Remember Me
forgot your password?

A Guide to Compensation in Whiplash Claims

If a person is able to prove that someone has been negligent and caused them loss, injury or expense, they are entitled to compensation. However, who or how do you determine how much compensation that person should receive?

The Purpose of Compensation for Negligence

If you are involved in a car accident and you make a claim for whiplash compensation, English law states that you are only entitled to receive compensation that will put you back in the same position as you were in if you had not had the accident. The law is very clear that you should not be put in a better position than you were before the accident.

Difficulties in Assessing the Amount of Whiplash Compensation

Whilst it is easy to assess some aspects of a claim for compensation, such as lost earnings due to injury, or the cost of repairs to your car, it is not so easy to compenste you for your injuries. If the purpose of compensation is to put you back into the same position you were in before the accident, how can this be achieved with your pain and suffering? The pain cannot be made to completely disappear in some circumstances. In cases of injury, the only solution is to try and ensure you make a full recover, and if not, to put a figure on how much the pain is worth to you in monetary terms. Therefore, if you suffer a whiplash injury, you can claim for the cost of any private medical treatment which will help to improve your pain and suffering, and you can also claim a sum of compensation for the pain you experienced until you made a full recovery, or if you fail to do so how much that ongoing pain is worth.

It is accepted that this is not an easy task, but over the years the courts awarded fairly standard amounts for similar types of injuries. This then enabled the Judicial Studies Board to review all of these cases and prepare a book which puts a value on the various different types of injuries sustained, from whiplash injuries, to broken arms and even more serious claims. For more information on valuing a claim see here : Amounts of Whiplash Compensation.

Claiming Compensation for Non Injury Losses and Expenses

In addition to claiming compensation for injuries, you can also claim compensation for other losses and expenses which were caused by the accident. These are more straightforward to quantify, normally by receipts or invoices, or in the case of lost earnings, wage slips from employers. These expenses and losses can include:

* Lost earnings due to time away from work

* Repairs to your vehicle

* Additional travel expenses incurred (eg travelling to doctor appointments etc)

* Private medical treatment (eg physiotherapy or chiropractic)

* Any medication purchased

Whilst it is not always easy to quantify a claim for compensation, over the years there has been sufficient case law which enables the courts to achieve the purpose of compensation: to put the person claiming compensation back in the position they would have been in had the accident not happened.

For further information regarding Whiplash Compensation please visit our website.

Nick Jervis

1stclaims.co.uk is run by a non-practising Personal Injury Solicitor with over 14 years personal injury claims experience. We use this first hand knowledge of the Personal Injury Claim system to hand select the very best personal injury solicitors for you. We want you to be handled professionally and to receive the best possible service.
A UK Network Of Personal Injury Experts Waiting To Help You!

1stclaims.co.uk are on your side to find you the right personal injury solicitor. We have a UK wide network of over 200 personal injury solicitors ready and waiting to help you with your claim. You can be sure that they not only possess the expert knowledge they need to help you, but that they also will have a genuine interest in making sure the whole claim process is kept as simple as it can be for you.
What Do You Receive When You Let 1stclaims.co.uk Help You?

All of our personal injury solicitors are vetted by us personally to ensure you will be well taken care of. When you contact us we will take all the necessary information that we need from you to get your claim moving in the right direction. We will appoint an expert solicitor to review the details and get in touch with you by telephone, so that you can make sure you are happy to proceed. There is no charge for this service and of course we offer a completely "no win no fee" service. If your claim is not successful, you do not pay for the service, if your claim succeeds, any costs payable are reclaimed from the other party's insurance company. So you can rest assured that you are in safe hands.
Extra Free Benefits You Will Receive from 1stclaims.co.uk

In addition to a hand picked solicitor, we can also arrange FREE Motorcycle Hire or Car Hire along with private medical treatment to help you recover more quickly from your injuries and a prompt, efficient service.
Qualified Solicitors and Legal Executives Only!

It may surprise you to know that many firms of solicitors use junior, often non qualified staff to handle your claim. 1stclaims.co.uk ensure that only expert qualified personal injury solicitors and legal executives will handle your claim.

