Claiming For Whiplash - The Facts

Whiplash is not only painful, it can affect your ability to carry out your job and partake in daily activities, and so the question really is how much is this pain and discomfort worth in monetary terms?

The amount of compensation received is dependent on a number of variables, and your claim is categorised accordingly.

The initial variable to be considered is the method through which you make your claim for whiplash, either directly against the insurer or via a solicitor. If you take direct action against the insurance company you will be compensated in line with the settlement agreement made with that insurer.

If you decided to use a solicitor, then you can claim for two types of damage: general damages, or special damages.

General damages are given in relation to any physical pain and/or suffering you experience as a result of the accident, i.e. damage such as a neck injury relating to whiplash. If you are claiming for general damages you are also able to claim for any infringement on your quality of life or emotional pain, which has come as a direct result of the accident. In addition, where the accident and any subsequent injury has lead to suffering from psychological disorders such as depression, then these may also contribute to your settlement.

Unlike general damages, special damages are almost predetermined as they are awarded as reimbursement for financial losses incurred as a result of the whiplash and the related accident.

Special damages are often awarded when there has been a loss of earnings whilst recovering from an accident, taking into account any future losses. Special damages are also be awarded if a car has been repaired as a result of the accident or you have been required to pay for someone to care for you during recovery.

If you are thinking of claiming for special damages then it is vital you keep a log of all expenditure and copies of receipts where possible.

So really there are no hard and fast rules as to how much you can claim for whiplash, but with so many No Win No Fee solicitors ready to help and advise it is surely worth it given the suffering incurred.

Want to find out more about whiplash payouts [http://www.whatsmyclaimworth.co.uk], then visit the Whats My Claim Worth site on how to choose the best compensation services [http://www.whatsmyclaimworth.co.uk] for your needs.

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Personal Injury and Bankruptcy

Bankruptcy law may be more relevant to your personal injury case than you realize. As with any specialized area of law, you should consult with a bankruptcy attorney if you have any questions or concerns about how a bankruptcy filing affects your personal injury case. This article briefly examines the interaction of bankruptcy law and personal injury judgments from the perspective of the judgment debtor and the personal injury plaintiff debtor.

If you have been awarded a personal injury judgment, the defendant may decide to file bankruptcy in an attempt to discharge liability for the judgment. In other words, an individual or corporate defendant might opt to file bankruptcy instead of satisfy your judgment if the balance tips in favor of bankruptcy. This may occur if the defendant was uninsured or underinsured for the judgment (like an uninsured driver in a car accident case), and the defendant has so few assets that they can be completely protected in a bankruptcy. While there are other potentially negative implications to filing a bankruptcy, avoiding your personal injury judgment may be incentive enough for a bankruptcy filing.

There are some exceptions to discharge of personal injury judgments, however. For example, a personal injury defendant cannot discharge a debt which arose from injuries he or she caused when operating a motor vehicle while intoxicated. 11 U.S.C. 523(a)(9) If you receive notice that a defendant in your personal injury case has filed bankruptcy, you should check with a bankruptcy lawyer in your jurisdiction to see if there are any other exceptions to discharge which may apply.

A personal injury plaintiff may also decide to file bankruptcy due to the economic stressors which normally arise during lengthy personal injury litigation, such as big medical bills and prolonged periods of unemployment. Personal injury lawsuits can take years to resolve, and it is possible that your creditors may make bankruptcy unavoidable in the meantime. You must exercise great care in this area, and be sure to ask your bankruptcy attorney whether filing bankruptcy could adversely affect your personal injury award.

In a Chapter 7 bankruptcy, the Trustee reviews your property to determine whether there are any non-exempt assets which could be seized and liquidated for the benefit of your creditors. Some jurisdictions protect personal injury settlements from seizure in a Chapter 7 bankruptcy, but others do not. Similarly, in some jurisdictions, personal injury awards are a form of disposable income you must submit to the Trustee in a Chapter 13 bankruptcy. If there is even a chance you could receive a personal injury award, it is imperative that you notify your bankruptcy lawyer of this possibility so he or she can assess whether bankruptcy is truly appropriate for you. Otherwise, you risk seizure of the judgment which will relieve the pressure of your medical and other bills.

Bankruptcy law is more complicated than most personal injury suits, so it would generally be inadvisable to use the same attorney for both purposes. Your bankruptcy and personal injury lawyers should be able to work together to maximize your financial gain.

Kate Owen

More legal articles can be found at http://www.attorney-for-personal-injury.com This article is not a substitute for professional legal advice from a personal injury attorney, and does not provide legal services of any kind.

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Why Local Motorcycle and Accident Lawyers Are Ideal

If you've found yourself in a situation where you need to hire a motorcycle accident lawyer, there are several things you'll need to consider in order to ensure you're making the right choice. One of the most important factors is being sure to hire a local attorney. There are several reasons that hiring a local personal injury lawyer is going to be the best option for you.

One huge advantage your local motorcycle accident lawyer will have is his knowledge of any peculiar local laws relevant to your case. Sure, some other attorney would work hard to learn any pertinent local legislation, but wouldn't it be nice for your attorney to already know these things? Local knowledge goes a long way and will give you an advantage in the courtroom.

Another reason you should go with a local accident lawyer is because they'll know when, where and how to file the different motions that will pertain to your case. If you choose to go with an out of city attorney, it's liable that he/she will charge you for the time it takes for them to research and locate any local offices. If you go with someone local, they are going to have this information already on hand, which ends up saving you money and the entire process will go faster. Plus, these lawyers bound to have some knowledge about the judges in the area, which can work to your advantage.

You'll also find that a local attorney will be familiar with the roads and traffic areas of your community. With a lawyer who isn't located locally, you'll have to rely on your explanation and description of the scene, where a local attorney would already be familiar with the area in which you were involved in an accident. This not only saves time and hassle but can give you a leg up when your attorney is better able to understand the particulars of your case.

One more factor that shouldn't be neglected is the convenience of hiring a personal injury lawyer from your area. Being able to meet face to face locally is much nicer than having to work primarily over the phone. You might feel the urge to talk to your attorney in person once in a while, and being able to drive to the office is a convenience that shouldn't be overlooked.

There are several advantages to having a local attorney representing you for your case, no matter what case it may be. However, don't just choose any local attorney. Do some research into their background and be confident in their ability to represent your case.

Colin Daives writes general information articles about a number of legal topics that range from personal injury and civil rights to criminal law and DUI cases. Each state has different laws and every case is unique. His articles are not meant to be legal advice. To learn more or for assistance with your case in the state of Colorado, contact Denver DUI lawyers or a Denver car accident attorney today.

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