WHIPLASH COMPENSATION :: PERSONAL INJURY CLAIMS
People often wonder why whiplash is such a severe injury. Simple physics provides the answer. When a 2 ton car is travelling at a mere 10 mph, it has a total force of 25 tons if it collides with another moving vehicle. These forces are proportionately increased at higher speeds or with a heavier vehicle. The force that results from a collision is partly transferred to the passengers of a vehicle, in spite of modern passive safety features such as crumple zones and reinforced sidebars. Many types of road traffic accident including side impact can result in whiplash but rear-end collisions are the most common cause. Whiplash is one of the most common injuries resulting from traffic accidents, as the impact of the collision jerks the head forward, followed by a reflex reaction in the opposite direction. The result is sprained muscles or tears in the soft tissues of the neck. Whiplash compensation can be claimed if a third party is responsible in negligence for causing the accident.
SOLICITORS HELPLINE 0870 174 0140
Negligence
If you have suffered personal injury in a road traffic accident you may be able to claim whiplash compensation. First and foremost in a whiplash compensation claim it is necessary to prove that the accident was caused by the negligence of another person. Once negligence has been established you will need to prove the extent of the injury by means of a written medical report following examination by a medical consultant. This specialist medical report will facilitate any treatment that may be necessary, which can involve physiotherapy, chiropractic therapy, osteopathy or other treatments and will also be used to asses the value of the whiplash compensation claim.
SOLICITORS HELPLINE 0870 174 0140
Damages
Although a compensation payment cannot fully offset the suffering and trauma caused by an injury, it can help to alleviate the financial loss. It also means that victims can concentrate on rehabilitation without financial worries. Claims for compensation fall into two main categories known as general damages and special damages, which are assessed separately :-
- General Damages represent compensation for items that are difficult to calculate accurately. The main item is often pain and suffering including mental and emotional anguish. Compensation for general damages is difficult to calculate since it involves an assessment of the victim’s physical and mental trauma. General damages are normally based on the precedents set by previous cases, after consideration of written guidelines by the Judicial Studies Board tempered by the judge’s personal experience.
- Special Damages are easier to determine since they reflect the victim’s financial loss and additional expenditure as a result of the accident. These include loss of earnings, both past and estimated for the future plus any other expenses and losses.
SOLICITORS HELPLINE 0870 174 0140
Free Legal Advice
Contact us today for free legal advice if you believe you may have a whiplash compensation claim. Our specialist personal injury solicitors will guide you through each step of the process. We work on a no win no fee basis, so making use of our services will not cost you anything, regardless of the final outcome.
SOLICITORS HELPLINE 0870 174 0140
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