Most whiplash injuries are sustained in road traffic accidents. In such circumstances, you will be making a claim for compensation with an insurance company. Insurance companies take a wide range of things into account when determining a fair and proportionate payout.
Here’s some of the things that will influence your whiplash compensation payout:
- Medical evidence, including:
- The extent of your whiplash injuries
- The predicted recovery period
- The prognosis for the future
- Emotional and psychological injuries
- The acceleration of any pre-existing conditions
- When your injury became clear
- The circumstances of your accident
- How times you have visited your GP.
When calculating your payout, an insurance company will compare your case with past cases and base their initial payout on other results. You may reject any offer that is proposed. There are thousands of cases every year where the liable party contacts the claimant wishing to settle early. Usually, for a lower payout than what could be achieved if the process is drawn out. It is up to you whether you take such an offer. However, this could mean receiving £250-£2,000 less than what you are really entitled to.
The most important factor that influences the payout of a claim is medical evidence. This is created through the attendance of a medical examination. This is a mandatory process under most solicitor’s agreements. It may be possible to use your GP’s records to present a claim, however an expert opinion is always advised by law firms. A thorough medical examination will be all the evidence you need to prove the extent of your whiplash injuries.
It’s also important to remember that compensation is split into two types, which are general damages (injury) and special damages (financial). Alongside making a claim for your injury you can also make a claim for your financial losses and hardships. This can include loss of earnings including overtime, bonuses, bank account internet and all out-of-pocket expenses such as public transport costs, taxi fares and medical bills (physical and psychological). So while you may get £1,000 for your whiplash injury, you may get an additional £750 for your financial losses, for example. Of course, additional evidence is required to make a strong claim for special damages. Your solicitor will help you to collect the necessary evidence.
A law firm like Accident Claim can help you to seek the maximum whiplash compensation payout possible. The average whiplash payout is around £3,000 for a moderate injury, so it may well be worth pursuing a claim. To find out more about the claims process, call AAH’s 24/7 Helpline on 0800 689 0500 or from your mobile on 0333 500 0993 to discuss your case with a highly experienced and compassionate claims advisor.