Friday, December 21, 2012

Whiplash Compensation Queries

The Difference in Amounts

Claimants should not feel that the justice system has treated them unfairly even if their whiplash claims, for example, are starkly different in amount from those of others. They should not feel indignant in case their compensation amounts to only a few thousand pounds while those of other people can reach up to five times that amount.

Why so? The reason is because compensation amounts are computed according to the factors peculiar to each case. The final amount is affected by how much specifically the injury of the claimant has made him suffer, both physically and emotionally; has made him lose enjoyment of his work; has made him less keen on companionship with others; has made him lose money whether on unearned earnings or due to forfeiture of already paid for holiday plans; has made him pay out on hospital bills; and has made him less excited about working.

The more these factors affect the claimant, then the more compensation he will receive. Thus, you should not worry if other people receive higher compensation than you if you can see for yourself that their injuries are worse than yours, required a longer period of recovery, and has altered their lifestyles irrevocably

Approaching the Compensation Calculator

The last thing you should do when deciding to file compensation claims, such as whiplash compensation, is to conjure a claim amount from nowhere and expect the courts to take you seriously.

If you are a first-time prospective claimant, you should know that claim amounts, while not strictly set in stone, is still guided accordingly on a tried-and-tested basis. This basis is what has come to be known as the compensation calculator. The compensation calculator, or the Judicial Studies Board Guidelines, enumerates the different kinds of injuries that claimants can demand compensation for, as well as the different ranges of amounts that has come to be associated with each. For example, this document states that mild whiplash claims can reach anywhere from £1,000 – £4,575, moderate whiplash £4,575 – £14,500, while severe whiplash £14,500 – £86,500. Thus, while claim amounts cater to the specific facts that surround a claim, it is never wholly subjective.

Why do the courts use such a standard? The reason is because it is a principle in law that justice can only be served if like cases are judged alike and unlike cases judged in an unlike manner. Thus, uniformity is a vital virtue when deciding cases, just as lack of it constitutes an injustice. 

1 comment:

  1. claiming for whiplash injury compensation is very easy but in order for you to win, you'll have to provide a strong evidence to prove it..

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