Whiplash: what is a realistic value of compensation?
Approximately 1,200 whiplash claims are made each day, accounting for around 70% of all road traffic accident claims and currently costing insurance companies a reported £2 billion each year.
General public perceptions of whiplash claims are that they are sure fire winners with no possibility of failure, guaranteeing a minimum amount of compensation. Such opinions coupled with the increasing criticism of an alleged compensation culture, has caused whiplash claims to be looked upon with a certain amount of critique.
Despite the cynicism surrounding whiplash claims and the perception that numerous claims are fraudulent, whiplash injuries are scientifically recognized and people with such injuries are often in a significant amount of pain and discomfort following the accident. Therefore they are entitled to recover some form of damages to compensate them for their injuries and any other losses suffered.
The usual presumptions about compensation values for whiplash injuries are that without any serious injury and with little effort, an individual can receive a considerable compensation payment. However, in reality a compensation claim usually lasts a minimum period of 6 months and sometimes claims can even take several years to conclude.
Despite the widespread belief that each claim has a guaranteed amount of compensation, actually, each claim is assessed and judged on its merits, taking into consideration the facts of the accident, whether the injured parties were completely innocent or partly at fault and most importantly the severity of any injuries received.
General guidelines for compensatory awards are based on the number of months that an individual takes to recover following the accident, for example, if a person recovers from any injuries within a 6 month period (which is the usual case) they can generally expect to receive between £1,250 – £1,500 and these awards increase on a scale dependent on the number of months that it takes a person to recover. Usually if all symptoms have ceased within 18 months from the date of the accident, then an individual can expect to receive between £2,750 – £3,250.
However, it must be stressed that there is no one rule fits all formula and any whiplash injury compensation sustained in an accident is assessed solely on the findings of a report produced by a medical expert, who has numerous years of medical experience relating to such injuries.
This article has been written by Sarah Nandhra who is a trainee solicitor working for Winston Solicitors, based in Leeds, West Yorks UK. Website; The Claims Connection
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