If you are wondering how much compensation you may be owed for your whiplash injury, first and foremost you should establish your eligibility to make a claim, because it is of no benefit considering how much you could claim, if you you can’t.
Are your eligible?
There are two things to consider with regards to eligibility:
- Are you liable? To have a claim at all, another party has to have had some part in causing your accident. Meaning, you cannot be 100 per cent responsible for the accident which caused your injuries;
- When did your accident happen? There is a strict time limit of three years to which you must bring forward your claim in the United Kingdom. Under the Limitation Act 1980, that three years starts from either the date your accident happened or from the date your injuries were first diagnosed. After three years, personal injury claims become statute-barred or time-barred under the Limitation Act 1980.
Whiplash compensation amounts
Providing you meet the eligibility criteria discussed above, it will be worthwhile for you to calculate the compensation you may be owed to help you make your decision regarding whether or not to apply for whiplash compensation.
To calculate your whiplash settlement demand, you can attempt to self-diagnose your whiplash injury and give it a ‘whiplash grade’, which is how whiplash injuries are rated for compensation. Here’s the information you need to get started:
Grade 1 Whiplash – Minor whiplash
Are the only symptoms of your whiplash pain, discomfort and suffering? If so, then you have minor whiplash. Pay-outs for minor whiplash range from £1,000 to £2,750.
Grade 2 whiplash – Moderate whiplash
Do you have bruising to your neck in addition to pain and discomfort? If so, then you probably have moderate whiplash. Pay-outs for moderate whiplash are £4,250 to £7,750.
Grade 3 whiplash – Severe whiplash
Do you have spinal damage in addition to your whiplash? If you have neurological symptoms, then you could claim between £7,750 and £16,400 for your injuries.
Grade 4 whiplash – Extreme whiplash
If you have suffered a dislocated vertebra or a fractured vertebra, then you will probably have extreme whiplash. For this type of injury, you can claim over £20,000.
But the value of compensation that is awarded totally dependent on severity of injuries and how much time it took to heal. The expert will analyze the medical records as well as the medical advices then court will proceed the process on the basis of reports and settle down the case of compensation rapidly.
In addition to the above, you should also take into account the financial impact that your accident has had on you. This is because you can also claim ‘special damages’, which is the compensation awarded for financial loss related to an accident. So for example, if you have lost out on income you can claim this back. You can also claim back out of pocket expenses related to your accident, such as travel expenses and medical expenses.