It seems that one of the first questions clients ask us here at The Injury Lawyers is – what is my claim worth? At the very early stages of a claim, this is a difficult question to answer; however, due to our skill and experience here at The Injury Lawyers, we are often able to give a ball park figure around which we think your claim may potentially be worth.
We like to explain the claiming process fully to our clients, so I have written an in depth blog explaining compensation.
Compensation can also be called ‘damages’ and there are two heads of damages for which you can claim – these being General Damages and Special Damages.
General Damages
General damages is compensation which you can claim for the injuries you sustained as a result of your accident. In essence, you are claiming for:
- Pain and suffering: What is important to look at here is the severity of the injury, and the length of time you have suffered. Psychological suffering is also considered in this category.
- Loss of amenity: Loss of amenity can cover a multitude of issues as it covers the effects your injury has had on many aspects of your life. An example of a loss of amenity would be the following:
‘Joe Bloggs‘, prior to his accident, went running twice per week, and enjoyed going out with friends every Saturday night. After his accident, ‘Joe‘ was unable to do either for 3 months due to his injuries. This is a loss of amenity as his hobby has suffered as well as his social life.
A solicitor would use a medical report to assess both of the above categories in order to value your general damages.
A solicitor may also use the medical report in conjunction with the Judicial Studies Board Guidelines which bands injuries for the purposes of valuation. The JSB Guidelines for neck injuries are as follows:
- Minor Whiplash Injuries – £875 to £5,150
- Moderate Whiplash Injuries – £5,150 to £16,400
- Severe Whiplash Injuries – up to £97,000
Special Damages
Special damages aim to reimburse you for the financial losses suffered as a result of your accident. These losses are quantifiable and are collated in a document known as a Schedule of Loss. I have listed some of the more common types of special damages below:
- Care and assistance
- Loss of earnings
- Treatment costs
- Other – Travel costs and prescription costs
If you have any further questions regarding your compensation for whiplash feel free to give us a call.
