Compensation for whiplash is calculated based on the extent of the whiplash, and how that whiplash has and will affect the victim’s life. The more severe the whiplash and the bigger the affect it will have on the victim’s life the more compensation you can realistically expect.
Whiplash Grades
Whiplash is graded on a scale of 0-4. When determining a pay-out, it is important that the victim’s grade of whiplash is determined through a medical examination: To prove that you have suffered injuries, you will have to attend a medical examination as set up by your solicitor. The examiner will create a file which will be used to form the basis of your claim.
Here’s what you need to know about whiplash grades:
Grade 0 whiplash – No complaints or physical signs.
Because there is no reported injury, no compensation can be awarded.
Grade 1 whiplash – Neck pain and discomfort, but no physical signs of injury.
Average claim amount: £850-£1,500.
Grade 2 whiplash – Neck pain and discomfort with musculoskeletal signs of injury.
Average claim amount: £1,500-£3,000.
Grade 3 whiplash – Severe neck pain and discomfort with neurological signs of injury.
Average claim amount: £3,000-£9,000.
Grade 4 whiplash – Intense neck pain and discomfort with fracture and/ or dislocation.
Average claim amount: £15,000-£30,000.
It is important to remember that the injury itself does not completely reflect the amount of compensation you may be awarded. Your age, gender and occupation also play a role. For example, if you are a rugby player, then grade 4 whiplash is going to put a halt to your career for the foreseeable future. Or, if you are young and your prognosis for the future is not good, you can expect more compensation than an older personal with the same injuries.
Settlement demand
The ‘settlement demand’ is the amount you put forward with the other side to settle your claim. This will be made up of general damages – which is the compensation awarded for your injuries – and special damages, which is the compensation awarded for financial losses related to your injuries and accident. You can claim back any lost income related to your accident and any relevant out of pocket expenses. Your general damages and special damages will be added together to form a single settlement demand for the other side. The average whiplash settlement will result in £850-£1,500 if minor whiplash is reported.
Your lawyer will likely consult you regarding the settlement demand, to see whether or not you are happy with the amount they will put forward. It is important to listen to your lawyer at this stage, so that they can advise you on a fair and proportionate settlement figure.