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Compensation for pain and suffering in whiplash ᐅ How much money is there?

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1. Important note for compensation for pain and suffering in the event of whiplash

If you want to receive compensation for pain and suffering for whiplash, legal assistance can be helpful and even refundable in many cases. With the help of a lawyer, many pitfalls can be circumvented by the opposing insurance company and the appropriate compensation payment can be negotiated.

If you are not at fault for the accident, the lawyer’s fees are generally a recognized damage item that must be borne by the insurance of the person who caused the accident. What applies to your individual case can be checked by a free initial assessment by an advocado partner lawyer.

You can find out approximately how much compensation you are entitled to and how you can apply for it to your advantage inChapter 3 – How much compensation for pain and suffering in whiplash? andChapter 4 – Apply for compensation for pain.

More detailed information on the subject of “compensation for pain and suffering”, when the claim is time-barred and for which other damages you must receive compensation, can be read in our article on the overarching topic of compensation for pain:2. What is whiplash?

In the case of whiplash, for example.B. when two vehicles collide due to an unexpected and jerky movement of the head, there is an injury in the area of the cervical spine. The colloquial term “whiplash” only describes the process of the accident – the medical term for the injury to the cervical spine (cervical spine) itself is called cervical spine distorsion.

The symptoms of whiplash – which is also known to many as acceleration trauma, cervic spine syndrome or cervic spine sprain – always depend on the cause and severity of the accident. In principle, headaches and neck pain are among the most common consequences of minor accidents – in the case of more serious accidents, for example, visual disturbances, dizziness, tremors or often psychological problems can occur. Whiplash after an accident

According to the Federal Statistical Office, there was a traffic accident every 13 seconds in Germany in 2015 – a total of about 2.5 million. Particularly common are rear-end collisions in which not only property damage, but also injuries occur – especially whiplash in accident victims.

Due to the shock moment, the symptoms of cervy distorsion usually do not occur immediately after the accident, but often only a few hours and sometimes even weeks or months later. In addition, the injuries are often not externally visible and the clinical picture is therefore controversial – it can therefore easily lead to disputes between the parties to the accident or the accident victim and the opposing insurance company about the actual extent of the damage.

It may therefore be advisable to consult a doctor after the accident and explain the course of the accident and symptoms that are already occurring. In this way, the doctor may be able to counteract future consequences at an early stage, attribute long-term consequences to the accident and issue you with a sick leave so that you can apply for compensation for pain and suffering later if necessary. Psychological consequences of whiplash

It should not be underestimated that whiplash can have an impact on the psyche of the accident victim in addition to physical damage. Psychological consequences often last longer than physical damage and can even increase the sensation of pain.

Not only physical consequences, but also psychological problems can significantly affect the life of the accident victim. Therefore, in the case of whiplash, a compensation for pain and suffering can also be applied for for mental illness. It is then decided on a case-by-case basis how severe the impairment is, whether compensation for pain and suffering is suitable for it and how high its amount is.

Even with mental health problems, it can be helpful to see a doctor who can help you manage the symptoms and issue a sick leave. Since psychological problems are usually not visible to outsiders, you can only prove that they have arisen as a result of the accident and represent a lasting burden for you.3. How much compensation for pain and suffering in the event of whiplash?

“If it bangs at the back, there’s money at the front” – that’s how it’s generally claimed. But there is no universally applicable regulation that determines when someone is entitled to compensation for pain and suffering in the event of whiplash. Whether there is a claim for compensation for pain and suffering and how high it is depends in principle on several factors:the impact speed of the accident vehicles,difference in speeds between the two vehicles,change in speed due to the accident,seating position of the occupants,Diagnosis of physical or psychological damage by a doctor andDuration of incapacity for work.

In addition, it is decisive whether the accident victim is partly to blame for the accident – if the person was significantly involved in the course of the accident, the compensation for pain and suffering is not necessarily completely eliminated, but can be greatly reduced. Compensation table for pain and suffering

If, for example, minor injuries have occurred and the injured party has been ill and unable to work for a week, sums in the low hundreds are regularly paid out – in the case of serious and long-lasting consequences, however, the compensation for pain and suffering can also exceed many thousands of euros in individual cases. In order to decide how much compensation for pain and suffering the accident victims are entitled to in the event of cervy distorsion, the courts are guided by the following table:

Mild impairments such as .B neck pain or very low movement restrictions

Moderate pain such as .B movement restrictions or numbness of limbs

Severe pain and injuries such as .B reduced muscle reflexes, loss of consciousness or motor deficits

Significant injuries in the area of the spinal cord, e.B. as a result of the paraplegia of the accident victim

Explanation: The duration of sick leave in the case of whiplash always depends on the findings, age and general state of health of the patient. The information in the table is therefore to be understood only as an orientation.

Would you like to receive compensation for pain and suffering?

Would you like to receive compensation for pain and suffering?

An advocado partner lawyer will explain the possible procedure to you in a free initial assessment.

Claim compensation for pain and suffering now

In most cases, damage occurs with a severity of 1 or 2. The injured parties are usually sick and unable to work for between one and two weeks. However, the recovery time can also be up to eight weeks. For private individuals, however, it is usually difficult to estimate how much compensation they can demand from the opposing insurance company. In addition, after an accident, you certainly want to focus superficially on your own recovery and not on legal matters. A lawyer can relieve you of the legal worries after whiplash, show you how much compensation you are entitled to, take into account long-term consequences and enforce the claims in court.

The insurance companies of the person who caused the accident may want to compensate the accident victims with a one-off payment and in return often have a severance payment declaration signed. If the long-term consequences of the accident occur, the injured party no longer has any claims for further compensation for pain.4. Apply for compensation for whiplash

Many cases of whiplash show that negotiations on compensation for pain and suffering are more successful if the accident victims seek legal help. If you would like to apply for compensation for pain and suffering due to whiplash, you can also contact the insurance company of the person who caused the accident directly and claim the compensation for pain and suffering – sometimes, however, the insurance company refuses to pay the compensation for pain or offers too little.

In the next chapters, you will learn about the advantages of using a lawyer and how exactly the process of a claim for compensation for pain and suffering takes place.Advantages of legal assistance

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