How much is your Whiplash Injury Claim Worth?

Well, if you want the definitive answer to that you need to speak directly to a Personal Injury Lawyer like myself…

To get a general idea as to the amount of compensation you might get for your whiplash claim have a look below at the compensation awarded for whiplash claims this year:

But just a warning, for an accurate valuation speak to a Personal Injury Lawyer – every case is different and you really do need to speak to a specialist Injury Lawyer to get any accurate idea as to what your claim might be worth…It really isn’t worth guessing the value of your claim.

In case you are wondering, general damages is the award for your injury (pain, suffering & loss of amenity) & special damages are items of specific loss (e.g. loss of earnings, damaged items etc)..

IAN FEWSTER v JANE TILLY (2007)
Total Damages: £2,000
Trial/settlement date: 17/8/2007
Judge: DJ Loomba
Age at trial: 49 PSLA: £2,000 (£2,000.00 RPI)
Type of Award: Court Award
Court: Newcastle County Court
Age at injury: 47
Sex: Male

The claimant, a 49-year-old man, received £2,000 for the whiplash injury to his neck sustained in a road traffic accident in May 2006. He made a full recovery within nine months after the accident.

Claimant: Male: 47 years old at date of accident; 49 years old at date of award.

Road Traffic: On May 10, 2006, the claimant driver (C) braked sharply to avoid a horse on the road. The defendant driver (D) failed to stop her vehicle in time and as a result it collided with the rear of C’s vehicle.

C sustained injury and brought an action against D alleging that her negligent driving had caused the accident.

Liability admitted.

Injuries: C suffered a whiplash injury to his neck.

Effects: Pain developed in C’s neck on the day of the accident. He saw his GP the following day and was prescribed ibuprofen analgesia.

C suffered from disturbed sleep for several nights after the accident. The pain was worst during the first month but he was unable to exercise for approximately six weeks.

Prognosis: C made a full recovery within nine months after the accident.

Court Award: £2,000 total damages.

Breakdown of General Damages: Pain, suffering and loss of amenity: £2,000
MARTYN GREGORY v CRAIG REDFEARNE (2007)
Total Damages: £1,567
Trial/settlement date: 4/7/2007
Judge: DJ Chapman
Age at trial: 23 PSLA: £1,500 (£1,508.73 RPI)
Type of Award: Court Award
Court: Salford County Court
Age at injury: 22
Sex: Male

The claimant, a 23-year-old man, was awarded £1,567 for the whiplash injuries sustained in a road traffic accident in February 2006. The claimant suffered pain in his neck and right shoulder and was unable to play golf for a month. He made a full recovery within six months of the accident.

Claimant: Male: 22 years old at date of accident; 23 years old at date of award.

Road Traffic: On February 24, 2006, the claimant (C) was stationary in his car which was struck from behind by a vehicle driven by the defendant (D).

C sustained injury and brought an action against D alleging that D’s negligent driving had caused the accident.

Liability admitted.

Injuries: C sustained a whiplash injury to his neck and shoulder in the accident.

Effects: C suffered headaches and acute symptoms in his neck and right shoulder for one week. He undertook light duties at work for two days and was unable to play golf for a month. C was also unable to take part in a karting event a week after the accident.

Four months after the accident C experienced intermittent symptoms and was mildly tender over the right side of the C4 vertebra.

Prognosis: C would make a full recovery within six months of the accident.

Court Award: £1,567.25 total damages.

Background to damages: D had made a payment into court on January 22, 2007, in the sum of £1,555. If interest was calculated to the last date of acceptance for that payment, C had failed to better it and, accordingly, C was ordered to pay D’s costs post payment in and C had his costs reduced to reflect the costs incurred post payment in.

Breakdown of General Damages: Pain, suffering and loss of amenity: £1,500; Interest on general damages: £20.

Breakdown of Special Damages: Loss of use: £15; Travel expenses: £25.60; Loss of benefit of karting membership: £3.35; Interest on special damages: £3.30.
YU-CARVER v BLESSING (2007
Total Damages: £4,800
Trial/settlement date: 14/6/2007
Age at trial: 41 PSLA: £3,500 (£3,500.00 RPI)
Type of Award: Out of Court Settlement
Court: Out of Court Settlement
Age at injury: 39
Sex: Female

The claimant, a 41-year-old woman, received £4,800 for the whiplash injury sustained in a road traffic accident in October 2005. She had a pre-existing condition and as a result, although she was expected to have made a full recovery at two years from the date of the accident, any persisting discomfort was likely to be similar to that which she would have experienced in any event.

Claimant: Female: 39 years old at date of accident; 41 years old at date of settlement.

Road Traffic: On October 19, 2005, the claimant (C) was sitting in the driver’s seat of a stationary vehicle when it was hit from the rear by a vehicle driven by the defendant (D).

C sustained injury and brought an action against D alleging that D’s negligent driving had caused the accident.

Liability admitted.

Injuries: C sustained a whiplash injury to her neck.

Effects: Immediately after the accident, C felt very shaken and within a few hours she felt discomfort in her neck. She subsequently attended her GP who recommended physiotherapy. C had previously consulted her GP in June 2005 in relation to her lower back but had not received physiotherapy.

The following morning, C experienced more severe pain in her neck and shoulders and felt considerable stiffness and the pain in her lower back had become worse.

C began physiotherapy five days after the accident and after a week it was noted that there had been an early improvement in her neck symptoms. Nevertheless, C continued to suffer from intermittent pain over the following months.

Two months after the accident, C had received 19 sessions of physiotherapy and her condition had improved but not fully resolved. She was advised to continue undertaking regular exercises.

One year after the accident, the majority of C’s symptoms had improved although she was aware of minor intermittent aching discomfort in her neck and lower back.

Prognosis: C was expected to make a full recovery at two years from the date of the accident, with any persisting discomfort likely to be similar to that which she would have experienced in any event.

Out of Court Settlement: £4,800 total damages.

Breakdown of General Damages: Pain, suffering and loss of amenity: £3,500.

Breakdown of Special Damages: Past physiotherapy costs: £680; Past travelling expenses: £605; Cost of back support cushion: £15.
PAUL WILSON v MICHAEL CRANE (2007)
Total Damages: £1,100
Trial/settlement date: 15/5/2007
Judge: DDJ Davey
Age at trial: 37 PSLA: £1,100 (£1,105.87 RPI)
Type of Award: Court Award
Court: Birkenhead County Court
Age at injury: 36
Sex: Male

The claimant, a 37-year-old man, received £1,100 for the whiplash injury sustained in a road traffic accident in January 2006.

Claimant: Male: 36 years old at date of accident; 37 years old at date of award.

Road Traffic: On January 9, 2006, the claimant (C) sustained injury as a result of a rear-end shunt from a car driven by the defendant (D) into the vehicle in which C was travelling.

C sustained injury and brought an action against D alleging that his negligent driving had caused the accident.

Liability admitted.

Injuries: C suffered whiplash injury to his neck.

Effects: C attended hospital and was advised to take painkillers.

C was absent from work for six days.

C’s hobby of playing football was affected for three weeks after the accident.

Prognosis: C had almost recovered from his neck injury by two-and-a-half months after the accident and he had made a full recovery within four months.

Court Award: £1,100 total damages.

Breakdown of General Damages: Pain, suffering and loss of amenity: £1,100.
Total Damages: £2,617
Trial/settlement date: 5/5/2007
Judge: DDJ Pithouse
Age at trial: 21 PSLA: £2,250 (£2,262.00 RPI)
Type of Award: Court Award
Court: Maidstone County Court
Age at injury: 20
Sex: Male

The claimant, a 21-year-old man, received £2,617 for the whiplash injuries sustained in a road traffic accident in February 2006. The claimant suffered pain and reduced mobility in his neck and back as well as travel anxiety. He made a full recovery within 12 months of the accident. No costs were awarded on account of the conduct of the claimant’s solicitors.

Claimant: Male: 20 years old at date of accident; 21 years old at date of award.

Road Traffic: On February 8, 2006, the claimant (C), who was driving his car, was shunted from behind by a vehicle driven by the defendant (D).

C sustained injury and brought an action against D alleging that D’s negligent driving had caused the accident.

Liability admitted.

Injuries: C sustained soft tissue injuries and minor glass cuts to his neck and back in the accident.

Effects: C was absent from work for a couple of days after the accident. His injuries were severe for five weeks and he suffered disturbed sleep, headaches and travel anxiety.

Four months after the accident he was still experiencing symptoms in his neck and back on lifting, bending and reaching and the lateral flexion and rotation of his cervical spine was reduced.

C was unable to go to the gym or play football for five months.

Prognosis: C made a full recovery from his physical injuries within 10 months of the accident and the travel anxiety within 12 months.

Court Award: £2,617 total damages.

