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Factors Affecting Injury Compensation Amount

  • By Daniel Smith
  • Published 04/24/2012

Most often, the drivers and passengers involved in a car crash experience whiplash injuries. The reason is simple; while the safety belt prevents your body from lunging forward, there is no such protection available for your head and neck. At the time of collision, your head and neck moves forward in a sudden movement causing injury to the muscles and tissues.

If you were at fault for the accident, your insurance may pay for the medical costs you incur for the head and neck injury you sustain. However, in case the accident happened due to the negligence of another driver, you need to file a claim for compensation from the negligent individual.

The first question a solicitor faces in such cases is – how much should you claim for the injuries? The answer is – it depends on a number of factors. Only a solicitor would be able to assess these factors and determine the amount of compensation. Before you get a consultation from a solicitor, here is a look at the factors that are considered.

The type and degree of injuries: Whiplash injuries may have minor or major consequences, depending on the type and degree of the injury you sustain. Sometimes, you may experience headaches and nausea while at times you may have serious problems like memory related problems.

The compensation amount needs to be calculated on the short and long term effects of the injuries you have to live with.

The negligence of the parties involved in the car crash: If you were following all traffic rules and another driver hits you, he/she is at fault for the car crash injuriesyou sustain. However, if you were not wearing your seat belt or were talking on your mobile phone while driving, this may have an adverse effect on the claim.

The compensation amount would be calculated on the basis of the negligence of all parties, including the victim, involved in the crash.

The damages you sustained: The damages for which compensation is awarded are general damages, e.g., pain and suffering, and special damages, e.g., loss of wages. The objective is to compensate the victim for the financial and non-financial losses they suffer because of the accident.

The compensation amount needs to be calculated keeping in mind the way the accident has affected your personal and professional life.

The road and weather conditions: Filing of the claim is necessary when a reckless driver causes the accident and the injuries. However, at times, poor weather and road conditions may also make a bad accident worse. In such a situation, the Court may consider these factors when awarding compensation.

The compensation amount is calculated as per the degree of negligence of the drivers involved in the crash.

Your solicitor analyses the facts of the accident to understand the factors that affect the damages and the calculation of compensation for whiplash injuries. He/she also gets testimonials from medical practitioners and vocational experts to assess the impact of the injuries you sustain in the road traffic accident.

Author Bio

Daniel Smith is a legal advisor. He provides tips and suggestions for individuals who have sustained a car crash injury due to the negligence of another individual. If you were a victim of such an accident and suffered a neck or head injury, he suggests you visit http://www.accidentclaimsdirect.ie/for more details of the legal process.



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