How much get you get on a whiplash claim? That's the question everyone who suffered a whiplash injury needs to make if they haven't already. And it's a rather good question, since neck injuries can be very discomforting and painful and it is only right that you are compensated accordingly.
Whiplash claim compensation will depend on a number of things
The most important factor in determining your whiplash claim is how you actually make it. The best way to do this is to take your compensation claim straight to the insurance company. This way, you can get a compensation that corresponds to the settlement agreement you have made with the insurance company.
Another way to make a whiplash claim is to get advice from a compensation solicitor and let him handle your claim. If you decide on this you can get compensation for either general or special damages.
General damages for whiplash
The amount that you can receive under general damages is a little hard to ascertain. The reason for this is that you will be compensated for the suffering and pain you suffer as a result of whiplash. This means that if you are suffering from a whiplash neck injury as a result of a car collision, you are entitled to a general damages whiplash compensation.
As part of general damages you can also make a claim for emotional pain and even for loss of joy in life. As well as that, you can also, if you are suffering depression or other psychological disorders, make a general damages claim for this as well.
The amount you will be awarded for general damages depends on a set of guidelines made by the court.
Special damages for whiplash
Special damages for whiplash are somewhat different from general damages. They can be fixed t a certain degree and will be payable to you if you've suffered a certain special loss as a result of whiplash.
What this means in practice? Special damages are payable if you have suffered any loss of earnings, including potential future earnings, due to an accident and the fact that you had to recover from it.
Special damages include: renting a car while yours is not operational, medical attention and more. Make sure that you keep track of all expenses following a whiplash accident and even keep receipts.
You can also choose not to make a whiplash claim through the court. In this case, you can make a settlement agreement with the insurance company. Make sure that you read the terms of the settlement agreement thoroughly. Especially note these two items and see if you can remove them from the settlement agreement:
1. The insurance company being allowed to pay in instalments and not in a one-time payment
2. Once you've been paid the compensation for the whiplash claim by the insurance company, you can't make another claim. This is very important as some problems resulting from whiplash can occur much later.