Damages for whiplash injuries, explained
The word ‘damages’ for whip lash injuries is used by road accident solicitors to describe in lay terms ‘compensation.’ It will encompassed pain, suffering and loss of amenity. The latter can mean many things but simply put, loss of hobbies and quality of life (permanent or temporary).
Damages for whip lash injury compensation
The damages are personal and fact sensitive. They are very much dependent upon how individual reacts to the road traffic accident both physically and mentally. The law says that you ‘take the victim as you find him’ (or her).
Therefore if someone suffers a whip lash injury accident and wishes to claim compensation, if that person has a pre-accident depression or reacts ‘badly’ to the accident, provided that reaction is within principals of reasonable foreseeability, then despite the fact that in say, an identical accident, the driver recovers much earlier than the passenger from a physical or psychological point of view, this does not matter. The passenger in this simplistic example will recover more damages (compensation for the whip lash claim) than the driver.
As mentioned in the above example, the compensation for whip lash will be different in every case as it is dependant upon the particular facts of the case presented to the personal injury solicitors. The reason why the passenger would recover more than the driver in the above example is because the passenger took longer to recover from the whip lash injuries. The measure of compensation is dependant upon various factors but one of the main variables that solicitor use to value whip lash compensation payouts is how long the injured victim took to recover from the whip lash injuries and any other bodily injury (physical or psychological).
In severe whip lash injury claims, it may well be that the injury to the driver or passenger is such that a full recovery may never occur. If that is the case, the personal injury whip lash solicitor will consider this relevant factor when calculating the whip lash compensation (damages) amount. Naturally any permanent damage will be valued at a higher amount that a whip lash injury claim that is temporary.
Please consider our web site on whip lash injury compensation payouts as it will provide a valuable guide considering a claim. As whip lash injury solicitors we always work under a no win, no fee service and even if you win you may still be entitled to 100% compensation which is dependant upon the value of the claim and your personal circumstances. Please ask for details