How Much Compensation For A Whiplash Claim?
100% No Win No Fee
Find out how our No Win No Fee solicitors could help you claim compensation for whiplash.
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How Much Compensation For A Whiplash Claim?
100% No Win No Fee
Find out how our No Win No Fee solicitors could help you claim compensation for whiplash.
Excellent Reviews On
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Did you sustain a whiplash injury in a car accident that was not your fault? If so, you may be eligible to start a road traffic accident claim to be compensated for your pain and suffering. This guide will explain how it is possible to make a whiplash claim with the help of one of our experienced No Win No Fee solicitors.
Key Takeaways For Whiplash Claims
- Whiplash is a neck injury caused by a sudden jolt of your head. Symptoms typically last two to three months.
- If you suffered whiplash in a car accident that was not your fault, you may be eligible to claim compensation.
- Whiplash compensation is typically valued in line with a fixed tariff due to recent legislative changes.
- For a successful claim, you must obtain evidence to prove how the other driver was responsible for your injuries.
- One of our specialist road traffic accident solicitors may help you claim compensation on a No Win No Fee Basis.
If you would like to find out if you can start a whiplash claim today, please get in touch with our helpful advisors by:
- Visiting our contact us page
- Calling them on 0333 091 8598
- Messaging them on our live chat
What Is Whiplash?
Whiplash is a neck injury that is caused by a sudden jolt or whip like movement of your head. This causes irritation or damage to the ligaments and muscles in the neck.
Anyone can suffer from a whiplash injury and they are very common, particularly as a result of road traffic accidents. Even a minor car accident can cause a whiplash injury.
If you sustained a neck injury in a road traffic accident, get in touch with one of our friendly advisors to find out if you have a valid whiplash claim.
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How To Make A Whiplash Claim
If you sustained whiplash in a car accident that was not your fault, you probably want to know, ‘How can I start a whiplash claim to receive compensation for my suffering?’
All road users owe a duty of care and must use the roads in a safe and responsible manner to avoid causing harm to other road users. To comply with their duty, they must adhere to the provisions of the Road Traffic Act 1988 and the Highway Code. If they fail to meet this standard of care, they would be in breach of their duty and this would be considered negligent.
Therefore, to be eligible to claim whiplash compensation you must meet the following criteria:
- The other driver must have owed you a duty of care
- This driver must have breached this duty
- This must have resulted in your injuries
One of our friendly advisors can discuss this eligibility further and help you establish whether you have a valid claim.
Changes To The Law & The Whiplash Reform Programme
In 2021, legislative changes were made to the law surrounding whiplash claims in England and Wales with the implementation of the Whiplash Reform Programme (WRP). However, to claim compensation through the Whiplash Reforms:
- You must have been injured as a driver or passenger of a vehicle
- You must be aged 18 or over
- Your injuries must be valued at £5,000 or less
Following a rise of whiplash claims in England and Wales, the WRP also placed a fixed tariff on whiplash compensation that is laid out within the Whiplash Injury Regulations 2021. However, compensation will be valued traditionally if you suffered additional injuries not covered by this tariff. Whiplash injuries will still be valued in line with the tariffs.
Understandably. you may have little knowledge of the law regarding whiplash claims. However, if you have any questions about this, please get in touch with our helpful advisors today. They can also assess if you are entitled to compensation and help you start your claim.
Symptoms Of Whiplash
The symptoms of whiplash tend to vary depending on the extent of the head jolt that caused the injury. Therefore, not every person experiences the same symptoms. However, some of the most common symptoms of whiplash include:
- Neck pain and stiffness
- Difficulty turning your neck
- Headaches and blurred vision
- Muscle spasms in your shoulders and arms
- Nausea and dizziness
The symptoms of whiplash injuries typically tend to get better within two to three months.
If you have suffered from whiplash in an accident that was not your fault, you may have been in a lot of pain and discomfort. However, you may be eligible to claim compensation. Contact our friendly advisors to start your whiplash claim today.
How Can You Get Whiplash?
Here are some examples of road traffic accidents that typically result in whiplash or other minor injuries:
- Head on collisions
- Rear end collisions
- Side impact collisions
- Single or multi-vehicle collisions
Additionally, official statistics presented by the Association of British Insurers demonstrate that over 1,500 whiplash claims are made each day in the UK. This means that roughly 550,000 claims are made each year and the majority of them are caused by road traffic accidents.
If another road user was responsible for whiplash injuries, please contact our helpful advisors today to find out if you are eligible to start a personal injury claim.
What Evidence Is Needed To Support A Whiplash Claim?
Some examples of evidence that may support your claim include:
- Medical evidence, such as a medical report, scans and prescriptions
- CCTV or dash cam footage of your accident
- Insurance details, if they were collected at the scene
- Police report, if they were called to the scene
- Photographs of the accident scene and your injuries
- Witness contact details
Proving third party liability is one of the most important stages of the claims process.
If you want some advice on how to obtain evidence to support your whiplash claim, our helpful advisors are available to give you tips and free advice so do not hesitate to get in touch.
Whiplash Compensation Amounts
Compensation for whiplash can vary. If you are claiming through the Reform Programme, the overall value of your injuries must not exceed £5,000. However, more severe neck injuries could be valued in the region of £181,020 (this figure is from the Judicial College Guidelines).
Examples of the tariffs found in the Whiplash Injury Regulations include:
- £4,345 if you suffer with whiplash symptoms lasting 18-24 months along with a minor psychological injury.
- £4,215 if you suffer whiplash symptoms for 18-24 months but don’t also have a minor psychological injury.
- £3,100 for whiplash symptoms and a minor psychological injury lasting 15-18 months.