Background to damages: On account of the conduct of C’s solicitors during pre-trial negotiations the judge awarded C costs only on the fixed predictive basis as set out in CPR45 Section II and ordered C to pay D’s costs of the litigation, which were summarily assessed.

D’s insurer had made two pre-action offers to settle to C’s solicitors but they had failed to respond to the second offer and proceeded to issue proceedings instead. The judge said that there was a duty under the PI pre-action protocol on the parties to negotiate. Although there had been some negotiation, C’s solicitors had not responded to offers and had unilaterally broken off negotiations without any comment to D’s insurers. This had caused costs to be incurred and therefore C was not entitled to any costs of the litigation. Permission to appeal was also refused.

Breakdown of General Damages: Pain, suffering and loss of amenity: £2,250.

Breakdown of Special Damages: Damaged cymbals and miscellaneous expenses: £367.
MARK CHATBURN v SPICER (2007)
HOSSEINI v (1) WILLIAMS (2) MOTOR INSURERS’ BUREAU (2007)
Total Damages: £1,009
Trial/settlement date: 22/3/2007
Judge: DJ Harrison
Age at trial: 46 PSLA: £1,000 (£1,014.19 RPI)
Type of Award: Court Award
Court: Manchester County Court
Age at injury: 44
Sex: Male

The claimant, a 46-year-old man, was awarded £1,009 for the neck injuries sustained in a road traffic accident in October 2004. He suffered pain for three months after the accident.

Claimant: Male: 44 years old at date of accident; 46 years old at date of award.

Road Traffic: On October 19, 2004, the claimant (H) was stationary in his vehicle in a queue of traffic when a vehicle driven by the first defendant (W), an uninsured driver, collided with the rear of his vehicle, pushing it forward into the vehicle in front of it.

H sustained injury and brought an action alleging that W’s negligent driving had caused the accident.

Liability admitted by the Motor Insurers’ Bureau.

Injuries: H sustained neck and shoulder injuries.

Effects: H suffered pain for three months after the accident.

Court Award: £1,009 total damages.

Background to damages: H was awarded £250 to cover the policy excess but this was subsumed by the MIB’s property damage excess of £300.

Breakdown of General Damages: Pain, suffering and loss of amenity: £1,000; Interest: £9.
LINDA FITZPATRICK v STINTON (2007)
Total Damages: £2,500
Trial/settlement date: 13/3/2007
Judge: DDJ Naish
Age at trial: 49 PSLA: £2,500 (£2,535.47 RPI)
Type of Award: Court Award
Court: Birmingham County Court
Age at injury: 47
Sex: Female

The claimant, a 49-year-old female, was awarded £2,500 for the physical and psychological injuries sustained in a road traffic accident in March 2005. The claimant suffered whiplash injuries to her neck and right shoulder, bruising, a chipped tooth and travel anxiety. She recovered from her physical injuries within seven months of the accident but continued to suffer minimal travel anxiety symptoms.

Claimant: Female: 47 years old at date of accident; 49 years old at date of award.

Road Traffic: On March 24, 2005, the claimant (C) was driving a vehicle when it was hit from the side by a car driven by the defendant (D).

C sustained injury and brought an action against D alleging that D’s negligent driving had caused the accident.

Liability admitted.

Injuries: C sustained whiplash injuries to her neck and right shoulder in the accident.

Effects: C suffered bruising over the surface of her anterior chest wall in the line of her seatbelt, pain and swelling of her dominant right hand, bruising to her feet and ankles, and a chipped front right incisor tooth.

C also developed travel anxiety with associated flashbacks.

C took Ibuprofen on a daily basis for six weeks during which time her sleep was disturbed on account of the pain. After six weeks she took painkillers when needed.

C was given a session of physiotherapy and advised upon what exercises to undertake to alleviate her neck and shoulder symptoms.

C was absent from work for two weeks after which time she worked light duties for a further two weeks. She was also unable to perform household chores for approximately six weeks after the accident.

C’s soft tissue bruising injuries had settled within two to three weeks after the accident. However, for four months C experienced ongoing neck and right shoulder pain, particularly when driving and after sitting for a long time in the same position. She continued to suffer pain in her neck and shoulder until approximately six to seven months following the accident.

C received dental treatment for her tooth which returned the tooth to normal and did not affect her cosmetic appearance.

At trial, almost two years after the accident, C reported that she was still suffering minimal travel anxiety symptoms relating to cars approaching junctions at speed.

Court award: £2,500 total damages.

