subject: Factors That Affect The Injury Compensation Amount [print this page] A car crash or a trip and fall may cause sudden movement in the neck and upper spine which results in a whiplash injury. The safety belt you wear during driving prevents your body moving towards the front. However, it does not prevent your head from moving forward. This sudden jerk may cause damage to the neck and shoulder region leading to pain and stiffness. A sudden fall may also cause such an injury.
If the cause of the accident was the negligence or fault of someone else, you may file a claim for compensation. How much compensation would you get for your injuries? A solicitor would be able to explain how the calculation of compensation you receive for your injuries is done. However, before you get in touch with a solicitor, here is a look at some of the factors affecting the amount of compensation you receive.
The type and extent of the injuries: The amount you recover from the individual at fault for the accident is to compensate for the injuries you sustain. In case your injuries are minor, the amount of compensation would be less than what you get for a serious whiplash injury that affects your spine permanently. The impact of the injuries and the treatment and care you need are determining factors affecting the amount.
The existence of negligence: Not all accidents are the fault of another individual. In some circumstances, the negligence is so obvious that there is no dispute regarding liability. For example, when another driver hits your car while talking on his mobile phone, the fault is obvious. In such a situation, establishing liability for the accident and the subsequent injuries would not be difficult.
The contribution of the victim: If you were partially at fault for the accident, the amount of compensation you receive for the injuries would decrease in proportion to the degree of your negligence. For example, if you were texting while driving and a drunk driver hits your car, you may still obtain compensation. However, the amount of compensation would be reduced because you were partially responsible for the accident as well.
The circumstances of the accident: At times, the circumstances may enhance the chances of an accident. For example, poor road conditions and a reckless driver would be a perfect recipe for disaster. Even when the other driver is negligent, this may affect the amount of compensation you receive for the injuries you sustain. Your solicitor would explain whether this affects the whiplash compensation.
The related damages: Two types of compensation are available for these injuries general damages and special damages. General damages aim to compensate the pain and suffering you face due to the accident as well as the psychological trauma that may result from the injuries. Special damages aim to compensate the financial losses that are the direct or indirect result of the injuries.
Consult a solicitor if you were involved in an accident, for which someone else was at fault, and you sustain injuries in the head and neck region.
