawyers in Murcia with proven experience, we can assist you in:

Family law lawyers: divorces, parental measures, custody, and alimony.
Inheritance lawyers: wills, partitions, legitimate shares, and succession disputes.
Real estate, commercial, and succession law, medical negligence, immigration, administrative, and criminal law.

Call us and we will guide you without obligation on the viability of your case.