Whiplash is a regular occurrence on our roads, with many people suffering the full effects of what is a painful and debilitating injury. Nevertheless, the good news is that if this injury happened because of an accident which was not your fault, you could be entitled to compensation. Although this will never reverse the suffering you have experienced, it will at least help to put you back in the position you were in before the accident.

What Can You Claim?

When you make a whiplash claim, you will be awarded for General Damages and for Special Damages. We will explore each of these in turn, allowing you to know exactly what you will be able to claim for:-

1. General Damages

General Damages are awarded for the pain, suffering and loss of amenity you have had to endure because of your whiplash injury. When we talk about pain and suffering, this can refer to both the physical and emotional injuries you have sustained, as well as the harm this has caused your loved ones. Part of this is loss of amenity, which relates to the way your quality of life has been affected. For example, if you used to enjoy playing sports but you can no longer do so because of your injury, then this would be considered a loss of amenity.

Therefore the sum you will be awarded for General Damages will be entirely dependent upon the nature of your injuries, how long you suffered for, and the way in which this has (and will continue) to influence your life. Your solicitor will take these factors into account before deciding upon an amount which reflects the pain, suffering and loss of amenity you have experienced. Generally speaking, this will fall into one of the following brackets:-

• Minor whiplash injuries – £750 to £2,500 (with full recovery in one year)

• Minor whiplash injuries – £2,500 to £4,250 (with full recovery in two years)

• Moderate whiplash injuries – £4,250 to £7,750

• Severe whiplash injuries – £7,750 to £13,750

2. Special Damages

Special Damages are more specific, as it is the acute financial loss you have sustained as a direct result of your injury. For example, if you had to take four weeks off work, you will be able to claim for the wages you lost during this time. Other factors that are covered by Special Damages include:-

• Money spent on medical treatment;

• Travel expenses (for example, if you had to get a taxi to hospital);

• Carer fees;

• Cost of domestic help;

• Expense of any aids now required by the injured party (such as a supportive pillow or a new mattress).

Negotiating A Settlement

Once your solicitor has calculated an appropriate sum of compensation, he/she will make an offer to the defendant’s insurance company. This may be accepted straight away, or the other side may try to enter into negotiations. Your solicitor will advise you what to do at this stage. However, if the insurance company makes a reasonable suggestion, you may be advised to accept. Your claim can then be settled without the need of court proceedings. Soon afterwards, you will receive 100% of your compensation.