A rule of thumb when assessing compensation in neck injuries
1. What is “Whipash”?
A medical term to describe a neck injury that excludes a fracture or dislocation of the cervical spine. Whiplash injuries can be classified into different grades from Grade 1 to 4.
2. My friend had whiplash and he got $X for his claim. Can I get as much?
It is important not to be carried away by the medical term and assume that you will get as much just because your doctor said you had a whiplash. His “whiplash” may be more severe with several components of claim (eg. Loss of Earning Capacity , Future Medical Expenses). In contrast, your “whiplash” may be a lighter injury with pain and suffering as the only major component.
3. What rule of thumb can I use when comparing my claim with my friend’s (other than the medical term “whiplash”)?
Compare the following:
- Number of days’ of medical leave. If your friend had 20 days, and you had only 2, don’t expect to get as much.
- The doctor. If your friend saw an orthopaedics specialist and you sought a general practitioner (GP), expect less for your whiplash.
- Number of visits to the doctor’s. If your friend went for several follow-ups (including visits to the physiotherapist) over a span of say six months, and you only saw the GP once, do not expect to get as much as your friend. In your friend’s case, his medical expenses alone may already trump your entire claim.
- The diagnostic tests. Did your doctor do any X-rays or MRIs on you? The use of a medical term “whiplash”, even by a doctor, will not score high with the court if the use of the medical term (a medical opinion) is not supported by objective results from diagnostic tests.
4. There is an online resource Guidelines for the Assessment of General Damages in Personal Injury Cases that say that a Whiplash Grade 1 is worth $5000 – $7000 for pain and suffering. I saw a GP once with 2 days’ of medical leave. He did not do X-rays/MRI but his medical report used the term “whiplash grade 1”. Can I get as much?
The use of the medical term “Whiplash” is one factor that may elevate your quantum. But medical term is not conclusive of your quantum. Don’t get carried away by the word. Ask yourself the same questions in paragraph 3. Based on the facts (i.e. GP, 1 visit, 2 days MC, no X-rays), a quantum in the range $1500 – $3000 (i.e. for a neck sprain) is more reasonable.
5. I have no money to see a specialist. I also have no money to do an MRI (which cost more than $1000). Am I then confined to $1500 – $3000 (i.e. for a neck sprain)?
If your neck injury is still bothering you, go back to the same GP (which is cheaper than seeing a specialist). Take the additional medical leave given by the GP (even if you do not intend to rely on it). If the neck injury still bothers you after the additional medical leave expires, repeat the visit to the same GP. Until the pain resolves totally.
Your medical leave approximates the duration of your pain and suffering. If the total medical leave is 14 days (i.e. 2 weeks), it may be arguable that in your case, the duration of pain and suffering took “between a few weeks and 2 years”1 to resolve, and thus qualify you for the $5000 – $7000 (i.e. whiplash grade 1) range.
