Whiplash is a very common injury in road traffic accidents, so it’s no surprise that it’s an equally common subject for compensation claims. Most people tend to think of compensation as one lump sum, but it’s actually calculated according to a number of different factors. These can be divided into two broad categories – general damages, which are awarded as compensation for the injury itself, and special damages, which are awarded to cover financial loss.
General damages
In looking at an award to compensate you for your injury, your accident claim solicitors will look at the amount of pain and suffering that it’s caused you. This will be influenced by how severe the whiplash injury is, and the length of time it’s caused you to suffer. The award will also reflect any psychological trauma or damage arising from the injury.
The second part of the general damages award is known as “loss of amenity”. This means the effect the injury has had on your life in general. If whiplash has restricted your domestic, social or professional life in any way, then you will receive compensation for it. For example, if you were in the habit of playing 5-a-side football once a week before the accident, and you’re no longer able to do so, this would be classed as a “loss of amenity”.
Special damages
Special damages are awarded in recognition of any adverse effects on your earnings and finances as a result of the accident. Financial losses are obviously easier to quantify than general lifestyle losses , which is why they’re accounted for separately in a Schedule of Loss as part of your injury claim.
Loss of earnings is the most apparent form of financial loss, so if your whiplash injury has caused you to take time off work and lose pay, this will be reimbursed in the final settlement. You can also claim back the time for anybody who has had to care for you, at an hourly rate, as well as claiming for any treatment that you’ve had to pay for privately. In the same way, it’s possible to claim for anything you’ve had to pay out for as a result of the injury, such as phone calls to medical specialists, travel costs to hospital or solicitor appointments, prescription costs, postage of documents and so on. For this reason, it’s vitally important to keep track of all your expenses.
Whiplash injury compensation, then, is designed to reimburse you if you’re out of pocket, and to provide redress for a diminished quality of life.
Our personal injury solicitors offer free initial phone advice, no win no fee agreements and a free first interview –hospital or home visits are also available for accident claims. Why not contact us today on FREEPHONE FREEPHONE 0800 1404544.