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26.17 One fruitful area for cross examination of experts in the field of soft tissue injuries to the neck and lower spine is to inquire as to whether the expert has himself carried out any studies into the long term effects of RTAs which cause whiplash injuries. So often Claimant experts assert, without any reference to the published reports, that the majority of such injuries result in long term disability and Defendant experts opine that such injuries all clear up within 3-6 months and that any continuing symptoms thereafter are all in the mind or down to a desire for compensation.

26.18 Undermining the experts evidence is the basic meat and drink of the personal injury advocate. Diagnosis is so often clear in RTA cases involving whiplash. It is the prognosis which falls into issue. Should that Claimant have recovered by now? If so why? In such cases the relevant determining facts are often as follows:

- What was the mechanism of the accident? Was it a hyper extension-flexion injury? Was there an element of rotation?

- What was the force of the injury? Was the Claimant stationary in a Ford Fiesta when she was rear ended by an articulated lorry going 30 mph? Or was she in a Volvo estate, with head rests, travelling at 20 mph rear ended by a motor cycle travelling at a mere 25 mph?

- What were the Claimant's immediate post accident complaints? Did she get out of the car and make no complaint of pain to the police? Did she go straight to casualty and complain of pain in the neck and lower back with pins and needles in her arms?

- What is the Claimant's history of treatment after the accident? Has she returned to work within a week and continued playing golf and doing aerobics or has she been prevented from working for 6-12 months and taken a wide rage of treatment including physiotherapy, injections and pills and still suffered disabling pain?

- What pre-accident history did the Claimant have? Was she fit and healthy with no prior neck and back complaints at all or did she have a long history of musculoskeletal disorders leading to osteopathic treatment and depressions?

- What continuing complaints are made? Are they consistent in site and extent or are they variable and moveable?