How Much Compensation For A Whiplash Claim

By: Author Unknown | Posted: 12th June 2009

If you suffer a whiplash injury as a result of a car accident, how much compensation are you likely to receive? Calculating the amount due is relatively straightforward as a process. The purpose of the legal process is to try and put you back in the same position that you were in prior to the accident. Whilst the courts cannot remove the pain that you experienced they can award you compensation for your pain and suffering. So how do the courts assess the amount of whiplash compensation that you should receive?

The starting point is that it is a relatively straightforward process now to assess the amount of compensation payable to you. The court's job is to try and put you back in the same position that you were in prior to the accident. Obviously they cannot remove the pain that you suffered, but they can award you compensation for your pain and suffering. So how do they assess the amount of whiplash compensation?

Assessing The Amount Of Whiplash Compensation

The main process is to review a booklet called the "Judicial Studies Board Guidelines for the Assessment of Damages". This provides the following "brackets" of compensation payable:

Minor Whiplash Injury

A minor whiplash injury might include only moderate neck pain symptoms that completely recover within a matter of weeks or up to two years. In these cases, you can expect to receive in the region of:

£750 to £2,500 if you make a complete recovery within 1 year

£2,500 to £4,250 if you make a complete recovery within 2 years

Moderate Whiplash Injury Pain

This applies if your pain is more than minor and it takes longer to recover. There may also be an increased risk of future vulnerability. For this type of whiplash claim you can expect to recover:

£4,250 to £7,750

Severe Whiplash Pain

If you have permanent symptoms causing you ongoing pain and suffering then you might expect the following bracket of compensation:

£7,750 to £13,750

Other Factors To Take Into Account

In addition to reviewing these guidelines, your claims solicitor will also look at recently settled claims where the victim had similar injuries to your own. This ensures that the figure that you solicitor looks to obtain in settlement of your whiplash claim is as accurate as possible.

Other Parts Of Your Whiplash Claim

As well as your award for your whiplash pain, you can also claim compensation for losses and expenses, including lost earnings, travelling expenses, medication and treatment. Any loss incurred as a result of the accident can be reclaimed.

Conclusion

This article explains the general rules that allow you to work out how much your whiplash claim is worth, but every case is judged on its own merits. Once you instruct a whiplash claim solicitor to help you they will provide you with a detailed estimate of the amount of compensation that you are likely to receive. This article should only be used as a rough guide.


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Need expert Accident Whiplash Solicitors? Find out How Much For A Whiplash Claim? Nicholas Jervis is a solicitor (non-practising) and a legal marketing consultant to Gray Hooper Holt Solicitors.
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Tags: job, risk, damages, brackets, vulnerability, neck pain, complete recovery, car accident, whiplash injury, whiplash compensation