Background to damages: The judge indicated that an award of £1,800 was appropriate for the neck, right shoulder and bruising injuries, £600 for the travel anxiety and £700 for the damaged tooth. However, he applied a discount to the multiple injuries suffered to reflect overlap.
Y v SOMERFIELD LTD (2007)
Total Damages: £2,026
Trial/settlement date: 6/3/2007
Age at trial: 46 PSLA: £1,750 (£1,774.83 RPI)
Type of Award: Out of Court Settlement
Court: Out of Court Settlement
Age at injury: 45
Sex: Male

The claimant, a 46-year-old male received £2,026 for the neck injury sustained in a road traffic accident in March 2006. The claimant suffered a soft tissue injury and was unable to work for one week.

Claimant: Male: 45 years old at date of accident; 46 years old at date of settlement.

Road Traffic: On March 30, 2006, the claimant (Y) was a passenger in a vehicle that was struck from behind by a lorry driven by the servant or agent of the defendant company (D).

Y sustained injury and brought an action against D alleging that it was liable for the negligent driving of its servant or agent.

Liability admitted.

Injuries: Y suffered a soft tissue injury to his neck in the accident.

Effects: Y’s symptoms lasted for a week and he was unable to work during that time. Any neck symptoms after that period were classed as “constitutional” by the medical expert. Y had sustained a neck injury several years before the accident but had made a full recovery.

Out of Court Settlement: £2,026 total damages.

Breakdown of General Damages: Pain, suffering and loss of amenity: £1,750.

Breakdown of Special Damages: Loss of earnings: £216; Care, travel and miscellaneous expenses: £60.
DONNA FRASER v JAMES CHESTER (2007)
Total Damages: £2,507
Trial/settlement date: 19/2/2007
Judge: DJ Chapman
Age at trial: 41 PSLA: £2,000 (£2,041.36 RPI)
Type of Award: Court Award
Court: Salford County Court
Age at injury: 40
Sex: Female

The claimant, a 41-year-old woman, received £2,507 for the whiplash injuries sustained in a road traffic accident in February 2007. The claimant suffered from acute neck pain and restricted movement and aggravation of a pre-existing curvature of the spine. She made a full recovery within 12 months of the accident.

Claimant: Female: 40 years old at date of accident; 41 years old at date of award.

Road Traffic: On February 19, 2007, the claimant (C) was sitting in the driver’s seat of a stationary vehicle that was shunted from behind by a car driven by the defendant (D). C suffered from a pre-existing curvature of the spine for which she had been on long-term medication.

C sustained injury and brought an action against D alleging that D’s negligent driving had caused the accident.

Liability admitted.

Injuries: C sustained whiplash injuries to her neck, back and shoulder.

Effects: C suffered from shock and lost her appetite immediately after the accident. She experienced discomfort in her neck and shoulders, which disturbed her sleep.

C suffered from acute neck pain for three weeks. Upon examination less than three months after the accident, she continued to complain of pain and restricted movement in her neck.

The accident aggravated C’s pre-existing condition for a period of six months.

C received one session of physiotherapy and made a full recovery within 12 months of the accident.

Court Award: £2,507 total damages.

Breakdown of General Damages: Pain, suffering and loss of amenity: £2,000.
KERRY MADDOCK v TEBBUTT (2007)
Total Damages: £1,280
Trial/settlement date: 9/2/2007
Judge: DJ Gaunt
Age at trial: 23 PSLA: £1,250 (£1,275.85 RPI)
Type of Award: Court Award
Court: Tameside County Court
Age at injury: 22
Sex: Female

The claimant, a 23-year-old woman, received £1,280 for the injuries to her neck and left shoulder sustained in a road traffic accident in August 2005. The claimant made a full recovery within three months of the accident.

Claimant: Female: 22 years old at date of accident; 23 years old at date of award.

Road Traffic: On August 10, 2005, the claimant (C) was sitting in the driver’s seat of a stationary vehicle when it was hit from the rear by a vehicle driven by the defendant (D).

C sustained injury and brought an action against D alleging that D’s negligent driving had caused the accident.

Liability admitted.

Injuries: C sustained a whiplash injury to her neck and an injury to her left shoulder in the accident.

Effects: C suffered acute pain which lasted two weeks before becoming moderate discomfort for another two weeks and then intermittent discomfort for a further two months until she had completely recovered.

C avoided heavy domestic tasks for two weeks and was away from work for three days. She was unable to carry out her hobby of dancing for three weeks after the accident.

