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Whiplash Compensation is a form of reimbursement for all the expenses and inconveniences brought about by the injuries sustained from an accident. It compensates for the personal injuries caused by the negligence of others. Whiplash compensation entitles the claimant to claim for the losses and expenses incurred from the accident. The amount of compensation that will be granted to a claimant will depend on several factors.

The court takes into consideration important key points like the severity of the injury, the duration of the pain and the period of recovery. Compensation for whiplash is awarded depending on the extent of the injury. There’s a bracket for minor whiplash injuries with a recovery period within 1 year to 2 year period. Another range is for moderate whiplash injury which has a slow period of recovery. Compensation for severe whiplash will depend on the severity of the injury.

Whiplash compensation is divided into General Damages and Special Damages.

General Damages

General Damages compensates the claimant for the non-monetary side of the injury. It includes the pain, suffering, and loss of amenity; loss of employment opportunity; future loss of earnings, lost of pension, and future loss of medical expenses, care and aids.

Special Damages

Special Damages compensates the claimant for quantifiable monetary losses incurred as result of the accident. It is the reimbursement for the financial losses and expenses experienced by the claimant. Special damages includes loss of earnings, medical and care expenses, travelling expenses and other expenses.

Two kinds of loss of earnings can be granted to the injured person. It can be loss of actual earning or future loss of earning. Calculation of loss of earnings requires the claimant’s employment details. Future loss of earnings is quite complex because the court will assess the level of pay increase, benefits and other factors.

Medical and care expenses include expenses for prescription and non-prescription medicines, hospital expenses, treatment like physiotherapy, and cost of care provided by Social Services, private agency, family members or friends. It also includes cost of employing others to help the injured person in cleaning, gardening and decorating.

Travelling expenses covers the cost incurred due to the claimant’s inability to travel in a normal condition like regular visit to the doctor or hospital, appointment with a medical expert and other trips.

Other expenses include repair or replacement of cars, repair or replacement of damaged belongings like clothes and jewellery and other utility expenses needed.

People seeking compensation for whiplash injuries need expert legal advice to achieve the maximum compensation for their claim.

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