| What evidence will your solicitor use to assess the | | | | arrange this treatment. The cost of the treatment |
| value of your whiplash claim? The first evidence and | | | | will also be included in your claim for compensation. |
| arguably the most important is the medical evidence. | | | | Your solicitor will send a copy of the medical |
| Medical Evidence. You will have been asked to attend | | | | evidence to you to ensure that you agree with the |
| for an examination with a General Practitioner or | | | | comments made by the Doctor. If you are happy |
| Orthopaedic Surgeon in most cases. This expert will | | | | with the medical evidence, your solicitor will then send |
| provide a report confirming the circumstances of the | | | | a copy of the report to the other driver's insurance |
| accident, the injuries sustained by you and the | | | | company or solicitor for them to review. |
| ongoing pain and suffering experienced by you. The | | | | He will also normally write to you with an estimate of |
| expert will also recommend any treatment (such as | | | | the amount of compensation you are likely to |
| physiotherapy or chiropractic treatment) and will | | | | receive. He will look at previously decided whiplash |
| provide a prognosis. This prognosis will detail when | | | | cases and also a book called the Judicial Studies |
| the Doctor expects you to make a full recovery | | | | Guidelines of the Assessment of Damages which |
| (which normally happens in most whiplash claims) and | | | | provides guidance for the amount of compensation |
| therefore will provide the solicitor with enough | | | | for accident claims. |
| information to be able to compare your injury to | | | | He will send this with a Schedule of Special Damages |
| previously decided cases where compensation was | | | | which details all of your losses and expenses to the |
| paid to whiplash victims. | | | | other side and if possible he will ask for offers in |
| Once your solicitor receives the medical report he will | | | | settlement. He will have provided you with a bracket |
| check it against your witness statement to ensure | | | | of likely compensation (for example, £2,000 to |
| that both confirm the accident as it happened, and | | | | £2,500) so that you know what to expect. |
| that the details of the injury are consistent. | | | | If the insurer makes an offer in settlement at this |
| If your solicitor has obtained witness statements | | | | time he will advise you whether that offer is |
| from members of your friends and family to detail | | | | reasonable based on your solicitor's estimate and |
| the impact of the injury, he will also check that they | | | | your solicitor will give you further guidance as to |
| are also consistent with the medical evidence. This is | | | | whether to accept it or whether he or she thinks |
| vital as any differences in the evidence will be picked | | | | they may be able to obtain a slightly increased offer |
| up by the other side or by the Court if a final hearing | | | | of compensation. |
| was required. It is therefore vital that your solicitor | | | | If the insurers fail to make a reasonable offer at this |
| checks these matters very carefully. | | | | point, your solicitor will usually advise you to issue |
| Finally, if any treatment has been recommended by | | | | Court proceedings to spur them into action. |
| your expert, your solicitor will normally help you to | | | | |