Whiplash Compensation

Crazy_Jamie

TheRedAdmiral wrote: »

The present JSB Guidelines suggest that a 12 month Whiplash injury to be worth in the region of £2500.

I would be advising my clients that I would anticipate offers in the region of £2100 and hope to settle an 11 month injury in the region of £2300.

I think for the sake of your clients you should update your version of the JSB Guidelines. The 10th edition (which was published in September 2010; over five months ago) has the top of the bracket for whiplash injuries between a few weeks and a year at £2,850. In fact, even for the 9th edition the top of that bracket was £2,750. The top bracket of £2,550, which is the closest one to the figure that you have stated, was in the 8th edition published in 2006. On that basis I do hope that you've made a simple error with your figure in your post. Because, given your intimation that you work in this area and have clients who rely on your ability to value injuries, the notion that you may have been recently using guidelines that are getting on to five years old is a somewhat unsettling one.

no-oneknowsme wrote:

My Husband has been in two non fault accidensts as suffered whiplash .

His injuries lasted for just short of a year .

His two compensation payouts were £3,300 and then £3,700.

From reading others experiences on here I am beginning to think that these payouts were on the higher end of the scale. We had a Solicitor on both cases (as we had legal cover on his policy)

You have mentioned this before, and it is interesting that 12 month whiplash injuries have attracted such high awards. Are those figures solely in relation to damages for the injuries, as opposed to loss of earnings and such? If so, did your husband have another other injuries besides the whiplash? It is not uncommon for people to suffer lumbar spine injuries in addition to whiplash, and this can attract a separate award, albeit less than would be awarded if the back injury had been suffered in isolation. Something like that would explain the higher award.

no-oneknowsme

Crazy_Jamie wrote: »

You have mentioned this before, and it is interesting that 12 month whiplash injuries have attracted such high awards. Are those figures solely in relation to damages for the injuries, as opposed to loss of earnings and such? If so, did your husband have another other injuries besides the whiplash? It is not uncommon for people to suffer lumbar spine injuries in addition to whiplash, and this can attract a separate award, albeit less than would be awarded if the back injury had been suffered in isolation. Something like that would explain the higher award.

Hi Jamie - yes , the awards received by my Husband were both in relation to injuries only , the figures did not include any loss of earnings etc as he was unable to take anytime off from his job (he struggled on with the assistance of strong painkillers) as his job was under threat owing to him being on a final written warning .

On the second acccident he had left his employment and was just starting out self employed and so he was unable to stay at home with his injuries so again , no loss of earnings.

I do agree with you when you say that his awards were on the higher end of the scale and I am beginning to think that he was very fortuante with both his compensation amounts.

On both occasions the third party in the accident was insured with the same company as my Husband and on both occasions he was offered (If I remember correctly) £1,500 as full and final settlement for his claim . It was at this stage that we made use of the policies legal cover and involved a solicitor.

Have to add though that when the next renewal quote came through the premium had doubled , :rotfl:think this was the insurance company saying "bog off mate , we dont wana insure you anymore...you cost us too much dosh !

Crazy_Jamie

no-oneknowsme wrote: »

I do agree with you when you say that his awards were on the higher end of the scale and I am beginning to think that he was very fortuante with both his compensation amounts.

It is possible that fortunate has played its hand here, though on the whole it is unlikely. It is more likely that your husband hasn't appreciated that he has technically received a two site injury, which will therefore attract two awards. It really doesn't matter either way at this stage though; whichever way it is spun it sounds like your husband has been more than adequately compensated in the eyes of the law, which is the main thing.

Gandalfthesecond

I got £5000 for whiplash in 2004.

daffodil17

I was in an accident on 15 January this year. A young girl pulled out of nowhere in front of me and I swerved to avoid her but failed and then went into the back of a parked car. When I wake up in the morning and move for the first time I get "clicks" at the back of my neck and various small clicks and cracks through my upper back throughout the day. My car was considered a write-off as the front was all smashed in and it was 15 years old. The car ran perfectly well and I was not looking to replace it any time soon. Nearly £4,800 later, I have something newer but my bank balance is seriously affected which is not funny when my husband is out of work.

The solicitors have encouraged me to pursue a personal injury claim and have arranged and approved for seven sessions with a physio which have proven to be very painful and she diagnosed mild whiplash.

