Archive for the ‘whiplash injury claim’ tag
How To Calculate Whiplash Compensation Claims
Suffered a whiplash? A whiplash injury is very painful and you should be compensated appropriately. But just how much is the distress, discomfort and pain following your whiplash worth?
Regrettably, though, the amount of whiplash compensation you receive for your injury as a result of your accident will be determined by several variable aspects.
The Whiplash Compensation Claim
The primary of these variable factors will be based on the method you use to make your whiplash injury claim. If you decide to file the claim straight against the insurance company, you can expect to be compensated in compliance with the agreed settlement you reach with the insurance company.
On the other hand, if you make a decision to request the counsel of a solicitor who shall conduct your whiplash compensation claim, you may be eligible for compensation in two categories:
1. General Damages and/or
2. Special Damages.
General Damages For Whiplash Injury
The total sum of the compensation that you may be granted under General Damages is complicated to ascertain because you are compensated for the physical pain and anguish (i.e. the concrete injury for example a whiplash neck injury or perhaps even more critical) that you face as a direct consequence of the accident you were in.
Emotional pain and loss of life quality is something you also might be permitted to claim for as part of the General Damages you request in any whiplash injury compensation action.
Lastly, if the pain and suffering you go through as a consequence of your injury results in you suffering psychological disorders, for instance depression, then this can also be added in your compensation claim.
Even though the General Damages amounts decided by the courts will vary on the amounts the court have earlier awarded for a comparable injury, the facts of your medical report detailing the degree of the whiplash, the concrete injuries caused, and the likely damage the injury has had on your emotional condition will, all play a essential role in the whiplash injury claim.
Special Damages For Whiplash
Contrasting General Damages, Special Damages may be predetermined to some extent and are to be paid to you as a consequence of you having experienced specific special losses due to the accident.
Especially, Special Damages are payable on any loss of earnings (as well as any latent loss of earnings in the future as a consequence of the accident) you may have to suffer whilst you recuperate from the accident; car rental costs you must pay as an effect of your car being in the repair shop; expenses to pay for a person to look after you while you recover from your whiplash; and any medical attention you have paid for to treat the injury you should also include in your claim.
Remember, that if you decide to claim for Special Damages, you must maintain a meticulous track of all the expenses you have had and where achievable you’ll need to keep all your receipts.
Whiplash Insurance Settlement
If you make your mind up that you do not want to go through the courts with your whiplash injury compensation claim, you must reach a settlement agreement with the insurance company. In this situation you must make certain that you read the terms of the settlement agreement extremely meticulously because insurance settlement claims generally contain provisions:
- That after the insurance company have paid you the compensation for the whiplash, you can’t revive the claim at a later stage to seek to get extra money.
- Agree not to hold the insurance company legally responsible and accountable for costs or losses in the future.
- That the insurance company may choose not to pay a one-off payment, but rather pay you in installments.
Limited Period To Bring A Whiplash Compensation Claim
After you have suffered a whiplash injury, you must bring proceedings to court within a period of 3 years from the date of the injury. Failure to do bring the whiplash compensation claim to the courts, will result in you losing your right to make a claim.
Whiplash Injury Solicitor
If you have suffered a whiplash neck injury, a back injury, or any car accident injury, you should request a counseling with a personal injury solicitor or lawyer as soon as possible after the accident and in particular prior to signing any settlement arrangement with any insurance company since they will not only be able to tell you exactly what your rights and what compensation you are entitled to.