subject: Calculating Compensation Claim For Your Whiplash Injuries [print this page] Whiplash occurs when the body is subjected to sudden jerking movements. This can cause minor sprain to severe injuries to the neck, head and the spinal cord. Such an injury usually occurs during automobile accidents.
Whiplash is very rarely fatal and can take some time to heal. Anyhow, a whiplash is classified as injury and hence is claimable. But how much is the injury worth? To calculate your whiplash claim , you need a medical examiner to evaluate your injuries.
Causes of whiplash
Most common cause is when the victim is seated in a vehicle and another moving vehicle strikes this vehicle, causing the seated victim to jolt out of position. The persons head and neck jerk forward or backward, causing hyperextension of the vertebrae. This leads to an abnormal S shape in the spine after the impact.
How to identify whiplash?
After an impact the victim should be examined for the following:
Stiffness of neck and pain
Constant headache even after the shock has been relieved
After this preliminary check medical attention should be provided. X-rays can reveal any inner damages and their severity. If the reports of these are normal and yet there seem to be other signs of internal injuries, an MRI scan should be prescribed to the victim to rule out any other possibility.
Calculating the worth of whiplash injuries
Whiplash compensations are categorized as general and special damages. To qualify as a general damage the whiplash injury should have caused you physical pain and suffering. Loss of enjoyment and emotional sufferings too can be claimed as part of general damages. The court will decide the worth of the injury based on verdicts of previous cases. A pivotal part will be played by your emotional state, which can tip a bit more into your lap as compensation.
Special damages are something that have caused any permanent damage, such as loss of functioning of a body part, loss of hearing, etc. it also includes the repairing charges for the damages to your vehicle and the amount you had to spend for an extra help to take care of you.
Special damages are paid for severe injuries and to obtain the right amount, keep the bills safe.
Based on previous cases, whiplash to neck that takes 4 weeks to heal is awarded a maximum of 1000. If the same injury takes a year to heal, the compensation maybe raised to 3000. If the damages are permanent, 12,000 has been awarded as compensation in certain cases.
Calculate the damages to estimate the compensation
by: Jessica Thomson
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