- £3,005 for whiplash symptoms lasting 15-18 months without a psychological injury.
Furthermore, in personal injury claims, compensation awards are calculated under two heads of the claim, the first being general damages and the second, special damages. This is to make sure you are fairly compensated.
General damages is the head of claim that compensates you for the physical and psychological injuries you sustained. This award is calculated by a professional team who use an independent medical report and compensation guidelines presented by the Judicial College (JCG) to reach an appropriate figure. This document will be used to assign value to injuries not found in the Whiplash Injury Regulations.
The JCG contains a list of injuries and their guideline compensation figures. Our compensation calculator uses figures from this document.
Compensation Bracket: 0.00
Depending on the extent of your injuries, they may have resulted in you incurring financial losses. Therefore, under the head of claim special damages, you may be compensated for any income you have lost due to your injuries, such as:
- Lost wages or work benefits, including bonuses or pension contributions
- Costs towards healthcare, childcare or travel
- Payments towards home adjustments or special equipment
When claiming special damages, you must provide evidence of the losses you have incurred. Some examples of this include pay slips, bank statements or receipts.
In all whiplash claims, settlements typically differ as everyone is impacted differently by the car accident. Therefore, if you want to know more about the specific details of your compensation, please get in touch with our advisors today.
How Long After An Accident Can You Make A Claim?
Under the Limitation Act 1980, you typically have 3 years to begin your personal injury claim from the date you sustained your injuries. However, all claims are different so there are some exceptions to this, such as:
- If the injured person is a minor, under UK law, they cannot start a claim so the 3 year time limit is placed on pause until they reach 18 and will end when they turn 21.
- When the injured party lacks the required mental capacity to handle a claim, the time limit is indefinitely frozen.
In these cases, starting a claim during this suspension may be possible if a litigation friend is appointed to act on their behalf throughout the claims process.
If you are not sure whether you are within the claims time limit or want some more information on the role of a litigation friend, our helpful advisors are available to help you, so get in touch with them today. They can discuss how long you have to make a whiplash claim.
Can No Win No Fee Solicitors Co Help Me Make A Whiplash Claim?
Yes, if you are eligible, No Win No Fee Solicitors Co can help you make a whiplash claim. As the name suggests, we can do so on a No Win No Fee basis (more on this shortly).
If you have been involved in a car accident, resulting in your whiplash injury it is understandable that you may be feeling overwhelmed at the moment. However, you have a legal right to claim compensation for your suffering.
We have an excellent team of advisors who are available 24/7 to help you start a whiplash claim and support you through each step of the claims process. We also have excellent solicitors who have many years of experience of using their specialist skills to win claimants over £80 million of compensation.
Our solicitors can help you claim whiplash compensation by:
- Walking you through each stage of the claims process
- Explaining legal terminology and documents
- Helping you obtain evidence and building your claim
- Explaining how compensation is calculated
- Negotiating settlements on your behalf
How No Win No Fee Solicitors Co Can Help You
As stated above, our solicitors can help eligible claimants on a No Win No Fee basis. We recognise that you may be worried about the cost of legal representation. Therefore, our solicitors offer their services through a Conditional Fee Agreement (CFA) – a type of No Win No Fee arrangement. The key benefit to this is that you do not need to pay upfront costs for your solicitors work on your claim.
If your claim is successful, your solicitor will request a success fee for their work. The success fee is a percentage that your solicitor will deduct from your compensation before you receive it. The percentage itself is subject to a legislative limit. If your claim is unsuccessful, you will not be required to pay this.
If you would like to start a whiplash claim today, please get in touch with our helpful advisors by:
- Visiting our contact us page
- Calling an advisor on 0333 091 8598
- Messaging a team member on our live chat
Get More Information
The links below provide some further information regarding compensation claims.
- Learn about personal injury claims
- Learn about fatal accident claims
- Here is some information about making a head injury claim.
References:
- Find your nearest emergency treatment services, NHS.UK
- Information on seatbelt laws in the UK, GOV.UK
- Find out if you are entitled to statutory sick pay, GOV.UK
Frequently Asked Questions
Here are the answers to some frequently asked questions regarding whiplash and car accident claims.
What If I Suffered Whiplash While Abroad Or On Holiday?
If you have suffered from whiplash during a holiday accident, you still may be eligible to claim compensation if you meet the specific criteria. However, you may need to inform your holiday provider and obtain evidence such as insurance details, hospital records and accident reports.
Can I Still Claim If The Other Driver Wasn’t Insured?
If you were injured by an uninsured driver you still may be eligible to start a car accident claim. However, you must claim through the Motor Insurance Bureau (MIB). Our solicitors can provide legal support on a No Win No Fee basis when claiming through the MIB.
Is There A Difference Between “Split Liability” And “Knock-For-Knock”?
Split liability claims and knock-for-knock claims are made when both the claimant and defendant are somewhat liable for the accident and damage it caused. However, as explained below, both claims slightly differ.
Split liability claims examine the extent of which each party is responsible for the accident. This will then determine how much compensation the claimant is entitled to. For example, the claim may be split 70:30 in the claimants favour. Here, the claimant is awarded 70% of the compensation.
In knock-for-knock claims, the total amount of damages are equal for each party to the claim. Therefore, insurance companies cover their own compensation as the costs are the same amounts.
How Is Whiplash Usually Treated?
Medical professionals typically advise taking painkillers such as paracetamol or ibuprofen or prescribe codeine for those in more severe pain.
If symptoms take longer to get better, further treatment or specialist appointments with other medical professionals may be recommended, such as with a physiotherapist, psychologist or pain specialist.
Thank you for taking the time to read this guide on whiplash claims.
