How To Calculate Your Whiplash Claim?
How much is the pain and discomfort of your whiplash
injury worth? A fair question, after all a whiplash
injury is painful – so you should be compensated accordingly.
Unfortunately, however, the level of compensation you
get for your injury following the accident will depend
on a number of variable factors.
The Whiplash Compensation Claim
The first of the variable factors will depend on how
you make your whiplash
injury claim. If you make a claim directly against
the insurance company, then you will likely be compensated
in accordance with the settlement agreement you make with
the insurance company.
However, if you decide to seek the advice of a solicitor
to handle your whiplash compensation, then you could be
entitled to compensation categorised as
(i) General Damages and
(2) Special Damages.
General Damages For Whiplash
The overall amount that you may be entitled to under
General Damages is difficult to determine as they are
paid for the physical pain and suffering (i.e. the actual
damage – such as a whiplash neck injury or something more
serious) that you encounter as a direct result of the
accident you had.
You may also be allowed to claim for emotional pain and
loss of enjoyment of life as part of the General Damages
you claim in any whiplash injury compensation action.
Finally, if the pain and suffering you encounter as a
result of your injury causes you to suffer psychological
disorders, such as depression, then this may also be included
in your compensation
claim.
Although the General Damages sums awarded by the courts
will depend on the amounts the court have previously awarded
for a similar injury, the details of your medical report
detailing the extent of the whiplash, the actual injuries
caused, and the possible harm it has had on your emotional
state will, all play a pivotal part in the whiplash injury
claim.
Special Damages For Whiplash
Unlike General Damages, Special Damages can be fixed
to some degree and are payable to you as a result of you
having encountered certain special losses because of the
accident.
In particular, Special Damages are payable on any loss
of earnings (including any potential loss of future earnings
as a result of the accident) you may have to endure while
you recover from the accident; car hire expenses you have
to pay as a result of your car being in the repair shop;
if you have to pay someone to look after you while you
recover from your whiplash these can be recovered; and
if you have paid for medical attention to treat the injury
you can also include these in your claim.
If you want to claim for Special Damages you need to
keep a careful track of all the payments you have made
and where possible you'll need to have receipts.
Insurance Settlement
If you decide that you do not want to make a whiplash
injury compensation claim through the courts, then
you need to agree to enter into a settlement agreement
with the insurance company. In this case you need to make
sure you read the terms of the settlement agreement very
carefully as insurance settlement claims usually contain
provisions
(1) that the insurance company can pay you in instalments,
rather than a one-off lump-sum payment;
(2) that once you have been paid the whiplash compensation
by the insurance company you cannot reopen the claim in
the future to try and get some more money and agree to
no longer hold the insurance company liable for any future
cost or loss.
Limitation Period To Bring A Claim
If you have recently suffered a whiplash injury, then
you have a period of 3 years from the date of the injury
in which to bring proceedings to court. If you fail to
bring your whiplash compensation claim to the courts within
this time you will have forfeited your right to make a
claim.
Whiplash Injury Solicitor
Whether you have suffered a whiplash neck injury, back
injury, or bruising, in order to know exactly what your
rights are you should seek a consultation with a personal
injury solicitor or lawyer as soon as you can following
the accident and in any case before you agree to sign
any settlement agreement with any insurance company as
they will not only be able to tell you what your legal
rights are but also what compensation you should be entitled
to.
The Author
It's easy to proceed with a whiplash
compensation and gain maximum results without the
hassle, costs and confusion. Discover the 12 revolutions
of injury claims at http://www.100Percent-Compensation.co.uk
*The use
and distribution of this article is allowed, subject to
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Non UK Recommeded Resources
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