Rate this Article: 0 / 5 stars - 0 vote(s)
Print Email Re-Publish

Add new Comment



Captcha
-1
1. Mohamed (20:26, 28.06.2007)
Another claims managent company self promoting their own glory. Dont be sucked in, I am a law student and this guy has done this article just to gte a free link. They get paid £700 a claim and don't give a sdam about the "client".

  • Latest Law Articles
  • More from Nick Jervis

California and International Celebrity Lawyer On Invasion of Privacy, Advertising Injury, Defamation, and Misappropriation of Name, Likeness and Image

By: R. Sebastian Gibson | 11/11/2009
Today, Celebrity and Workplace Invasions of Privacy are occurring on a daily basis. The right of publicity, the right to control the commercial use of their identity, is constantly infringed. Now individual citizens are also having their privacy invaded in the work place by their employers. California Celebrity and Invasion of Privacy Attorney Sebastian Gibson analyzes what can be done to stop it. The article also looks at insurance coverage for invasions of privacy and advertsing injury.

Search and Seizure from Vehicle

By: Erich Shrefler | 11/11/2009
According to the fourth amendment a police officer is allowed to search the interior of a vehicle (including the glove compartment) if the operator of that vehicle has been pulled over for a traffic violation.

The Hard Statistics About Work Accidents

By: Nick Jervis | 11/11/2009
Going to work could be bad for your health, according to the figures for 2007 - 2008, released by the Health and Safety Executive.

Prejudice In The Legal System – A Misunderstood Concept

By: Thomas Ajava | 11/11/2009
The election of an African-American President was something few people thought would happen in their lifetimes. The reason? Prejudice against people of color. Alas, there is an open prejudice in the legal system as well. The type of prejudice we are talking about in this article, however, is not an offensive version and is often misunderstood.

Things to Think about when Choosing a Divorce Attorney

By: Charles Sellestor | 11/11/2009
If you are contemplating a divorce, then you must be aware that not all divorce attorneys are equal. There are, of course, some divorce lawyers that will do a better job than others. Shopping around is how it can be thought of.

Do you hold probate troubles? Read how fast to get rid of them!

By: Adan Walsh | 11/11/2009
Do your ever have troubles with the will of the deceased? Do such problems lead you to the probate trial? These and many identical questions in this respect one can come across in a case one family member departs and unexpectedly the point arises who will be a heir of his belongings. To decide this trouble a lot of time, nerves and even funds are required. The single human who may help you to adjust everything and decide the trouble to your favour is for sure your probate lawyer as hre...

No-Fault Divorce Turns 40

By: Josh D. Simon | 11/11/2009
It's with unintentional irony that we note the 40-year anniversary of something that, according to some, has enabled fewer anniversaries -- of the wedding kind -- over the last four decades than anything else: no-fault divorce

Child charge strategy – What to do and how to behave?

By: Reed Best | 11/11/2009
Any divorcement brings several problems and takes lots of time and nerves. After dissolution of marriage great deal of pairs start to share property and what is more serious and painful for parents and kids as well is child custody. With who should reside the kid - with mother or father? As usuall parents, who made ready themselves for such trouble solving, get more auspicious and proper directions with respect to this question from the trial. Then after your divorce the trial, notabl...

A Guide to Compensation in Whiplash Claims

By: Nick Jervis | 31/05/2007 | Law
If a person is able to prove that someone has been negligent and caused them loss, injury or expense, they are entitled to compensation. However, who or how do you determine how much compensation that person should receive?

A Guide to Negligence Law

By: Nick Jervis | 31/05/2007 | Law
In English law the law of tort allows you to claim compensation for whiplash if you are involved in a car or motorcycle accident. But what does this law say, and how did it come into existence?

What is Medical Negligence?

By: Nick Jervis | 31/05/2007 | Law
Medical negligence is a specialist area of law through which patients can obtain compensation for injury and loss suffered as a result of a medical accident. To be successful the patient must prove that the standard of medical/dental or therapeutic care they received was unacceptable by the accepted standards of the profession. Medical negligence is much more than a doctor making a mistake.

Submit Your Articles Free: Signup
Article Categories




Use of this web site constitutes acceptance of the Terms Of Use and Privacy Policy | User published content is licensed under a Creative Commons License.
Copyright © 2005-2008 Free Articles by ArticlesBase.com, All rights reserved. (0.21, 5, w1)