Your claim will be against whoever was responsible for your injury and accident, which may be the person who was driving at the time. This can make many people feel hesitant about recouping the costs of their injury. However, road traffic accident claims are usually made against the insurance company of the person responsible, meaning the driver isn’t left out of pocket.
Average Whiplash Settlements: What is Your Neck Injury Accident Claim Worth?
A variety of factors come into play when evaluating a whiplash case for the purpose of an injury settlement. A prime consideration is an examination of medical treatment and therapy provided in the aftermath of an accident. This may include emergency room treatment, follow-up appointments with a primary care physician, and physical therapy. In rare cases, occupational therapy may also be included in the post-whiplash treatment regimen.
Contributory negligence has also been found – and compensation reduced as a result – in cases where the claimant was turning right from a main road and was hit by another vehicle attempting to overtake (Joliffe v Hay (1991) – compensation was reduced by 30% because he had only used his mirrors once); and where the claimant was not wearing a seatbelt (Froom v Butcher (1976)).
Average Settlement for Whiplash Injury
Whiplash is considered a soft tissue injury that affects the neck and shoulder muscles resulting in sharp pain and swelling surrounding those areas. Delayed whiplash is quite common after being involved in a motor vehicle accident however, even if you are not experiencing the pain immediately, it is important to seek medical attention following the accident. It is important that you do not sign an settlement statement right away and be sure to wait a little to see if any injuries surface a few days later. Once you have signed any type of settlement agreement, there is no chance to file a claim. It is also important to remember that every State has a statute of limitations, which allows you to sue within a certain timeframe that is generally 2 years. However, every State has different laws so be sure to be knowledgeable in regards to your State’s laws.
Car Accident Whiplash Claims: How to claim compensation for whiplash following a UK car accident
Car accident whiplash claims: find out in a question and answer session how to claim whiplash in the UK following a car accident, how to get free online help from a specialist RTA solicitor – with a link to a page setting out compensation amounts for car accident whiplash claims and details of records you should keep to support other types of losses you might have incurred in your RTA.
We offer expert legal advice and have a high 98% claim success rate. Every claimant
is treated as an individual and our team of solicitors will work with you to ensure you
fully understand the accident claim compensation process, telling you what you can
expect as well as providing care and support to those that need it most.
Whiplash Injury Claims: Essential Tips to Maximize Compensation
Medical records: Medical costs are a large part of any settlement calculation. Collect all your medical bills and records from the emergency room, your primary care provider, medical specialists, and physical therapy. The records of treatment will link your whiplash injury to the accident, document the physical effects of your injury, and validate the time it’s taking you to recover.
Car Accident Compensation: The Types Of Loss You Can Claim With Examples Of Whiplash Compensation Amounts
If you were unable to work as a result of your road accident you are entitled to claim lost income as a net amount – income after tax and national insurance is deducted. You can normally prove this amount with a letter from your employer or 13 weeks payslips prior to your accident. If you are self employed – you will need to show your lost income from your accounts.
Making an Injury Claim for Whiplash After an Accident
If you are making a claim with an insurance carrier, be sure to document all
of the expenses you incur relating to your treatment and rehabilitation. These
include economic damages such as mileage, lost wages, medical bills,
prescription costs and insurance co-pays. Any out-of-pocket expenditure could
potentially be a reimbursable cost. Insurance adjusters need proof of loss for
every dollar they pay out, and they appreciate documentation for any and all
expenses. If you make their lives easier by keeping complete records, you may
find that money starts coming your way sooner rather than later.
Whiplash Claims Calculator – Calculate Your Claim
Bott and Co Solicitors Ltd is a Private Limited Company registered in England and Wales with registration number 8615712. Registered office and principal place of business St Anns House, Parsonage Green, Wilmslow, Cheshire, SK9 1HG. Bott and Co Solicitors Ltd is authorised and regulated by the Solicitors Regulation Authority, SRA Number 605593. The professional rules of the SRA can be accessed here. Bott and Co Solicitors Ltd is an alternative business structure regulated by the SRA. Bott and Co Solicitors Ltd is an ISO 27001 certified company. If you have any queries please contact us for more information.
You should go and see your doctor immediately, even if you have already been to an emergency department, and he may even want you to see a specialist. Please take his or her advice about how to proceed in order to minimise any impact to your long term health. We often see clients just wanting to get on with their lives, but with a whiplash accident you need to be vigilant about the potential long term damage.