In a claim for personal injury you are entitled to recover compensation for the pain and suffering caused, and for any losses and expenses incurred. The pain, suffering, and loss of amenity is often referred to as General Damages and the losses and expenses is often referred to as Special Damages.
Whilst Special Damages are never guaranteed and whilst they can be somewhat of a grey area, there is a general principle that you are entitled to recover compensation for any financial losses and expenses that are caused as a result of an accident. As such you can claim lost wages for whiplash injuries.
How do I qualify to claim wages for a whiplash injury?
If the time off work is caused directly as a result of the accident and injuries then you may be able to claim them back. The loss in wages has to be justified by the medical expert who will generally assess you for the purposes of proving and valuing the case. So if the time off work is justified then you should have no issue in claiming your lost wages back.
How much of my wages can I claim back?
You are entitled to claim back what you have lost. So if you have lost £500 in earnings from being off work then you can claim that back.
You can also claim loss of overtime and bonus as well.
Proving your wages loss
All you need to do is show us your wage slips or we can write to your employer. We can then use the documented evidence of your earnings to show how much you have lost as a result of the accident. It’s fairly simple to do once we have access to this vital information.
What if I’m self employed?
We can use your tax returns or profit/loss accounts that you have either filed with the HMRC or from your accountant.
If you don’t have this information then it may be very hard to prove your loss. You are normally obliged by law to file tax returns so you should have them.
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IMPORTANT: advice on this page is intended to be up-to-date for the 'first published date'.