• 21 July 2011

Whiplash victims make car accident compensation claims for loss of future earnings

by Macks Solicitors

On average, half a million motorists make a car accident compensation claim for whiplash a year in the UK. Whiplash is neck pain often suffered following a car accident. It is most likely to occur when a vehicle is hit from behind. Injured person may also have pain in their shoulders and upper back as well as headaches.

Although doctors know what the general symptoms of whiplash are, the problem lies in the fact that there is no single physical bodily cause for whiplash, and therefore no sure way of treating it. One person may sustain a whiplash injury and be fully recovered within a week, while another person may sustain the same injury and continue to feel the symptoms for many years. This gap of knowledge in the prognosis for whiplash can be a real problem for car accident victims who have suffered from neck injuries. It is hard to tell how long an individual will be affected by whiplash and how long they may need to take time from work.

This is something that is beginning to be seriously considered when a car accident compensation claim is made. Apart from the obvious damages to a vehicle and the immediate physical injuries, the potential loss of future earnings is becoming a significant factor in the growing dialogue about car accident compensation.

Nicola Robstart, 37, from Liverpool, was the victim of a car collision, which left her with serious whiplash. The local hospital treated her as best as they could, though medical professionals did warn her about the possibility of her painful symptoms lasting for up to twenty four months. Miss Robstart initially set about making a car accident compensation claim only for the immediate physiotherapy treatment needed and the damages done to her vehicle. However, being a recruitment consultant, Miss Robstart was regularly required to proactively leave her office and meet clients on a day to day basis – an activity that would prove difficult if her neck pain persisted. Since a large proportion of Miss Robstart’s salary was made up of the commission she earned from gaining new clients, if her whiplash symptoms did continue for the next two years, Miss Robstart would have been likely to lose out on a substantial amount of income. Miss Robstart was therefore advised to extend her car accident compensation claim to cover the ongoing physiotherapy sessions she was likely to need for the following twenty four months and the estimated salary she would be missing out on. Having not considered this as an option before, Miss Robstart was very thankful for the advice offered to her and decided to go ahead with the suggested, larger car accident compensation claim. Miss Robstart eventually won a substantial amount of compensation, which meant that while she was recovering from whiplash, she no longer had the extra stress of worrying about underperforming at work.

In a similar case, Daniel Thomas, a construction worker from Dorset, was involved in an incident while he was working on an extension in the Blandford area. On his way to work, Mr Thomas was involved in a road accident which left him with serious whiplash. The incident happened at some traffic lights, where the person in the car behind Mr Thomas’ car failed to stop at the red light and collided into Mr Thomas’ vehicle. The injury Mr Thomas sustained prevented him from finishing the extension in Blandford on time, which cost his construction company a considerable sum. The doctors also told Mr Thomas that he would be unable to do any physical labour for at least six months and would need to undergo physiotherapy sessions until this time. Mr Thomas was left feeling extremely helpless; he felt it unfair that he had lost money (and was about to suffer even more financial loss) because of his whiplash injury. It was for this reason that Mr Thomas decided to claim for car accident compensation. He wanted to receive compensation for the money he had lost as a result of the accident from the extension in Blandford, the damage done to his vehicle, the whiplash neck injury and the money he predicted he would lose in the next six months. Mr Thomas was successful in his claim. He won his financial security back, as well as his peace of mind, as a result of his car accident compensation claim.

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