Whiplash is a debilitating injury that can last for a few weeks, or several months. And in the worst cases, it can be chronic. If you have suffered whiplash, then you may be eligible for compensation, so long as you were not 100 per cent responsible for the lead accident which caused your injuries, and the date of your accident – or the date your whiplash injuries first became clear – was not more than three years ago, to comply with the Limitation Act 1980.
Calculating Whiplash Compensation
Whiplash compensation is calculated based mainly on three things:
- The extent of your injury;
- The estimated recovery period from your injury, and;
- Your prognosis for the future.
The worse your injury is, then the more compensation you can put in a claim for, and if your whiplash has accelerated any pre-existing medical conditions, then these will also be considered, when determining a pay-out figure.
Whiplash Grades and Compensation
Whiplash is also graded on a scale of 1-4: 1 is minor, 2 is moderate, 3 is moderately severe, and 4 is severe. Here are the average pay-outs for these grades:
- Minor whiplash: Between £1,000 and £3,500;
- Moderate whiplash: Between £4,000 and £9,000;
- Moderately severe whiplash: Between £10,000 and £29,000;
- Severe whiplash: Between £30,000 and £60,000, and sometimes more.
These pay-outs are estimates only, however. They do not consider individual circumstances, and you may be owed considerably more than the above whiplash claims average payouts.
It is also important to consider that in addition to the compensation you can claim for your injury, you can also claim compensation for financial losses related to your injury. This is called ‘special damages’. Special damages can claim back lost income including overtime, relevant out of pocket expenses, lost benefits, and much more. In total, special damages can make up 30 per cent of a claim’s value, so you may be owed more than you think.
How is Whiplash Diagnosed?
Since the amount you can claim for whiplash rests on the extent of your whiplash and your estimated recovery period, a fresh medical report needs to be generated which details these things. To create this report, you must attend a medical examination as set up by your solicitor. This examination usually takes place 2-3 weeks into the claims process, and the report generated through it will be used as evidence in your case. In addition to this report, your solicitor will also access any relevant medical records on your behalf.
It is also important to consider that the settlement demand put forward to other side must be fair and proportionate to your injuries. If it is not, your claim may be rejected.
