Whiplash Claim Injury
Whiplash claims are the most common personal injury compensation claims in the UK, where thousands of people claim compensation for whiplash injuries every year, accounting for £1.9 billion in insurance payouts annually.
Whiplash compensation claims are made by people involved in a road traffic accident- particularly those people who have been involved in a rear end shunt.
Caused by any acceleration/deceleration event involving the unrestrained head, whiplash injury usually involves the stretching or tearing of muscles, ligaments, tendons or nerves of the neck. An acute whiplash injury may also result in a soft tissue trauma.
However whiplash injuries are not always life-threatening but they are always painful. In addition to being painful, whiplash often affects a victim’s ability to carry tasks at work and enjoy day to day activities.
Making a claim
For people in this situation, making a whiplash injury claim is something to be considered. As whiplash claims are usually made against the insurance company and the claim amount is settled by using the automobile accident insurance policy of the insured, it is important to collect all the documentary evidence required in order to make a favourable whiplash claim.
Anybody can claim compensation for whiplash, but basically it depends on how much he/she has been at fault and how severe his/her injuries really are. The amount of compensation a person could receive for his/her whiplash injury claim will depend largely on the severity of the injury.
As there are many other causes of whiplash injuries and each situation is different, it is necessary for the victim to prove that the injuries suffered were due to the negligence of the third party.
The symptoms and recovery time for whiplash injuries vary; as does the compensation amount a person could receive. These compensation claims are somewhat difficult to calculate because a lot of the time, symptoms are not recognised immediately after an accident.
Whiplash injury is very painful and there are two different types of compensation that are available for victims of this neck injury — General Damages and Special Damages.
General Damages for whiplash injury includes compensation for physical pain, emotional pain and also for the loss of enjoyment in life due to the effects of the injury.
Special Damages are awarded when there has been a loss of earnings whilst recovering from an accident.
Lost earnings are considered as additional compensation, calculated by how long the victim has been immobilised by the injury. Special damages are also awarded if a car needs to be repaired as a result of the accident.
In order for a successful whiplash compensation settlement to be made, it is important to seek medical assistance immediately after the accident as the medical record could be a substantial proof in pursuing the claim.
The injured person should seek the advice of a good personal injury lawyer before filing a whiplash claim - as only a specialist whiplash injury lawyer could guide a person well in advance in order to make the best possible recovery out of his/her compensation claim.
There are no fixed amounts when it comes to whiplash compensation, but an expert injury lawyer can make a big difference by helping you get the best compensation package through negotiations.
Updated on 26/02/2010