If you had a put a price tag on any body part, how much would it be? What about physical pain? Let's say a football player injures his leg in a car accident and will need to spend six months using a crutch and it will be a year till he can run well again. What price tag could you put on his suffering? It may sound like an inhuman question, however, this is how all compensation claims are settled – by providing the claimant with an amount that is equivalent to his loss and suffering.
If you have insurance, then the compensation amount will depend on the amount of insurance you agreed to initially when you took insurance. With an insurance settlement, there are a few things you should look out for. Firstly, be sure to check the method of payment that the insurance company can use – most companies end up paying in installments instead of a lump sum. Secondly, also check with the company the possibility of reopening the claim. Generally insurance companies don't provide this, which means if your injury is to give you trouble in the future, when the claim has already been settled, the company is not liable to pay you anything anymore.
Alternatively, if you wish to claim compensation from the responsible party, you may have to engage the services of a claims' solicitor who will file a claim on your behalf in court. In this case, compensation will depend on two aspects: 1. General damages 2. Special damages.
General Damages
These are damages that arise directly as a result of your whiplash injury. This could include, but not be limited to – physical pain and suffering, trauma, inconvenience. If the accident has also caused you psychological trauma, then even that account for general damages. Compensation is paid by taking into account the extent of these general damages. This is usually hard to determine, since it can be different for each person. The court usually arrives on an amount with the help of its rules of providing compensation, the medical reports outlining the extent of the damage and also your solicitor's ability to convey the 'invisible' damage that the accident has caused you.
Special Damages
Special damages are easier to calculate, since they arise from all monetary or financial losses that you had to suffer as a result of your injury. These would include payments made to the doctor, expenses related to medication, hospitalization, treatments, tests. Along with this, it also extends to other expenses like lost wages due to your accident, or extra domestic expenses incurred as a result of your current condition. These damages are fixed and thus easily calculated. However, in cases where the claimant cannot validate the actual amount of expenses with bills and receipts, it can be difficult to arrive at a fixed amount.
Afraid you will be inadequately compensated for your
whiplash claim? Claims4negligence.co.uk provides information and resources on how
personal injury claims are calculated, and how you can get maximum compensation for your injuries