Prognosis: C had made a full recovery three months after the accident.

Court Award: £1,280 total damages.

Breakdown of General Damages: Pain, suffering and loss of amenity: £1,250; Interest on general damages: £10.94

Breakdown of Special Damages: Past transport and medical costs: £19.09
THOMPSON v ALLAN (2007)
Total Damages: £1,702
Trial/settlement date: 7/2/2007
Judge: DJ McCullogh
Age at trial: 48 PSLA: £1,650 (£1,684.12 RPI)
Type of Award: Court Award
Court: Birkenhead County Court
Age at injury: 48
Sex: Female

The claimant, a 48-year-old woman, was awarded £1,702 for the whiplash injuries sustained in a road traffic accident in June 2006. The claimant suffered neck, shoulder and back injuries and sleep disturbance and travel anxiety. She made a full recovery within six months.

Claimant: Female: 48 years old at date of accident; 48 years old at date of award.

Road Traffic: On June 25, 2006, the claimant (C) had been stationary on a slip road at a roundabout when she was shunted in the rear by a vehicle driven by the defendant (D).

C sustained injury and brought an action against D alleging that D’s negligent driving had caused the accident.

Liability admitted

Injuries: C sustained whiplash injuries to her neck, lower back and between her shoulder blades in the accident.

Effects: C suffered discomfort in her neck one to two days after the accident which then intensified and the symptoms developed in her lower back and between her shoulder blades. C’s symptoms were acute for four weeks after the accident. For three weeks C regularly took analgesic medication and suffered a disruption of her sleep pattern.

For six weeks C was unable to sit for prolonged periods without aggravating her symptoms.

Two months after the accident C continued to experience intermittent discomfort in her neck which was occasionally followed by headaches.

C was unable to attend dog training classes for a month after the accident. She also suffered from travel anxiety and was apprehensive when stationary at junctions.

C made a complete recovery within six months of the accident.

Court Award: £1702.28.

Breakdown of General Damages: Pain, suffering and loss of amenity: £1,650.
FREEMAN v BURKE (2007)
Total Damages: £2,418
Trial/settlement date: 26/1/2007
Judge: DJ Hearne
Age at trial: 38 PSLA: £2,334 (£2,399.99 RPI)
Type of Award: Court Award
Court: Walsall County Court
Age at injury: 36
Sex: Female

The claimant, a 38-year-old woman, was awarded £2,417 for the whiplash injury sustained in a road traffic accident in November 2004.

Claimant: Female: 36 years old at date of accident; 38 years old at date of award.

Road Traffic: On November 19, 2004, the claimant (C) was driving her car on a major road. She slowed to a stop in heavy traffic and without warning the defendant (D) collided with the rear of her stationary vehicle. C sustained injury and brought an action against D alleging that his negligent driving had caused the accident.

Liability admitted.

Injuries: C sustained a soft tissue whiplash injury to her neck and sprained her right wrist.

Effects: The acute phase of the whiplash injury lasted approximately 10 to 14 days. C’s residual neck symptoms resolved within 12 months of the accident with no ongoing sequelae. C’s wrist injury was fully resolved within one week of the accident.

Court Award: £2,417.60 total damages.

Breakdown of General Damages: Pain, suffering and loss of amenity: £2,334.78.

Breakdown of Special Damages: Travelling expenses: £72.82; Miscellaneous expenses: £10.00.
ABDUL AHAD v DAMIEN BRYNE (2007)
Total Damages: £1,950
Trial/settlement date: 8/1/2007
Judge: DJ Stonier
Age at trial: 18 PSLA: £1,850 (£1,902.31 RPI)
Type of Award: Court Award
Court: Manchester County Court
Age at injury: 17
Sex: Male

The claimant, an 18-year-old man, received £1,950 for the whiplash injury and headaches sustained in a road traffic accident in September 2005. The claimant made a full recovery within 12 months of the accident.

Claimant: Male: 17 years old at date of accident; 18 years old at date of award.

Road Traffic: On September 15, 2005, the claimant (C) was sitting in the front passenger seat of a stationary vehicle when it was hit from the rear by a car driven by the defendant (D). A year after the accident, C was involved in another car accident.

C sustained injury and brought an action against D alleging that D’s negligent driving had caused the accident.

Liability admitted.

Injuries: C sustained whiplash injuries to his neck and shoulder in the accident.

