Whiplash Injury Claims References
Accident Injury Claim
Accident injury claim such as whiplash are primarily lodged by persons who have suffered accidents. A whiplash injury is inflicted by sudden whiplash movement of body. This happens in car accident or falls from heights, sudden impact etc. In case of car accidents, the body part, which suffers the most, is our neck. When we are sitting in the car, our body is constrained by seat belt but sudden impact causes whiplash and results in serious injuries to our neck region. Accident injury claim generally is covered under most insurance plans, but the injury may not include each situation. For example, your whiplash insurance accident injury claim can be proved null and void if your car is not in proper shape or being driven by a person who is not having driving license. Therefore, the important point is to take note of all the points and study the exclusions, in great detail. A little bit of study of insurance cover will greatly help the sufferer in lodging and getting claim from the insurance company.
Accident injury claim can generally be handled directly or indirectly. Direct approach involves lodging the claim directly with insurance company. In such a route, the sufferer will not be in position to ask for more once the claim is settled. Insurance companies prefer this route as they are benefited monetarily and whiplash claims are generally settled faster. Indirect approach involves taking help of solicitors. Solicitors are generally preferred in cases where it is expected that lesser compensation will be received from insurance companies. There are two ways in which claimant can go about lodging an insurance claim.
- General damages
- Special damages
General damages: Claimant approaching solicitors for general damages have problems in quantifying the extent of damages. The actual damages reflected in the whiplash claims form must include physical and emotional damages. Physical damages constitute damages suffered on account of injuries to body parts while emotional damages comprise of damages on account of metal trauma and agony. Courts generally go by what has been the precedence and settlement is awarded based on the compensation arrived in last such case.
Special damages: In such cases, the damages are more or less fixed. Claimant keeps track of all the expenses they have suffered. This may involve losses suffered on account of injuries leading to hospitalization, loss of missed business opportunities, loss of business, watch and ward charges etc. Special whiplash claims need proper documentation and records to prove the same in courts.
In either case, the settlement may take years if case has not been prepared properly. Suit has to be lodged within 3 years of accident. Beyond that, no accident injury claim are entertained. Whiplash claims generally runs in too many thousands. Not all are genuine. Care needs to be taken so that no bogus accident injury claim is presented for settlement. I am sure nobody would like to be in such a situation where the need to lodge a whiplash claims arise. The prime most objective should be to take proper care so that we remain hale and hearty.