Whiplash Compensation

Whiplash compensation, or compensation for any injury, is split into two heads of claim – one for general damages, and one for special damages. Damages means the money that you get to settle your claim. I will go onto discuss each one in turn.

General Damages

General damages is compensation which you can claim for your injuries. A solicitor will place a value on your general damages by looking at the factors below:

Pain and suffering: This obviously means the pain your injuries have caused you; so, what is important to look at is the severity of the injury, and the length of time you have suffered. Psychological suffering is also considered within this.
Loss of amenity: Loss of amenity can cover a multitude of issues. It covers the effects your injury has had on many aspects of your life, and can include professional, domestic, and social life. For example, if prior to the accident you played football once per week, and after the accident you were unable to do this for 2 months, then this is a loss of amenity.

Special Damages

Special damages aim to reimburse you, the Claimant, for the financial losses which you have suffered as a result of the accident. These losses are quantifiable and are collated in a document known as a Schedule of Loss, which does not include your claim for General damages as this is pleaded separately. I have listed some of the more common types of special damages below:

Care and assistance – if you have required a family member, friend or professional carer you can claim back their time at an hourly rate.
Loss of earnings – if your accident has caused you to be absent from work and being left unpaid or on a reduced rate of pay, then you pay claim back this loss.
Treatment costs – if you have required treatment for your injury and it was necessary to pay privately for it, you can claim back this cost from the other side.
Other – Travel costs, prescription costs, and miscellaneous expenses (i.e. for phone calls, postage costs, photocopying you may have had to do as a result of the accident).

To maximise your compensation you should ensure your law firm offers you: