Who decides what the average claim for whiplash injuries is?
The amount that is paid out on an average claim for whiplash injuries is decided by precedent, established and tested through the outcome of many court cases. A precedent is set when two, or more, parties go to court and are in essential disagreement over how their dispute should be resolved. Both sides get the opportunity to present their side of the story. The judge presiding over the case then looks at both sides of the argument and decides which they think has the most merit in law, based on previous case history. The judge’s decision is then said to set a precedent for future cases.
In setting the average claim for whiplash injuries, the judge may look at previous cases that have similarities to the case that is before them. He will then make a decision based on, or at least informed by, this information. Whiplash cases are notoriously difficult to decide as the clinical expression of this injury is an intensely individual matter. Whiplash does affect every person in a very different way; people injured in the same car in the same accident might have a different whiplash injury.
It takes expertise to discern the nature of a whiplash injury from both a medical angle and also in subsequent legal compensation claims that may follow. Law firms like Accident Advice Helpline have helped thousands of victims claim compensation for whiplash injuries. Accident Advice Helpline has an extensive legal team, all experts in accident compensation and with some specialising in whiplash compensation. These whiplash lawyers can usually gauge where the current average claim for whiplash injuries is and can sometimes negotiate settlement claims without going to court. This can speed things up tremendously and gives a win-win situation for everyone concerned.
This is not the case for all whiplash claims due to the complexity of the injury. More complex injuries can take much longer. These cases do not fit into average claims for whiplash injuries scenarios. Sometimes complex whiplash injuries can take up to two years to assess. They usually will attract much higher compensation amounts. These claims can be awarded as much as £10,000. This is not the norm. Minor whiplash compensation claims will attract maybe a few hundred pounds of compensation.
The most important thing when a person is involved in a car accident is that they must seek medical advice immediately. The quicker the symptoms can be recorded, the better the chance a person has of claiming compensation. One of the first things expert lawyers will want to establish, is how quickly the medical attention was sought. Once this is established a likely average claim for whiplash injuries can be worked out, probably not as an exact figure but as a ball park figure. This could be anything from a few hundred pounds to several thousands of pounds.
A Freephone telephone call can start the process of a successful accident compensation claim. It takes just 30 seconds to find out where you stand and whether you want to take your claim to the next level. Call us on 0800 689 0500 or 0333 500 0993 from a mobile phone for free, no obligation advice about making a claim.
Date Published: 14th January 2013
Author: Rebecca Smith
Category: Whiplash claims