Today I have received an offer from £1,000 from the third party who only yesterday admitted liability for the accident. My dilemma is whether to accept that offer or decline it on the basis that the "clicking neck" is still there and there is a stiffness at the top of my back/bottom of neck. I personally didn't think the injury was that bad but the physio would appear to disagree. I have a high pain threshold but after two sessions of a physio manipulating the soft tisssue and me shouting "ouch!" "ouch!" "ouch!" for 30 minutes each time I don't know what to do. I don't want to apppear greedy but I've forked out for a 2006 car when I could really do with saving the money for uncertain times ahead. I also have to attend a doctor's appointment end of March which is hardly local and would mean taking a half day off work.

To accept £1000 or not? Any advice gratefully accepted from this first-time poster.

no-oneknowsme

The solicitors have encouraged me to pursue a personal injury claim and have arranged and approved for seven sessions with a physio which have proven to be very painful and she diagnosed mild whiplash.

I would advise you to ask the Solicitor for advice on this . They know your individual case and will be able to advise on a fair offer in relation to your injuries.

Today I have received an offer from £1,000 from the third party who only yesterday admitted liability for the accident. My dilemma is whether to accept that offer or decline it

My OH has also had an accident and claimed compensation (2 accidents actually) . ON both occasions he appointed a Solicitor using the legal cover included in his policy . Something that OH was told at the time , when he was made an offer from the third party was that any offer of compenstion from the third party will be an offer which is best for them , not you !

I don't want to apppear greedy but I've forked out for a 2006 car when I could really do with saving the money for uncertain times ahead

With all due respect , the fact that you had to "fork out" almost £5k to replace your (old 15 year old) car will be of no concern to the third party . They would rightfully say that this was your own decision to pay this amount .

.

I also have to attend a doctor's appointment end of March which is hardly local and would mean taking a half day off work.

Loss of earnings can be factored in when deciding how much compensation you would be willing to accept. Speak to your Solicitor and take their advice.

To accept £1000 or not? Any advice gratefully accepted from this first-time poster.

My OH's first offer from the third party insurer was £1,500 which we considered way too low . We then (as I said before) instructed the Solicitor and walked away with £3,300 (for the first accident) and £3,700 (for the second). To be perfectly honest I would not accept £1,000 but everyone will have different opinions.

daffodil17

no-oneknowsme wrote: »

I would advise you to ask the Solicitor for advice on this . They know your individual case and will be able to advise on a fair offer in relation to your injuries.

The solicitors are not in a position to advise whether this is reasonable offer until they get a medical report, presumably the physio after 7 sessions and/or the independent doctor at the end of March.

Thanks for your advice and comments, much appreciated.

no-oneknowsme

daffodil17 wrote: »

The solicitors are not in a position to advise whether this is reasonable offer until they get a medical report, presumably the physio after 7 sessions and/or the independent doctor at the end of March.

Thanks for your advice and comments, much appreciated.

Ahhhh , yes , I suppose the appointment with the "big Doctor" will help your Solicitor reach a decision on what offer is fair.

My suggestion would be to politely decline the current offer of £1k from the third party insurer as once you accept this in full and final settlement you will be unable to go back on it if the medical report at the end of March throws up and injuries which may present themselves at a later stage.

I think it would be un-wise to accept anything until you attend this appointment.

Crazy_Jamie

daffodil17 wrote:

Today I have received an offer from £1,000 from the third party who only yesterday admitted liability for the accident. My dilemma is whether to accept that offer or decline it on the basis that the "clicking neck" is still there and there is a stiffness at the top of my back/bottom of neck. I personally didn't think the injury was that bad but the physio would appear to disagree. I have a high pain threshold but after two sessions of a physio manipulating the soft tisssue and me shouting "ouch!" "ouch!" "ouch!" for 30 minutes each time I don't know what to do. I don't want to apppear greedy but I've forked out for a 2006 car when I could really do with saving the money for uncertain times ahead. I also have to attend a doctor's appointment end of March which is hardly local and would mean taking a half day off work.

To accept £1000 or not? Any advice gratefully accepted from this first-time poster.

The issue relating to the purchasing of a new car is of no consequence in the claim for personal injury, and shouldn't be affecting your decision one way or another. The important aspect is your injury, and you have stated that you are still suffering from symptoms. The £1,000 figure for general damages (the name given to the damages for the actual injury) is about a three to four week whiplash depending on severity, so if you are still suffering from your injuries now it may well be the case that you should be looking a little higher. How much higher will depend on the prognosis given in the medical report.

So in short, I wouldn't accept that offer at this point, and I would most certainly attend that appointment for you to see the medical expert. It sounds to me like your injury is worth more than the £1,000 that has been offered. How much more will depend on what the expert says.

On a side note, was the physiotherapy something that had been recommended by your GP or another doctor?

The_Jester

He's finally settled for just over £4000.