How much is the pain and disquiet of one’s whiplash injury worth? A fair question, in the end a injury is painful so you should be compensated accordingly. Unfortunately, however, the amount of payment you receive for your injury following an accident is determined by numerous variable factors.
The Whiplash Compensation State
The first of the variable factors will depend on the method that you make your whiplash injury claim. If you make a claim directly against the insurance company, then you will likely be compensated in accordance with the settlement agreement you make with the insurance company.
But, if you decide to seek the assistance of a compensation attorney to manage your whiplash compensation, then you could possibly be eligible to compensation listed as
(i) General Damages and
(2) Special Damages.
Common Injuries For Whiplash
The overall amount that you could be entitled to under General Damages is difficult to determine as it’s covered the physical pain and suffering (i.e. the real injury such as a neck injury or something more serious) that you experience as a direct result of the accident you’d.
You may even be permitted to claim for mental pain and loss of enjoyment of life included in General Damages. Eventually, if the pain and enduring you encounter consequently of your damage causes you to experience mental problems, such as depression, then this could also be included in your compensation claim.
Though General Damage amounts given by a judge will be conditional on their set guidlelines, the details of your medical report explaining the extent of the whiplash, the real injuries caused, and the possible damage it has had on your emotional state will, all play a pivotal component in the whiplash injury claim.
Special Damages For Whiplash
Unlike General Damages, Special Damages could be fixed to some degree and are due to you as a result of you having encountered specific special losses because of the incident.
In particular, Special Damages are due on any loss of earnings (including any possible loss of potential earnings as a of the accident) you may have to experience while you recover from the accident; car hire charges you have to pay as a of your car being in the repair shop; if you have to pay someone to look after you while you recover from your whiplash, these can be recovered; and if you’ve taken care of medical awareness of treat the damage, you can also include these in your claim.
If you want to maintain for Special Damages you need to keep a careful monitoring of all of the payments you have created and where possible you’ll need to have receipts.
If you decide that you do not want to create a whiplash injury settlement state through the courts, then you need to agree to enter a settlement agreement with the insurance provider. In cases like this you have to ensure you browse the terms of the settlement agreement very carefully as insurance settlement states often contain provisions
(1) that the insurance company will pay you in instalments, rather than one-off lump-sum payment;
(2) that when you have been paid the whiplash compensation by the insurance company you can’t reopen the claim in the future to try and get some additional money and accept no further contain the insurance company responsible for any future cost or loss. Identify new information about clicky by browsing our thought-provoking article.
Limitation Time To Create A Claim
Then you have a period of 36 months from the time of the injury in which to bring proceedings to court, if a whiplash injury has been recently suffered by you. If you fail to provide your whiplash compensation claim to the courts through this time you will have forfeited your to create a claim.
Whiplash Damage Lawyer
Whether you’ve suffered a neck injury, right back injury, or bruising, so as to know just what your rights are you should seek a consultation with a personal injury solicitor or lawyer when you can following a accident and in any case before you agree to sign any settlement agreement with any insurance carrier while they are not obligated to tell you what your legal rights are but also what compensation you should be eligible for.Richard L. Thiry & Associates
1911 Government St
Mobile AL 36606