Determining the worth of your whiplash injury pain and discomfort is a valid consideration, as whiplash can be significantly painful, warranting appropriate compensation. However, the compensation amount for your injury following an accident depends on several factors.
**Understanding Whiplash Compensation Claims**
The initial factor influencing your compensation is how you file your whiplash injury claim. Directly negotiating with the insurance company may lead to compensation aligned with their settlement agreement.
Alternatively, seeking guidance from a compensation solicitor could entitle you to compensation categorized as:
* General Damages
* Special Damages
**General Damages for Whiplash**
Calculating the exact amount for General Damages is challenging, as it covers physical pain and suffering resulting directly from the accident, such as a whiplash neck injury or other serious injuries. It can also include emotional distress and diminished enjoyment of life. Psychological disorders like depression stemming from the injury’s pain and suffering may also be included in your claim.
While court-awarded General Damage sums adhere to established guidelines, your medical report’s specifics detailing the whiplash extent, injuries, and emotional impact significantly influence the whiplash injury claim.
**Special Damages for Whiplash**
Unlike General Damages, Special Damages are more quantifiable and compensate for specific losses incurred due to the accident.
Specifically, Special Damages cover lost earnings (including potential future losses), car rental expenses, costs for necessary care during recovery, and medical treatment expenses.
To claim Special Damages, meticulously track all payments and retain receipts.
**Insurance Settlement Considerations**
Opting for an insurance settlement requires careful review of the settlement agreement terms. Insurance settlements often include provisions such as:
* Payment in installments rather than a lump sum.
* A clause preventing claim reopening for further compensation and releasing the insurance company from future liability.
**Limitation Period for Filing a Claim**
Following a whiplash injury, you have three years from the injury date to initiate court proceedings. Failure to do so within this timeframe forfeits your right to claim compensation.
**Seeking Legal Counsel**
Regardless of whether you’ve suffered a neck injury, back injury, or bruising, consulting a personal injury solicitor or lawyer is crucial to understand your rights. Seek legal advice promptly after the accident, before signing any settlement agreement. Insurance companies are not obligated to inform you of your legal rights or the full compensation you may be entitled to.