Can you give me an estimate of whiplash injury compensation amounts? I am not sure if it will be worth my while to make a claim for personal injury compensation.
Whiplash injury compensation amounts are highly variable and are impossible to calculate without specific medical information on the extent of the damage caused to the tissues in your neck, shoulders and upper back. Typically claims for whiplash injuries see general damage awarded of up to €14,400 for minor injuries to the neck and shoulders when symptoms last for less than a year. Permanent damage can see compensation amounts for whiplash injuries increasing to €78,400 according to the Book of Quantum; the reference used by the Injuries Board as a guide to whiplash injury compensation amounts.
We cannot tell you where your injury falls within this range, but it is highly probable that if you suffered whiplash in an accident that was not your fault, it will worth your while to make a personal injury claim for whiplash. After all, you should not be made to suffer financially for an injury sustained in an accident which was not your fault, and the insurance company of the negligent third party responsible for your accident should give you recompense for the pain and suffering caused by your injury.
In order to confirm your eligibility to make a compensation claim and to find out how much your personal injury claim for whiplash is likely to be worth you should speak with a personal injury solicitor. A solicitor will obtain your medical records and may need to arrange for you to be further examined by a doctor with experience of dealing with neck sprains and strains from over extension and compression.
When the full extent of your injuries has been diagnosed and a prognosis for recovery obtained from a doctor, your chosen solicitor will be able to calculate the appropriate compensation amounts for whiplash injuries that should be awarded. If liability for the accident is accepted by the insurance company of the negligent third party, you will need to make your claim through the Injuries Board. If the negligent third party – or his or her insurance company – does not consent to an Injuries Board assessment, your solicitor will make the necessary arrangements to litigate your claim through the courts.
Although your maximum entitlement to compensation can be calculated prior to making a claim, it does not mean that you will receive this figure. A judge may need to decide how much compensation for whiplash is appropriate and may order a lower compensation amount to be paid. It may not be possible to negotiate payment of the maximum entitlement to whiplash injury compensation directly with an insurance company and the Injuries Board assessment may differ from the compensation amounts calculated by a solicitor.
However it is important that your claim is valued before you take the decision to proceed with legal action, and it will serve as a starting point for negotiations with the insurance company. You should therefore seek legal advice promptly to find out how much compensation for whiplash is applicable, and you can then decide – with the assistance of a solicitor – whether to proceed with an injury claim.