Whiplash Injury Claim in Aberdeenshire
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Whiplash injury is the name given to stretching or tearing of muscles and ligaments in the neck. It can cause stiffness in the neck and pain in the back of the head. These symptoms typically develop over the first couple of days, and last from several days to a few weeks. Whiplash injury can aggravate existing conditions affecting joints and inflammation.
Is a whiplash injury serious?
A doctor should always be consulted immediately if the pain spreads or increases in severity, or you feel pins and needles or heaviness in the arms and shoulders.
What causes whiplash injury?
Whiplash is caused by sudden movement of the body in relation to the head, such as a harsh jerk causing the body to move forward and the head to be thrown back and then forwards. The most common cause of whiplash injury is car crashes, where rapid deceleration occurs.
Can I claim compensation for whiplash?
If you suffer injury as a result of an accident which is not your fault, you may be able to claim. Whiplash injuries range in severity from minor discomfort for a few days to permanent pain and restricted movement.
How much compensation can I get for a whiplash injury?
Sums awarded typically range from £500 to £13,000. Amounts are determined by legal decision on a case by case basis. In England and Wales, Judges have issued broad guideline figures for different types and degree of injury, laid down in the Judicial Studies Board Guidelines. These are the figures used here.
Injury Compensation in Aberdeenshire
What does injury compensation cover?
Compensation for injury is awarded under two aspects. The most immediately obvious effects of your injury are covered by “General Damages”. This part of your injury compensation covers “pain and suffering” and “loss of amenity”
Pain refers to the physical pain resulting from your injury.
Suffering concerns the mental and emotional aspects, so part of your injury compensation will be based on whether you suffer anxiety, post traumatic stress disorder, embarrassment and so on.
Loss of amenity covers activities and abilities you will no longer be able to enjoy as much as before the injury. For example, a passionate hiker who can no longer walk, or an amateur musician who loses their hearing.
The “Special Damages” part of your injury compensation involves financial loss or additional costs. Under this heading will come compensation for loss of earnings if you are unable to work, costs of nursing care and changes to accommodation or equipment (e.g. cars) to allow you to live as normal a life as possible.
What is the basis for injury compensation?
If your compensation claim is to succeed, you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be able to win compensation.
Will a pre-existing condition reduce my injury compensation?
On the contrary, compensation awarded for your claim can include an element for aggravating an existing condition. It is most important that you give a full medical history when discussing your claim for this reason.