Whiplash Injury Claims Needs Evidence And Criteria To Award Compensation
Whiplash injury claims can be filed with the patient's health Insurance company as a claim for personal injury. In case the Insurance Company does not compensate fully the patient can approach a solicitor to claim damages through court. Normally there are general damages and special damages in every case of accident. The general damages include compensation for the direct damage and sometimes also for mental pain, time lost, enjoyment of life loss and other psychological problems. Special claims are for special damages incurred during the accident. They include loss of profits/earnings, car hire charges, nursing charges, medical expenses.
Who can claim is one big question. The driver of the vehicle who is under no fault of the crash, passenger of any car, bus, van which is involved in a crash and injuries sustained in any other way like falling from bikes, horses or any other accidents can make a personal injury claim. Most Insurance companies finance the cost of treatment to their clients in case of whiplash injury. This works out cheaper to the insurance companies rather than settling in court.
And usually they impose conditions on the clients such as payment in instalments rather than lump sum, and no further compensation claims can be claimed by the client. This is called the "settlement agreement". Over 70% of the road accident claims account to whiplash injuries in the UK. The insurance must be claimed within 3 years of the date of accident otherwise the insurer is not liable to entertain your claim. The claims through the court are more beneficial to the client since most insurance companies' compensation is very little hardly covering the damage for your car. To claim though you have to find a good solicitor.
A good solicitor or lawyers tells you how much compensation is entitled to you and also the legal rights you have against the insurance company. There are many firms which offer "No win No fee" claims. In this case it should be proved that the third party was at fault partially or fully. The doctor's report can be used as proof in the whiplash compensation claim drafted by the solicitor. The compensation awarded by the court will be based on the following " Severity of the injury " Symptoms - long term or short term " Permanent damage if any " Loss of earnings/financial losses " Extra expenses/special expenses " Medical expenses/doctors fee/specialists fee " Surgery expenses What are the evidences needed to claim whiplash compensation " Photographs of the incident " Insurance papers " Doctors report " Third party details- name and address, vehicle number " Witness reports " Police reports The copy of the evidence should be filed with court through your lawyers.
It is safer if the original document is retained by you. Though many claimant companies, who do all the hard work for you, can be found through the internet you should find a company which is honest, competent and worthy of your trust so that you have a free mind and be rest assured that your whiplash injury claims will be awarded.
Whiplash injury claims made with a lawyer and complete documents and evidence to back your case will guarantee you a compensation.
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