Claiming For Whiplash: Will I Be Able To Keep 100f My Compensation?
One of the most common concerns amongst people who are contemplating making a claim for whiplash injury compensation is whether they will be entitled to keep 100% of any compensation awarded to them. Many people fear that they will end up 'out of pocket' as a result of making a claim for whiplash injury compensation as opposed to actually receiving compensation for the injuries and losses they have sustained. This article looks at how compensation for whiplash injuries is calculated, what items you will be able to include as part of your claim and whether you will, indeed, be able to keep 100% of any compensation awarded to you.
Whiplash compensation claims are split into two parts - general damages and special damages. Your general damages claim is your claim for the actual pain and suffering you have incurred as a result of the accident. When you instruct a solicitor to act for you your solicitor will arrange for you to attend upon an independent medical expert who will examine you and prepare a report detailing your injuries. Your solicitor will use this report to place a value on your claim by comparing your injuries and expected recovery time (your prognosis) with Claimants in previously settled cases who have sustained similar injuries to your own and have taken a similar amount of time to recover.
Your claim for special damages is your claim for any out of pocket expenses you have incurred as a result of the accident. This could include, for example, lost earnings, lost overtime, travelling expenses to medical appointments, prescriptions charges for painkillers and the cost of any treatment needed to aid your recovery. Your special damages claim should be easily quantifiable as you will have documentary evidence to support each item of loss for which you are claiming, i.e. payslips, receipts and invoices. When the time is right to negotiate settlement of your claim your solicitor will send a Schedule of Special Damages (containing details of all of your out of pocket expenses), together with a copy of the medical report, to the third party's solicitor and invite their settlement proposals.
So will you be able to keep 100% of your compensation? If your solicitor is acting for you under a 'no win no fee agreement', which is highly likely to be the case, then yes you will. Your solicitor is entitled to claim his costs if your case is successful however these costs will be paid by the third party's insurers in addition to any compensation awarded to you. At the outset of your claim your solicitor will go through your funding options with you and will explain to you in detail how your legal fees will be paid without effecting your compensation.
Do not put off making a claim for whiplash injury compensation because of a fear of having to pay your legal costs out of any compensation awarded to you. If you have been injured in an accident that was not your fault you deserve to be compensated for the injuries and losses you have sustained.
Copyright (c) 2012 Robert Gray
Whiplash compensation claims are split into two parts - general damages and special damages. Your general damages claim is your claim for the actual pain and suffering you have incurred as a result of the accident. When you instruct a solicitor to act for you your solicitor will arrange for you to attend upon an independent medical expert who will examine you and prepare a report detailing your injuries. Your solicitor will use this report to place a value on your claim by comparing your injuries and expected recovery time (your prognosis) with Claimants in previously settled cases who have sustained similar injuries to your own and have taken a similar amount of time to recover.
Your claim for special damages is your claim for any out of pocket expenses you have incurred as a result of the accident. This could include, for example, lost earnings, lost overtime, travelling expenses to medical appointments, prescriptions charges for painkillers and the cost of any treatment needed to aid your recovery. Your special damages claim should be easily quantifiable as you will have documentary evidence to support each item of loss for which you are claiming, i.e. payslips, receipts and invoices. When the time is right to negotiate settlement of your claim your solicitor will send a Schedule of Special Damages (containing details of all of your out of pocket expenses), together with a copy of the medical report, to the third party's solicitor and invite their settlement proposals.
So will you be able to keep 100% of your compensation? If your solicitor is acting for you under a 'no win no fee agreement', which is highly likely to be the case, then yes you will. Your solicitor is entitled to claim his costs if your case is successful however these costs will be paid by the third party's insurers in addition to any compensation awarded to you. At the outset of your claim your solicitor will go through your funding options with you and will explain to you in detail how your legal fees will be paid without effecting your compensation.
Do not put off making a claim for whiplash injury compensation because of a fear of having to pay your legal costs out of any compensation awarded to you. If you have been injured in an accident that was not your fault you deserve to be compensated for the injuries and losses you have sustained.
Copyright (c) 2012 Robert Gray
