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Claims for Injuries Caused by Whiplash |
 Whiplash injury refers to a serious neck injury that may have been caused by a sudden jerk to the neck because of an accident. Quite often people tend to ignore whiplash injuries as something very minor without realizing the fact that these injuries have the potential of creating a variety of ailments at a later date. A whiplash injury is a very serious issue since the tissues and nerves of your neck are injured because of a sudden jerk and can lead to the dysfunction of the neck area. These injuries can be treated and are also covered by all insurance companies. However, the claim process can take a long time. In such situations it is better to hire a solicitor who has sufficient experience in handling whiplash claims.
One of the things that you should consider before claiming for whiplash is how much is the discomfort and pain worth to you. This is because the injury can be so painful that you need to be compensated adequately. However, the compensation receive is largely dependent on different factors.
Some of the factors are dependent upon how you make the claim. For instance, if you are seeking compensation directly against an insurance company, then the compensation will be settled according to the insurance company guidelines. However, if you want to make a whiplash injury claim after discussing with your solicitor, then your compensation claim may be categorized under:
a) Specialised Damages
and
b) General Damages.
General Damages
Under General Damages it is quite difficult to make an estimate of how much compensation you may be entitled to since it is paid for the physical suffering and pain caused by a whiplash injury due to an accident. Loss of enjoyment of life and emotional pain under General Damages can also be a part of the compensation. In case, your pain and suffering causes any psychological disorders, you can also include them into the settlement.
More often than not the compensation under General Damages depends upon what has been given in earlier instances for similar injuries. However, your medical reports regarding the injury, the extent of the injuries and also the harm it has caused to your emotional well being will also play a very important part while settling a case.
Specialised Damages
Specialised Damages are unlike General Damages in the sense that compensation can be fixed to a certain extent and are paid to you for having incurred some special losses due to an accident. For instance, you can make a claim under Specialized Damages for any loss to your existing earnings or even a potential loss to any future earnings because of the accident. Some of the things that fall under the Specialised Damages category include expenses on car hire since your car is sent for repairs at the garage.
Likewise, you may have to pay for hiring somebody to take care of you as you recover from your injuries. Similarly, if you have paid any money for getting treatment, you can include them in your claim. However, when estimating Specialised Damages, make sure that you have the complete payment records along with the receipts as this can help in speeding up the process.
Finally, you may not want to go through the courts and instead enter into a settlement agreement with the insurance company. In such situations, you are bound by the terms of the settlement agreement. The insurance may either pay you in installments or choose to pay in lump sum. Once you have been paid the compensation amount you can no longer hold the insurance company responsible for any future loss.
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