If you are reading this blog, you may be one of those many people out there who has had an accident that was not their fault, and as a result, is suffering from a condition known as whiplash. When deciding whether to begin a claim for compensation, many people may firstly consider whether the possible hassle and stress of making a claim will be worth the possible benefits that they can receive at the end. In answer to this, making claims does not have to be the hassle that you might think, and compensation for whiplash is aimed to reflect the suffering that this debilitating condition can cause.
In order to discuss the subject of this blog and how we reach the average claim payouts, I will firstly discuss how a claim is valued, and then how valuations have changed coming from 2010 and going into 2011.
How is a claim valued…
In order to value a claim, a specialist personal injury solicitor will use the following items:
- A medical report – once liability has been admitted on your claim, your solicitor will arrange for you to attend a medical examination. After this examination a medical professional will then produce a report assessing your injuries and the effects that the accident has had on various aspects of your life. The report will also give recommendations for future treatment where appropriate. This report forms the basis from which a valuation can be made.
- Case law – by case law I mean previous whiplash cases which are similar to your own, and which have already been settled. These cases can then provide a precedent to which your case may follow.
- Experience, knowledge, and expertise – a specialist personal injury lawyer will use all of their specialised knowledge and expertise in order to get the best settlement possible on your claim. So, choosing a specialist personal injury firm with years of experience can make all the difference.
- JSB Guidelines – these guidelines place whiplash injuries into categories for the purposes of valuation, and this leads me perfectly to my next subject.
Changes to Claim Valuations…
As discussed above, the JSB guidelines are another tool used for valuing claims – these have however altered slightly for 2011. I have listed their current valuations below:
- Minor Whiplash Injuries – between £875 to £5,150
- Moderate Whiplash Injuries – range from £5,150 to £16,400
- Severe Whiplash Injuries – range up to anywhere in the region of £97,000
There are many factors which decide which band your claim can fit in to – these can include the severity of your injury, the length of time suffering, the effects it has had on your life, and any psychological injuries that you may have consequently sustained.
If you have any questions regarding your potential claim for whiplash then feel free to give us a call.
