Whiplash claims 101
It is commonplace for people to suffer with injuries following an accident, amongst the most common of which is whiplash. It is perhaps why
whiplash claims make up the majority of compensation claims launched in this country. Despite the increasing numbers of claims being made, knowledge surrounding the claim process and what can be claimed for and how much one can claim is still very limited. It is also interesting to note that despite the growing numbers in
compensation cases, of the amount of accidents occurring on UK roads, only a small percentage of victims hold the ‘negligent’ driver accountable via the courts.
Considering just how painful whiplash injury can be, it is only fair that a victim is compensated accordingly. In order to do this one has to ponder over a number of variable factors that could affect the outcome of the claim. Firstly, will be your claim be made directly with the insurance company, if so then the amount you receive will be in line with whatever settlement agreement you have. If however you are looking to make use of a solicitors’ prowess then your claim will be further categorised as either General damagesor Special damages.
Claiming general damages
General damages for whiplash sufferers, usually refers to the actual damage felt by the victim. This would include the actual pain endured as a direct result of the accident and can include any other physical damages that were suffered from the incident such as a broken arm or leg. The amounts allocated for each injury vary from one individual although the legal system’s current benchmark for similar cases. Within this category it is not uncommon for a claim to include translating the impact of the injury into monetary value. This would include making a claim for any loss of enjoyment of life as well as any emotional pain associated with the accident and any injuries sustained.
It is not uncommon for victims of an accident to have their world as they know it turned upside down, if the emotional impact of a tragic accident has left an individual fearful of driving then there is a high likelihood that their financial capabilities will also feel the blow. Unable to drive they are forced to make use of other mediums, as a recluse will they be able to enjoy their social freedoms? If the answer is no then the accident and the driver responsible should be held accountable for their contribution to this new and unwelcome way of life.
Claiming for special damages
Special damages take into account the different ways in which the victim’s life has been affected by the whole ordeal. In this category one’s wages can be considered, if following the accident you have been suffering with whiplash injuries and are yet to say goodbye to them, then depending on your work you may be forced to remain at home for a prolonged period of time, each minute financially counting against you. To a certain extent special damages are fixed in their monetary value in the sense that if you are claiming for loss of earning it will be in relation to the amount you currently earn as opposed to say a blanket figure. In that sense the amount is relatively fixed based on you and the here and now.
Under special circumstances one can also pay for any costs they may have incurred as a result of the accident, was their car totalled and thus they had to make use of a rental? If they did then chances are they will have had to pay out of their pockets, something they as the victim should not have to do. Similarly if one has to participate in any rehabilitative activities such as physiotherapy or hydrotherapy then these costs too should be taken into account under the special categories umbrella. It is vital then that following an accident where you have sustained any form of injury, you make a note of all your expenses you have incurred as a result of the accident as the information may prove pivotal in your case.
Updated on 11/9/2008