In the legal industry, the compensation amount that is put forward to the other side with a view to settling a claim is known as the ‘settlement demand’. The settlement demand for all claim types must be fair and proportionate to two things:
- The extent of the victim’s injuries, and;
- How those injuries have and will affect the victim’s life.
It goes without saying, that the worse the victim’s injuries are, and the bigger the impact those injuries will have on the victim, then the more financial compensation can be demanded from the other side. But how is such an amount determined by the solicitor?
To make a claim for whiplash, medical evidence must be provided which proves the extent of the victim’s injuries. The victim’s solicitor will satisfy such requirements in two ways: They will access any relevant historic medical records, and they will set up a medical examination for the victim, so that a current and up to date report can be generated. This medical examination usually takes place 2-3 weeks into the claims process, and it is compulsory; you cannot make a claim without attending a medical examination.
In addition to the compensation you can claim for your injury, which is called ‘general damages’, you can also claim compensation for your financial losses related to your injury, which is called ‘special damages’. Special damages can recover any loss of earnings including overtime, lost income support, as well as any related out of pocket expenses. For example, if you have had to pay for taxi fares to and from hospital, then you can claim these back, providing you have receipts for them. A solicitor will merge these two compensation types together, to create a single lump sum / a final settlement demand.
Whiplash Average Pay-outs
Whiplash injuries are split into grades between 1-4, which 1 being minor and 4 being severe. 2 is moderate while 3 is severely moderate. The average pay-outs for these are as follows:
- Grade 1 whiplash: £1,000 to £3,500;
- Grade 2 whiplash: £3,500 to £9,000;
- Grade 3 whiplash: £9,500 to £20,500;
- Grade 4 whiplash: £21,000 to £40,000.
The payout average for whiplash list above should be taken with a pinch of salt however, because you may be owed more than the figures listed.
Many whiplash claims can be processed in as little as 8-12 weeks, if they are ‘clear-cut’, meaning only if the evidence available is overwhelmingly in favour of the claimant. However, some claims do take a few months to process from start to finish. It is also important to remain realistic about completion time frames throughout the claims process.