Effects: C suffered acute neck pains within an hour of the accident and three days later he was prescribed painkillers. For six to seven weeks after the accident C suffered acute pains in his neck that radiated to the tops of both shoulders, and intermittent headaches. During this period he was unable to carry out his hobby of playing football, his sleeping pattern was disturbed and he missed some driving lessons.

Five months after the accident C was suffering intermittent discomfort in his neck radiating to his shoulders. This was aggravated by C lifting heavy objects, moving suddenly, looking upwards and reaching out. He continued to suffer intermittent headaches, and at the date of the trial they sometimes occurred once or twice weekly.

At eight to nine months after the accident C had recovered by 90 per cent.

Prognosis: Total recovery was expected within 9 to 12 months. Medical evidence stated that but for the second accident C would have been expected to recover from the symptoms of the first accident within 12 months or shortly thereafter.

Court Award: £1,950 total damages.

Breakdown of General Damages: Pain, suffering and loss of amenity: £1,850.

Breakdown of Special Damages: Miscellaneous expenses: £40; Travel: £38; Interest on Special Damages: £22.
HUBBOCK v MORAN (2007)
Total Damages: £22,000
Trial/settlement date: 7/1/2007
Age at trial: 78 PSLA: £18,500 (£19,023.07 RPI)
Type of Award: Court Award
Court: Out of Court Settlement
Age at injury: 76
Sex: Male

The claimant, a 78-year-old man, received £22,000 for the neck, collarbone, eye and rib injuries sustained in a road traffic accident in January 2005.

Claimant: Male: 76 years old at date of accident; 78 years old at date of settlement.

Road Traffic: On January 27, 2005, the claimant (C) was driving along a single carriageway road when the defendant (D) crossed onto his side of the road resulting in a head on collision. C, who was wearing a seatbelt, was thrown around in his seat. C sustained injury and brought an action against D alleging that his negligent driving had caused the accident.

Liability admitted.

Injuries: C sustained a broken collar bone, three broken ribs, a whiplash type injury to his neck and reduction in vision in his right eye in the accident.

Effects: C had blurriness of vision in his right eye thought to be caused by vitreous condensation due to the trauma of the whiplash motion in the accident. After a vitrectomy he was left with visual acuity of 6/24 in his right eye, which was effectively a reduction in vision by 50 per cent from his pre-accident state.

C experienced loss of enjoyment of hobbies, in particular golf and gardening, due to pain in his shoulder and reduction in vision. Some restriction of movement in shoulder and neck made daily tasks such as lifting, reaching and carrying more difficult.

Prognosis: C’s fractured ribs, bruising and abrasions resolved within a few weeks. C’s fractured collarbone never united but due to his age he was advised against open reduction and internal fixation surgery. The reduction in vision in his right eye was likely to be permanent.

Court Award: £22,000 total damages.

Breakdown of General Damages: Pain, suffering and loss of amenity: £18,500.

Breakdown of Special Damages: Damaged or lost property including a digital hearing aid: £1,800; Care: £1,800.
MACKIN v ZHANG (2007)
Total Damages: £1,054
Trial/settlement date: 3/1/2007
Judge: Judge Orrell
Age at trial: 43 PSLA: £1,000 (£1,028.27 RPI)
Type of Award: Court Award
Court: Derby County Court
Age at injury: 42
Sex: Male

The claimant, a 42-year-old male, was awarded £1,054 for the whiplash injury sustained in a road traffic accident in May 2005. The claimant made a full recovery within six weeks of the accident.

Claimant: Male: 42 years old at date of accident; 43 years old at date of award.

Road Traffic: On May 3, 2005, the claimant (C) collided into a vehicle driven by the defendant (D) which had pulled out from a side road across his path.

C sustained injury and brought an action against D alleging that D’s negligent driving had caused the accident.

Liability disputed.

Injuries: C sustained a whiplash injury to his neck in the accident.

Effects: Following the accident, C suffered from aches and stiffness in his neck for six weeks, as well as disturbed sleep during the first week.

Prognosis: C made a full recovery within six weeks of the accident.

Court Award: £1,054 total damages.

Background to damages: D had pleaded that it was a small claims matter and costs should not be paid. At trial, C’s costs were summarily assessed in excess of £4,000 as the matter had been allocated to the fast track and D’s offer was beaten.

Breakdown of General Damages: Pain, suffering and loss of amenity: £1,000; Interest: £11.

Breakdown of Special Damages: Travelling expenses, medication and miscellaneous expenses: £38; Interest: £4.