Suffered a whiplash injury and wondering what your pain and suffering are worth? Understanding how whiplash claims are calculated is crucial to receiving fair compensation. The compensation you receive after an accident depends on several factors.
**Making a Whiplash Compensation Claim**
The initial factor influencing your compensation is how you file your claim. Directly negotiating with the insurance company often results in a settlement dictated by their terms.
However, consulting a compensation solicitor can significantly impact your potential compensation, potentially entitling you to two types of damages:
(i) General Damages;
(ii) Special Damages.
**General Damages for Whiplash**
Determining the exact amount for General Damages is complex. This covers the physical pain and suffering directly resulting from the accident, such as the whiplash itself or more severe injuries. Emotional distress and loss of enjoyment of life can also be included under General Damages. Furthermore, psychological disorders like depression stemming from the injury can strengthen your claim.
While court guidelines provide a framework, the specifics of your medical report are crucial. This report should detail the extent of the whiplash, the precise injuries sustained, and the emotional impact the injury has had on your well-being. These details significantly influence the General Damages portion of your whiplash claim.
**Special Damages for Whiplash**
Unlike General Damages, Special Damages are more concrete and cover specific financial losses incurred due to the accident.
Special Damages include lost earnings (both present and future), car rental expenses if your vehicle is being repaired, costs for necessary personal care during recovery, and medical expenses related to treating the whiplash. To claim Special Damages, meticulously document all payments and retain all receipts.
**Insurance Settlement Considerations**
If you opt to settle directly with the insurance company instead of pursuing a court claim, carefully review the settlement agreement. Insurance settlements often include provisions such as:
(1) Payments made in installments rather than a single lump sum;
(2) A clause preventing you from reopening the claim in the future, releasing the insurance company from any future liability.
**Time Limit for Filing a Claim**
Following a whiplash injury, you have a three-year window from the date of the accident to file a claim in court. Missing this deadline forfeits your right to seek compensation.
**Seeking Legal Advice**
Whether you’ve suffered a neck injury, back injury, or bruising, consulting with a personal injury solicitor or lawyer is highly recommended. They can explain your legal rights and advise you on the appropriate compensation you deserve. Seek their guidance before signing any settlement agreement with an insurance company, as they are not obligated to inform you of your full legal rights or potential compensation value.