Whiplash injuries occur when a person suffers a forceful movement or jolt resulting in strain on the ligaments, tendons or soft tissues of the neck and back.
They typically occur in road traffic accidents, however whiplash injuries can be sustained in many different situations including slips, trips and falls, sports injuries and even assaults and attacks. People involved in car accidents are often contacted directly by the insurers of the person responsible for the accident attempting to offer an immediate one off payment to settle the claim. They are usually contacted within a couple of days of the accident occurring, when individuals have rarely instructed solicitors or even thought about the possibility of recovering some form of compensation.
They are expected to decide whether to settle their claim there and then, without any expert advice or guidance on how much their claim could be worth. Insurers use this inexperience and eagerness to settle the matter quickly to their advantage, as often whiplash injuries, particularly more serious injuries, do not even become apparent until a few days after the injury has occurred.
If an individual is suffering from whiplash symptoms, they often assume that they will subside within a short period and any offers of compensation from the responsible party’s insurers can seem very appealing. However, it must be noted that the severity of a whiplash injury can vary greatly and while some people make a recovery within a few days or weeks, others are left with symptoms and pain from their injury for months or even years.
Therefore the sum offered by the responsible parties insurers is often far below the value of compensation that the injured party cold and should receive for their injury. When assessing the compensation value for a whiplash claim, various factors must be taken into consideration, such as any pain and suffering they have experienced as a result of the accident, paying particular attention to any future problems that the accident may have caused. Other financial losses incurred as a result of the accident must also be noted such as time taken off work to recover. All calculations for whiplash injury compensation will be divided into 2 separate categories: General Damages and Special Damages. General Damages are calculated by taking into consideration the injured persons pain suffering and loss of amenity following the accident. This figure is based on previous case law for similar injuries, but is largely dependant upon the report produced by a medical expert, which will determine the extent of the injuries sustained and any likely future problems resulting from the accident. Special Damages will be calculated based upon any losses that the injured party has had as a result of the accident. These include loss of earnings, loss of material possessions such as damage to clothing, travel expenses, prescriptions, any alternative treatment such as physiotherapy and award for any care you have received from friends and family.
All of the factors noted above will be considered when calculating compensation. Therefore, victims of road traffic accidents should seek the services of specialist personal injury lawyers before agreeing a whiplash compensation settlement as without all of these factors being considered, it is almost certain that a claim will be under settled. The Claims Connection will always work to gain the maximum amount of compensation in the shortest amount of time for all of our clients and we offer a No Win No Fee service, which ensures that you will not be responsible for our legal fess and you will keep 100% of any compensation awarded.