Moderately severe whiplash injuries – how much compensation should I receive?
If you have been injured in a road accident and suffered a whiplash injury, how much compensation will you receive for a moderately severe whiplash injury?
First things first, the easiest way to find out exactly how much YOUR whiplash claim is worth is to call us for a free, instant whiplash claim assessment. One of Loyalty Law's solicitors will take a few details from you and then they will be able to explain how much your whiplash claim will be worth.
What is a whiplash injury?
A whiplash injury usually involves your neck, back, shoulders or arms. It is soft tissue damage which causes pain to these areas. It usually occurs when your vehicle is hit from behind either while stationary or whilst moving slowly. Even a relatively low speed collision can cause a whiplash injury.
What is a moderately severe whiplash injury?
A moderately severe whiplash injury is one that is defined where symptoms persist for more than two years and a future prognosis is uncertain. In other words, it is not clear how much ongoing pain you will have and how long this will last for. Unfortunately, despite all medical advances, there are still occasions when the medical expert examining you will not be accurately determine exactly when you should make a recovery from your whiplash injury.
If you ask a specialist whiplash claims solicitor to help you they will choose an orthopaedic surgeon who will carry out a thorough examination. They will recommend any physiotherapy or chiropractic treatment to improve your chances of a full recovery. You may find that you have one medical examination within a few months of the accident but then he may ask to see you again 18 months or two years later. If at this point he is still unable to confirm exactly when you should make a full recovery but believes you will have some ongoing symptoms your injury would be classified as a moderately severe whiplash injury.
Compensation for moderately severe whiplash
To assess the amount of compensation your solicitor would look at previously decided similar compensation claims awarded by the courts. He would also refer to a book used to determine the amount of compensation called the Judicial Studies Board Guidelines for the Assessment of Damages. For a moderately severe whiplash injury this states that the compensation you will receive is likely to be between the amount of £4,250 and £7,750. These are only guidelines and it may be that you will receive more or less compensation for your injury depending on the medical evidence. However, this is not the only amount of compensation you will receive for your whiplash injury. More often than not the more significant part of the claim for a moderately severe whiplash injury relates to your losses and expenses incurred as a result of the accident. For example, you may not have been able to work for some weeks or months and the earnings you did not receive can be reclaimed as part of your compensation claim. In addition, any repairs or replacement of your car can be claimed along with medical treatment and all other expenses. These other expenses can significantly increase the amount of your whiplash claim.
If you have suffered neck, shoulder, back or associated pains for two years or more it is likely that you have sustained a moderately severe whiplash injury. You will be able to claim compensation for that injury along with compensation for your losses and expenses. An experienced whiplash claims solicitor will be able to provide you with an accurate assessment of the likely amount of compensation you will receive.
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