Whiplash Injury Compensation Entitlement
Posted: Wednesday, November 11, 2009
by Jonathan Blood Smyth
If you suffer an injury as a result from an accidental fall, road accident, or a sporting accident, you can make a claim for compensation. This system is designed to help you claim back any financial earnings you may have lost as a result of your injuries. You will either be entitled to make a claim for general damages or special damages. General damages will be applicable to emotional as well as physical injuries. The general impact the injury has had on your day to day life will be assessed. On the other hand, special damages are designed to be more specific, i.e. specific items you can pin point a cost to.
The amount of compensation you may be entitled to will be calculated on the basis of how much pain and suffering you have had to endure as a result of your injuries. For instance, a whiplash injury can result in after-effects that can last for days, weeks, or even months. The amount of damages you will receive will depend on the severity of your injuries.
The extent of the impact the injury has had on your life will also be taken into consideration. Therefore, a reduction in your enjoyment of life and any emotional pain you have suffered will be taken into account. In the case of a whiplash injury, your solicitor will obtain details from yourself and family demonstrating the impact the injury has had on your day to day life. Whiplash injuries can often cause psychological problems for the claimant. These can be anything from depression, anxiety, and frustration. There is a range of how much you may be entitled to claim depending on the extent of your injury.
Your solicitor will obtain medical reports outlining your treatment plan and estimates on how long the pain sustained from the injury is likely to last. Once your solicitor has gathered this information, it will be easier to assess the amount of compensation you can claim.
The amount of compensation you can receive for a whiplash injury is split into the following brackets:
750 to 2500 for insignificant cases where a full recovery can be made within 1 year
2400 to 4250 for cases where it is possible to make a full recovery within 2 years
4250 to 7750 for a slower recovery of more than minor whiplash symptoms with pain for a number of years
7750 to-750 for symptoms that are permanent
The above will be used as a guide in assessing the amount of compensation you are likely to receive.
Special damages explained in more detail
Special damages relate to specific losses you incur as a result from the injury. These are easier to calculate then general damages. Special damages are particularly applicable to any loss of earnings (including any potential loss of future earnings as a result of the accident). You may have had to hire someone to help you recover from your injury. This can also be compensated. Other expenses can include travel expenses, or payments for any medical treatment if you are recovering from an accident.
To make a claim for special damages, it will be very helpful to keep track of the different types of losses you have incurred, and where possible to keep the receipts. If you wish to make a claim, our solicitors will be able to advise you in your claim.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about compensation claims, Lawyer,whiplash injury claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation
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