Whiplash Compensation and How to Claim It
Whiplash injury victims may feel discouraged by the complexity of making a whiplash compensation claim but this should not be as they’ll only be left suffering from the disorder’s symptoms for a span of time afterward, and also incurring significant financial losses from missing work and undergoing treatment among others. It is wise to make this step.
Advice and representation should be sought from a solicitor with considerable experience in handling whiplash cases. When you first speak to one about your whiplash compensation, the initial action normally taken by the solicitor is to make a calculation of how much your case is worth according to his own experience. If he comes to the conclusion that he will not be able to get you a figure higher than the minimum legal amount, he is not likely to represent you; otherwise, he will take up your case. If you are given the first conclusion by a solicitor you consult with, do as you do with doctors: get a second opinion from a different firm.
No two injuries are the same, so the amount of compensation you will get would depend on your own circumstances and can be categorized into two: general damages and special damages.
General damages pertain to "pain and suffering"-"pain" being the physical injuries caused by the accident (e.g., fracture, bruising, shoulder pain), and "suffering" being the mental or psychological and emotional (e.g., depression, short-term memory lapses)-and "loss of amenity," meaning the loss of pleasure or enjoyment in life. The sum for general damages would be determined by the amount given by the court for a previous similar case but would also be affected by the factors previously mentioned, mostly as based on your medical report. It is therefore very important to have had a thorough medical examination plus a journal detailing all your experiences after the accident including documentation of the first appearance of the symptoms of whiplash injury, how they gradually developed and eventually worsened enough to hamper you from your daily routine, etc.
The sum for special damages is determined by the special losses you’ve incurred due to the accident. Included here are transportation expenses, vehicle repairs, medication, physical therapy, hospital confinement, surgeries, nursing care at home, and loss of earnings at present and even the future during convalescence. For special damages, you must have kept records of all your expenses, more importantly the official receipts.
Proceedings pertaining to a whiplash injury can be brought to court until three years after the accident; the right to make a claim and therefore receive whiplash compensation is forfeited if that time frame is exceeded. Filing for a claim can indeed be very complex, but you are not without help as you have a lot of experienced solicitors you can choose from to assist you. And once you have received your compensation, although it would not recompense for the trauma the accident may have inflicted, it would definitely ease the financial burdens you would have to face in recovering from the whole predicament.
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