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If you have been involved in a car accident and suffered a whiplash injury and decide to make a claim for compensation, what will that claim include? How much compensation are you likely to receive and what will the compensation be for?
The purpose of this article is to investigate all the elements of a whiplash settlement so that you can ask the right questions to your solicitor or other legal advisor.
Whiplash Pain. Normally the most significant part of a whiplash settlement relates to the pain and suffering that you experience. This can include severe pain to your neck, restriction of range of movement of your neck along with headaches, dizziness and often sickness. You may also experience pain in your upper back and also your shoulders.
The pain and suffering that you experience will determine the amount of compensation you receive. If you make a full recovery from your whiplash pain within a matter of weeks you might receive compensation for your pain and suffering in the region of 1,000, however, if the severity of your pain and suffering is more significant (i.e. carries on for longer and/or is more intense) the amount of compensation you are likely to receive also increases.
Every claim made for whiplash compensation is assessed on its individual merits. However, whoever you ask to help you with a claim will have access to a book called the Judicial Studies Board Guideline for the Assessment of General Damages. This is the oracle for personal injury claims and sets out brackets of awards for compensation.
The top end of the scale for whiplash settlement will be in excess of 10,000. Thankfully most people do not have the most severe forms of whiplash so their settlements for this part of the claim will not be that high. Where your claim will fall within this bracket will depend on the length of time that you suffer and the severity of your pain. The average whiplash settlement is usually in the bracket of 2,000 to 5,000.
This aspect of your claim is called general damages and is for your pain and suffering. However, there are also other items that form a part of your overall compensation settlement.
Loss Of Amenity. The loss of amenity claim is sometimes ignored but on occasions can increase the amount of general damages you receive. Loss of amenity relates to your inability to carry out your usual hobbies, pastimes or sports. For instance, if you are a keen footballer or gardener and you are restricted from partaking in your sport for weeks or months, you may receive an additional element of compensation for the loss of enjoyment of your hobby or sport. If you are only restricted for a matter of a few days it is unlikely that the insurance company for the other driver will make any offer for your loss of amenity. However, for longer lasting whiplash claims this can amount to a few hundred or even thousand pounds in addition to the amount above.
Losses And Expenses. In addition to your claim for general damages (pain, suffering and loss of amenity) you can also include claims for your losses and out of pocket expenses as a part of your whiplash settlement.
This can include loss of earnings, including losses of any bonuses or overtime that you would have received had you been fit. You will prove this aspect of your claim by keeping copies of your payslips both before and after the accident. In addition, you can also claim for any private medical treatment (physiotherapy/chiropractic treatment), medication and travelling expenses to see physiotherapists or chiropractors.
Negotiation Of A Whiplash Settlement. Once your legal advisor has obtained all of the required evidence (medical evidence to confirm your pain and suffering and receipts for all of your expenses and losses) they will approach the other drivers insurance company and seek offers in settlement. They will advise you of the likely amount of compensation you will receive and then will negotiate hard on your behalf to make sure they receive the best offer possible for you.
In most cases you should keep all of the compensation paid to you and your legal advisor will claim the cost of their time in helping you from the other drivers insurance company in addition to your claim for losses and expenses.
