Lump Sum Annuity

The procedure for claiming Whiplash Injury Compensation essentially requires the help of a lawyer, who is specialized in making claim for compensation in respect of injuries, caused due to accidents. It is an injury caused due to sudden change of motion or movement of the neck, like giving a lash from a whip, hence called “the whiplash”.

What is Whiplash Injury?

When there is a sudden or forced jerk, there is an injury to the neck, resulting in dislocation of discs or tandems in the neck. Experts say that the normal cause of Whiplash injury is due to accidents while traveling in an automobile. When the automobile collision occurs from the rear, or an injury is caused while playing (sports injury), then it could result in injury to the neck which is called as Whiplash injury. Whiplash injuries cause lot of discomfort for the accident victim. The discomforts include stiffness or pain in the neck, dizziness, ringing sound in ear, blurred vision, irritability etc. Treatment includes exercises, wearing cervical collar, therapy etc. There are also some prescribed medicines.

Assessment of compensation:

From the above, we can be understand, that whiplash injuries are serious in nature. It may incapacitate the person and therefore it would affect his earning capacity. The victim may suffer from continuous headache. In some cases, it may affect the movement of his arms. There are cases where the victim becomes dependant even for day- to- day work. In such cases, the victim will be entitled to higher Whiplash Injury Compensation.

Role of legal advice:

Peculiarity of Whiplash Injury is that recovery is most unpredictable. The recovery may be slow and painful. Sometimes it may even involve surgery. Hence, the victim will be entitled to higher compensation and therefore the quantum of Whiplash compensation will be more. As said earlier, the procedure for claiming whiplash injury compensation is quite lengthy. The lawyer will ensure that the insurance company will not undercut the compensation using any discreet method. In such accidents, normally the victim will get compensation, but it may be far less than what he is entitled for, considering the nature of the injury and the pain suffered by him. The need for a lawyer comes into picture here, so that without denial the victim gets the compensation that he is entitled.

Build up a proper case:

Building up proper case is the core in all the Whiplash injury compensation cases. It is only the lawyer, who can give a proper advice. Statement of the victim is very essential, as also recording the statements of the witnesses. The names and addresses of the witnesses will have to be collected. Photograph of the accident spot and record of other details, like the details of the vehicle involved in the accident, time when the accident took place, etc is essential. The weather condition when the accident took place too can go in the records.

The victim should contact the police at the earliest and get his recordings on the accident. This will help to pin the person responsible for causing the accident. Another very important record is that of the hospital where the victim is undergoing treatment. The doctor’s opinion should include the nature of the injury, the impact on the general health of the victim. If the victim is incapacitated, then the doctor should mention the degree of the incapacity. This is because that will be one of the guiding factors in deciding the quantum of whiplash Injury Compensation.

Apart from this, the lawyer may also give some more suggestions depending on the individual case. All these will make the claim for Whiplash injury compensation more stable and this will entitle the person to higher compensation. In the normal course, divide the compensation for Whiplash injury into two viz., general compensation and special compensation or damages. If the injury to the neck is not serious and does not incapacitate the victim permanently, then he gets a general compensation. However, if the injury is serious, requiring hospitalization and/or surgery and make the victim incapacitated for longer duration, then the victim will be entitled to special damages like Lump Sum Annuities. Proper presentation of the case will entitle the victim to higher compensation. As said earlier, it is the lawyer, who can guide the victim in this regard.

Know your lawyer:

Before entrusting the case to a lawyer, it is essential that the victim must know his lawyer and his experience in dealing with Whiplash Injury compensation cases. If possible, the victim must ascertain the success rate of the lawyer in such cases. Discuss his professional fee in clear terms.