Types of Whiplash Compensation Claims
59Whiplash Injury Claims and Compensation
There are mainly two types of whiplash compensations. They depend on the type of damages you suffer. The damages are:
- General damages
- Special damages
In the general damage, the victim is entitled to the compensation for the sufferings and pain which he bears after the accident. This is also known as the loss of amenity. Although it is very difficult to assess the pain and suffering tolerated by the sufferer but this assessment is generally based on the previous claims made by identical mishap victims. The judge gives a proportional verdict by considering the probable quantum of loss of amenity.
General damages type of whiplash compensation is affected by many other factors like victim’s age, profession, whether the person can carry on with their present job, liabilities on the sufferer, their activities and most of all the harshness of the injury. A claim can also be made if a person’s job was genial and now the patient cannot carry it on due to injury. This is known as compensation for loss of congenial employment. In many cases if the victim’s job is now insecure due to less efficiency resulting from the accident, then he can get a compensation for “handicap in the open labour market”.
In Special damages victim is awarded a compensation for loss of wages or job and expenses. This loss of wages is calculated by considering the previous pay received by the patient, 13 weeks prior to the injury.
Special Damages type of whiplash compensation is awarded when the victim faces loss of pay or job. Besides this the victim bears innumerable expenses and losses resulting due to the injury and these include travel expenses, loss of clothing, vehicle etc. Such expenses can also be covered in compensation claim. Crucial injuries that force the injured person to give up his or her job can be awarded for their future loss of income. This includes the earnings which you would have otherwise earned. In many instances, the victim is unable to perform even daily chores without help. He needs help from his near and dear ones or he has to hire help. A claim in such case can be demanded for those who perform such chores.
Besides these types of whiplash compensations there are other few categories of claims.
- Passenger compensation claims: In which you are traveling by some public transport and you are injured. You have a strong position in this claim.
- Bicycle accidents compensation claims: In these if you are a pedal cyclist and are not responsible for the accident then this compensation can be obtained.
- Motorcycle accident compensation claims: Riding a bike can also sometimes drive you into whiplash injury and if you are not at fault then a claim can be made.
- Hit and run accidents compensation claims: There are special MIB claims provided from non-profitable organization for such people. Though you can also get insurance claims. Reporting the police is although essential.
All of these compensations can nowadays be achieved on No win- No fee basis.
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