Why Is It Necessary To See An Independent Medical Expert Regarding My Whiplash Injury When I Have Already Seen My GP?

If you have sustained a whiplash injury as a result of a car accident and are going through the process of making a claim for whiplash injury compensation, or are contemplating doing so, you may have many questions about what is involved in making such a claim. Many people who are new to the claims process wonder why, after seeing their own GP and perhaps being treated at hospital following the accident, it is necessary to attend an appointment with an independent medical expert. This article seeks to answer this question by looking at the importance of the medical examination and report and how the findings of the medical expert are used to help your solicitor value your claim.

When you instruct a whiplash solicitor to pursue your claim for compensation for you, your solicitor will explain to you that your claim for whiplash injury compensation is split into two parts – your general damages and your special damages. Your general damages claim is your claim for the actual pain and suffering you have sustained, i.e. your whiplash injury, and your special damages claim is your claim for any out of pocket expenses you have incurred as a result of the accident. Items of special damage include (but are not limited to) loss of earnings, loss of overtime, travelling expenses to medical appointments, prescriptions charges and treatment costs. Special damages claims are often quite straightforward to quantify as you should be able to provide documentary evidence in support of each item you are claiming (i.e. receipts, pay slips or invoices).

Your general damages claim is valued by looking at the actual injuries you have sustained and the length of time it has taken you, or will take you, to recover from your injuries. This is why it is so important for you to attend upon an independent medical expert who will assess your injuries (without any bias) and will prepare a report detailing the same and providing a prognosis for the future. The prognosis will set out how long it is likely to take you to make a full recovery from your injuries and how long any residual symptoms are expected to last. In order to value your claim your solicitor will then refer to other, previously settled cases where the Claimant has received similar injuries to your own and has taken a similar amount of time to recover. They will also refer to the Judicial Studies Board Guidelines for estimation of how much you claim for general damages may be worth.

The medical appointment and report therefore form an essential part of the claims process. Not only will you receive expert advice on how to best treat your whiplash injury but your solicitor should also be able to progress your claim to settlement once in possession of the report.

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