| The purpose of Whiplash Compensation for pain | | | | whiplash symptoms |
| and suffering following an accident is to try and | | | | This is how your solicitor and the other side will |
| put you back in the same position you were in | | | | agree on a settlement for your whiplash pain and |
| before the accident. But how is this possible when | | | | suffering. So what about your losses and |
| you are talking about an injury claim? How can an | | | | expenses? |
| amount of compensation make you better, take | | | | Special Damages |
| away your pain and make you feel as if nothing | | | | It is much easier to assess your claim for Special |
| happened? Sadly, it can't but this is the only | | | | Damages because they relate to actual and |
| measure or yardstick that can be used to try and | | | | measurable losses. You will be asked to provide |
| make the situation better; i.e. financial | | | | receipts and invoices for any expenses or losses |
| compensation. | | | | sustained. The most common ones are detailed |
| The compensation award is more straightforward | | | | below. |
| when you are talking about your losses and | | | | Car Repairs. |
| expenses rather than your physical injuries. For | | | | The most obvious one, and an important one for |
| instance if your car needs bumper and other | | | | you because if you do not prove that the |
| bodywork repairs, it is easy to put you back in | | | | accident was not your fault your insurance |
| the position you were in before the accident by | | | | company will have to pay for the repairs and this |
| recovering the cost of the repairs. | | | | will impact on your no claims bonus. You do not |
| The two different types of awards are called | | | | want to have to pay higher insurance premiums |
| General Damages (the compensation for your | | | | for somebody else crashing into your car. The |
| pain and suffering) and Special Damages (the | | | | invoice from the garage will confirm the costs of |
| compensation for your losses and expenses). I will | | | | repairs. |
| look at each in turn, tell you how they are | | | | Storage Of Your Car. |
| calculated, and outline the main types and | | | | If the garage had to store your car whilst they |
| amounts of General Damages compensation | | | | were waiting for the other driver's insurance |
| payments. | | | | company to approve the repairs, these charges |
| Damages | | | | will form a part of your Special Damages claim. |
| Damages is the legal term used to describe the | | | | Car Hire. |
| compensation, so for damages just read | | | | If your car was off the road for a number of |
| compensation. | | | | days and you needed to travel for work or |
| General Damages | | | | personal reasons, it is reasonable for you to hire a |
| This is the compensation award that you will | | | | car. However, you must hire a similar car to your |
| receive for your pain and suffering. Your sore | | | | own. You will not be able to recover the costs of |
| neck, headaches, shoulder pains, giddiness and | | | | a Ferrari car hire if you usually drive a Ford Focus. |
| dizziness, and the impact that has on your day to | | | | Lost Earnings. |
| day living. For instance, if you have a newborn | | | | If you lost money from your salary packet as a |
| baby and you suddenly cannot pick up or look | | | | result of time away from work, you will be able |
| after your baby, this will lead to an increased | | | | to claim this back too. Your wage slips will confirm |
| element to your award. Again, you would much | | | | the extent of your losses. Even if your employer |
| rather not have had the pain so that you could | | | | kept paying you if you were away from work |
| hold your newborn baby, but all the court can do | | | | they might have a clause in their contract that |
| is to let you have an additional sum of | | | | makes you claim the money they paid to you |
| compensation to recognise your suffering. | | | | back. You will therefore need to include this as |
| With any claim for compensation your solicitor will | | | | part of your claim. |
| have to obtain evidence that he can show to the | | | | Treatment. |
| other side and to the court (although the majority | | | | Whether you received private physiotherapy or |
| of all whiplash claims are settled without the need | | | | chiropractic treatment you can reclaim the cost |
| for a final court hearing). The evidence he will | | | | of treatment. Often the other driver's insurance |
| obtain to support your claim for General Damages | | | | company will pay for this at the time of the |
| will be a witness statement from yourself and | | | | treatment to save you from incurring the |
| your family detailing the effects of the injury, and | | | | expense. |
| also a medical report. This will be from a GP or an | | | | Travel expenses. |
| Orthopaedic Surgeon. They will carry out a full | | | | This can include travel to treatment or to the |
| medical examination and assess the extent of | | | | garage to collect your car, and is assessed by |
| your injury, recommend any treatment and | | | | mileage or receipts from bus or train companies. |
| provide you with a prognosis which is their opinion | | | | Damaged Items. |
| of how long your pain will last. | | | | If any of your items were damaged in the |
| Once your whiplash solicitor has this evidence, he | | | | accident, personal possessions such as ipods or |
| will be able to estimate how much General | | | | sunglasses, you can reclaim their costs (you will |
| Damages compensation you will receive. He will | | | | need the purchase receipts). |
| refer to previously decided cases, and also a book | | | | Medication. |
| called The Judicial Studies Guidelines For The | | | | This can include pain killers, prescriptions or neck |
| Assessment of General Damages. | | | | braces. |
| This book splits the compensation awards for | | | | Any other expenses that have been reasonably |
| Whiplash into the following brackets: | | | | incurred can also be reclaimed as part of your |
| - £750 to £2500 for recovery within | | | | Special Damages Claim |
| 1 year | | | | Summary. |
| - £2400 to £4250 for recovery | | | | Your claim for Whiplash Compensation includes a |
| withing 2 years | | | | claim for General Damages and Special Damages. |
| - £4250 to £7750 for a slow | | | | Now that you have read this article you will have |
| recovery of more than a minor whiplash injury | | | | a good basic understanding of how your claim will |
| - £7750 to £13750 for permanent | | | | be assessed by your solicitor. |