Calculating Whiplash Claims
When considering application for a whiplash claim, one might wonder how you value such a thing in the first place. To make this easier we have compiled as much information about the variables that determine the level of compensation you might get for your injury following an accident.
The first factor to take into account is how you go about making your claim. If you go right ahead and make a claim directly against the insurance company, then you will probably be compensated in relation to any settled agreement that is made with the insurance company.
If you decide instead to get the advice of a solicitor to work through your whiplash compensation, the compensation you would then be entitled to would be put into the category of either General Damages or Special Damages.
General Damages is a category in which it is more difficult to calculate the end amount you would end up with, as they are dependent on physical pain and suffering experienced as a result of your injury and accident. You can also claim for emotional pain of loss of enjoyment in your day-to-day life under General Damages. If the pain and suffering you are dealing with leads to depression or any other psychological disorder, you can also include this in your compensation claim.
General Damages compensation given by courts will of course depend on previous amounts give for similar injuries, though all the details included in your medical report and the extent of the damage to all areas of your life by the injury, will play an enormous role in determining the end sum.
Special damages were the other kind mentioned, and unlike General Damages they can be pre-determined to some extent, and are payable to you as a result of any special losses you had to deal with as a result of your accident.
Special Damages cover any loss of income, as well as any potential loss in the future as a result of your accident during your recovery time. It would look at car hire expenses you might have to pay as a result of your car being repaired at a garage, also if you end up paying someone to look after you while you recover from your whiplash and if you have paid for medical attention to treat the injury these may also be added to your overall claim.
If you plan to claim for such things, you will need to keep careful track of all your payments, and keep a hold of any receipts as proof.
If you really don’t like the idea of making a whiplash injury claim through the courts, then you will need to enter into a settlement agreement with the insurance company. In this case, it is recommended you read and re-read the terms of the settlement agreement, as they usually contain specific requirements.
Some such requirements can be things such as the insurance company being able to pay you in instalments rather than a lump sum or that you cannot reopen the claim after payment.
Updated on 16/06/2009