Factors That Determine How Victim of Whiplash Gets Compensated

An insurance company must consider multiple factors, if it needs to determine the compensation for an accident victim that has suffered a whiplashing.

Costs created by treating the condition/disorder.

• Cost of transportation to the hospital. Cost of parking at a doctor’s office.
• The bill from the hospital, if the victim was confined to the hospital for any length of time.
• The amount of money paid a nurse, if the victim needed home care.
• The money spent on medication and medical supplies.

The anticipated medical costs in the future

Those would be determined by the doctor’s prognosis. The victim of WAD might need to undergo some form of therapy. Satisfaction of that need would add to the costs facing the victim that is living with WAD.

Lost wages

If the disorder has limited the victim’s normal body movements, then that could force the victim to remain at home for quite some time. During that time at home, the employee would not be able to make any salary. In addition, the victim might have planned to engage in a type of training, one that had been ruled-out due to the employee’s accident.

Normally, when an employee takes part in a training session, then he or she can expect to get rewarded with a higher salary. For that reason, the fact that the training could not be included in the employee’s schedule should count as a loss, one that ought to be replaced with a fair compensation.

Pain and suffering

Unfortunately, the amount awarded for pain and suffering has a limit in Canada as per personal injury lawyer in Sherwood Park. That is unfortunate, because a whiplash injury does produce pain. If the victim needs to wear a brace, then that can cause discomfort.

How can such victims seek a fair compensation for their pain and injury?

Each of those victims would need to file a lawsuit against the other driver. They would increase their chances for winning that lawsuit by proving that the other driver was negligent. That means demonstrating proof of 4 elements.

• Proof that the other driver had a duty of care towards the plaintiff.
• Proof that the other driver breached that same duty of care.
• Proof that the breach committed by the other driver caused the plaintiff’s injury. In this case, that injury would be a WAD.
• Proof that the injured plaintiff suffered a marked loss, as a result of the motor vehicle accident.

In this case, the treatment for the injury would have created a stack of medical bills. The fact that the plaintiff needed to pay all those bills would stand as evidence of the loss suffered by the person that sustained a WAD, as the result of a motor vehicle accident.