Whiplash injury is usually sustained to a person in a car when another vehicle collides at the back of his car. However whiplash injury also can be sustained in a work place accident or in sports accident. Claiming compensation for whiplash injury is civil right for the public. If a person injured in an accident experiences symptoms like severe neck pain, headache, shoulder pain, numbness, blurred vision and restriction in neck movement should pursue claim of compensation for whiplash injury. For a successful and maximum benefit, reason for accident should be the fault of the other party. If this condition is satisfied, then 100% benefit may be recovered from opponent party or insurance company.
Normally whiplash injury takes three to six months for recovery. A severe whiplash injury may keep a person out of work for a considerable period. Claim of compensation for whiplash injury may be pursued for any type of whiplash injury. Compensation can also be claimed for loss of earnings, medical care expenses and other out of pocket expenses. According to the severity of the accident, compensation will be awarded. Compensation award for whiplash injury is divided into two parts as award for general damage and award for special damage. Award for pain and suffering and loss of amenity are compensated as general damage. It is difficult to determine the award of compensation for general damages as they are paid for the physical pain and suffering which are consequence of accident directly. Emotional pain and loss of enjoyment of life also may be claimed as part of general damage in any compensation for whiplash injury. General damage is awarded based on previous similar case by the court. However details of medical report showing the extent of whiplash injury, actual injuries sustained and possible hurt to the emotional state are also factors that will decide the final award. Loss of earnings including future loss of earning, repair charges for the damage of car and medical care can be recovered as special damages for whiplash injury. Special damage of whiplash can be fixed because bills can be obtained and it will be the responsibility of the victim to preserve receipts.
In case the victim is not interested in making the claim of compensation for whiplash injury through the court, alternately victim should have an agreement of settlement with the insurance company. Generally insurance claim settlement contain provision for payment in installments and once insurance company pays the amount there cannot be further reopen of the whiplash claim. It is important for the claimant to go through the terms of final settlement agreement before entering the agreement with insurance company.
