3 Damages for whiplash injuries

Damages

3  Damages for whiplash injuries

(1)     This section applies in relation to the determination by a court of damages for pain, suffering and loss of amenity in a case where—

(a)     a person (“the claimant”) suffers a whiplash injury because of driver negligence, and

(b)     the duration of the whiplash injury or any of the whiplash injuries suffered on that occasion—

(i)     does not exceed, or is not likely to exceed, two years, or

(ii)     would not have exceeded, or would not be likely to exceed, two years but for the claimant's failure to take reasonable steps to mitigate its effect.

(2)     The amount of damages for pain, suffering and loss of amenity payable in respect of the whiplash injury or injuries, taken

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