Road Traffic Accident Compensation Claim Amount: Whiplash Neck Shoulder Back Pain

UK road traffic accident solicitor sets out how to calculate the amount of compensation you can claim for whiplash, neck, back and shoulder injuries in a car crash

Road traffic accident victim question

I was involved in a road traffic accident on the M1 and was hit from behind at speed. This resulted in my car being written off and I suffered whiplash, neck pain, lower back pain and shoulder pain.

This accident happened at the beginning of 2011and I am still receiving treatment including the need for twelve chiropractor sessions.

The other party admitted liability at the scene and I understand they also admitted responsibility to the police who also attended at the scene.

Since that time their insurance company have written to me also accepting liability and making an offer of compensation in the figure of £2000 for my personal injury.

At this stage I have not contacted a solicitor and I am still in pain and have not seen any medical experts to complete any medical reports albeit the insurance company have said they can make arrangements if necessary to complete some medical reports from a general practitioner.

Please can you tell me if should accept the offer of £2000 and if not what I should do to ensure I receive the correct amount of compensation?

Road traffic accident solicitor response

From the accident circumstances it is clear that liability lies with the third party. In addition both the third party and the third party insurers have accepted liability.

As you have only recently suffered the accident it is natural that the symptoms of all of the various injuries of which you complain are still on-going – whiplash neck injury, lower back pain and shoulder problems.

It is not possible for an insurance company, yourself or a solicitor at this stage to estimate how long your symptoms might last.

Taking the whiplash, neck pain and back pain in the round – symptoms could resolve themselves within a few months, a year or could lead to a more permanent injury within on-going suffering for some time. A medical expert would need to examine you and perhaps take x-rays and an MRI scan to determine the extent of your injuries.

In any event it is critical that you have a solicitor acting on your behalf and that all of your injuries are properly explored to ensure that the correct amount of compensation is obtained on your behalf.

Please remember – once you settle your claim there will be no opportunity to go back and try and claim a larger amount or further compensation.

The insurers of the third party have indicated that they would obtain a medical report from a general practitioner. A general practitioner is not the appropriate medical expert and in any event you should ensure that the expert who completes the report not only has the correct expertise, but also is not a defendant friendly doctor.

The appropriate expert for this type of injury is an unbiased orthopaedic consultant surgeon.

This doctor will examine you, reference your up to date GP and hospital notes, take scans and x-rays and give an opinion as to the exact nature of your injuries and estimate your recovery period.

Only on receipt of this information can a specialist road traffic accident solicitor advise you how much your potential claim is worth.

The medical expert will be chosen by your solicitor and the identity will be agreed with the defendants’ insurers to ensure that the expert evidence given will be accepted by all parties.

To see examples of the amounts of RTA compensation you can claim for all of your whiplash, neck and back injuries click compensation amounts or click road traffic accident solicitor to contact me online to assess your claim free of charge.

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