subject: Guide To Compensation For Whiplash [print this page] Guide To Compensation For Whiplash Guide To Compensation For Whiplash
Copyright (c) 2010 Robert GrayIf you have suffered a whiplash injury as a result of a road traffic accident, or other type of accident, you may be considering making a claim for compensation and may wonder how the amount of compensation you receive will be calculated.Whiplash injuries vary in their severity from minor neck discomfort which disappears within a few days or weeks to more severe whiplash where symptoms, often in your neck and back, persist for 6 months or more. In minor whiplash cases the sufferer may experience little or no effect on their day to day life whereas in the more severe cases of whiplash the sufferer may require time off work, and may experience an inability to carry out their usual hobbies or household chores. They may also suffer from anxiety and mild depression brought on by their ongoing symptoms.Your claim Your claim will be split into two parts - your claim for the pain and suffering you have experienced due to your actual injury (called your 'General Damages' claim) and your claim for any out of pocket expenses you have incurred as a direct result of the accident (called your 'Special Damages' claim). Your special damages claim is quantifiable, meaning that your solicitor has the ability to calculate exactly how much you have lost by looking at, for example, invoices for medical treatment, receipts for additional travelling expenses and pay slips in relation to a claim for lost earnings.The assessment of your general damages claim is carried out in a very different way. Your solicitor will arrange for you to attend upon an independent medical expert who will examine you, assess your injuries and prepare a report detailing the injuries you have sustained and providing a prognosis for the future (i.e. he will estimate a time by which you will have fully recovered from your injuries). Your solicitor will then look at previsouly settled cases, where the Claimant has suffered similar injuries (and has taken a similar amount of time to recover) to you to assess how much your claim for general damages may be worth. Your solicitor will also use guidelines called the 'Judicial Studies Board Guidelines' to place a value on your claim. They will then submit the medical report to the other party's legal representatives who will carry out their own assessment of quantum (i.e. the value of your claim).When both parties have had an opportunity to view the medical evidence, and have seen the claim for special damages, negotiations will take place. One party, usually your own solicitor, will put forward an offer in settlement of your case (with your agreement to do so) and will then wait to see whether the other side accepts the offer or puts in a counter offer at a slightly reduced rate.It is usually the case that claims for whiplash are settled by way of successful negotiations between the parties, however, if the parties cannot reach agreement then court proceedings will be issued and the amount of compensation awarded to you will be decided by a judge.
