How To Determine Special Damages For a Whiplash Injury Claim

In a whiplash injury claim, determining the appropriate amount of special damages relies on the victim’s ability to document any financial expenses or income losses occurring as the result of their whiplash injuries. Special damages, often referred to as economic damages, require a financial basis for the claim, which often takes the form of medical bills, estimates on future medical expenses, and statements concerning lost income due to medical necessity. The following article outlines how an accident injury victim can calculate the applicable special damages to their whiplash injury claim.

Recognize and Document All Special Damages

Essentially, the first step to calculating special damage claims in whiplash cases involves retaining all medical billing information following treatment for injuries. The following list outlines applicable special damage claims and how to document these losses, including:

Medical costs, which requires the victim to collect and document all expenses related to medical treatment, which may include the costs of transportation to and from treatment

Future medical costs and rehabilitative care, should a victim be advised to seek further medical treatment or rehabilitative care, the victim must also document the costs of these treatments as well. This may include obtaining estimates on the cost of future medical and rehabilitative treatment should a victim be required to seek to prolonged medical treatment

Lost income, which is often documentable by previous income statements versus current income statements, as well as by documenting the amount of time not spent working due to physical incapacity to do so, or to seek medical treatment and other rehabilitative care

Costs of rehabilitative equipment or devices, such as neck or back braces and other purchases a victim must make on their own accord to treat whiplash injuries at home. Again, these purchases must be documented through receipts or other documents conveying that the purchase was made on sound medical advice

Forward Copies of Documents Supporting Special Damage Claims to Appropriate Party

Once all relevant special damages are documented and copied, victims will likely be required to forward these documents to an insurance company representative or their attorney. From these estimates, bills, and other expense reports, an initial settlement offer is often calculated by liable parties and offered to the defendant.

Getting Legal Help with Whiplash Injury Claims

In many cases of whiplash injuries, the extent of the medical damage caused by a whiplash injury is not readily apparent until several days following an accident. Victims should also recognize that not all damages from a whiplash injury will be resolved by the time a claim is settled, and in turn, they must use legal counsel to account for future losses and expenses after accepting a settlement offer. The most important part of negotiating any settlement agreement concerning a whiplash injury will be the use of an attorney.

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