You may be asking the question of how do I know if I have a valid claim for whiplash injury compensation? You may also like to know how much a whiplash claim could be worth. Our guide provides essential reading on how to go about proving a whiplash claim is valid.
If you suffered whiplash whether in a road traffic accident, playing sports, or in a slip, trip and fall accident in the workplace, you may be wondering how to prove your claim is valid. Our guide to seeking compensation for a whiplash injury provides valuable advice and information on what you would need to prove your claim.
We offer information on the symptoms of whiplash, and how severe cases could leave you unable to work for a longer period of time. Our guide also offers an idea of how much your whiplash claim could be worth as well as how general damages and special damages are calculated.
For more information on answering the question how do I know if I have a valid claim for whiplash injury compensation please continue reading our guide. If you would like to discuss your case with a Personal Injury Lawyer from our panel, please get in touch on 0800 408 7825.
Choose A Section
- How To Claim For Whiplash
- What Is A Whiplash Injury To The Neck?
- Examples Of Typical Whiplash Compensation Settlements
- Is There A Cap On Compensation Settlements For Whiplash Injuries?
- Types Of Special Damages Which Could Be Claimed
- What Is A Valid Whiplash Neck Injury Claim?
- Am I Still Allowed To Seek Compensation If My Claim Is Valid?
- Do I Need A Medical Report For My Claim?
- Will The Whiplash Claims Crackdown Affect My Case?
- No Win No Fee Claims For A Valid Claim For Whiplash Injury Compensation
- Speaking To Our Team About A Valid Claim For Whiplash Injury Compensation
- Quick References On A Valid Claim For Whiplash Injury Compensation
You might be wondering how to claim for whiplash. In order to make a personal injury claim, following a road traffic accident, you will need to meet the eligibility criteria.
As per the Road Traffic Act 1988, all road users have a duty of care to each other to navigate the roads safely to avoid causing harm or damage to themselves or others. Additionally, they are expected to follow the rules set out in the Highway Code that encourage safety on the roads. As such, if a road user breaches their duty of care to you and this causes a soft tissue injury to the neck, shoulder or upper back, you may be eligible to claim for a whiplash injury.
However, since the introduction of the Whiplash Reform Programme (WHP), those who are injured as a driver or passenger in a vehicle with injuries valued £5,000 or less will need to make their claim through a different avenue than previously,
Also, the Whiplash Injury Regulations 2021 has applied set tariffs on whiplash injuries that last two years or less.
Continue reading to find out the time limits involved when making a road traffic accident claim.
What Injury Claim Time Limits Should I Be Aware Of?
All personal injury claims have time limits attached to them. These deadlines must be respected for a whiplash claim to be valid. The time limit you must make your claim are explained below:
- 3 years from the date you suffered whiplash
- 3 years from the date you were made aware of your injury
- 3 years from your 18th birthday if you suffered whiplash before you turned eighteen years of age
It is worth noting that in exceptional circumstances, a court may decide to extend a time limit,
For more information on the time limit that your whiplash claim could fall under, please get in touch with a member of our team today.
If you have suffered from whiplash, your head would have been jerked backwards and forwards, or side to side in a violent manner. This will cause the ligaments found in the neck to be stretched too far, thus resulting in damage. You could suffer whiplash in the following ways:
- In a road traffic accident
- Playing sports
- In a slip, trip, and fall accident
- By falling from a height
The symptoms associated with less serious whiplash include the following:
- Pain in your neck
- Stiffness in your neck, and you may have trouble moving your head
- Muscle spasms and pain in your arms and shoulders
You may not experience any whiplash symptoms for a few hours after being involved in an accident, with them only becoming apparent later on.
Severe symptoms associated with a whiplash injury include the following:
- You experience severe pain/discomfort even after taking over the counter painkillers
- You have pins and needles or a tingling sensation in one side of your body or both sides of your body
- You have trouble sitting upright and/or walking
- You feel a sudden sensation like an electric shock in your back and neck which could go down your arms and legs
- There is a weakness in your arms and legs
If you experience any of these symptoms, you should seek medical attention without delay because it could be an indication of nerve damage in your neck and/or back.
To discuss your whiplash claim with Personal Injury Lawyers, please get in touch today.
Our table below provides an idea on what level of general damages you could receive in a successful whiplash claim. General damages are awarded to claimants for the pain and suffering they were caused following the accident through no fault of their own. The amounts indicated in our table are based on the Judicial College Guidelines and do not include any special damages which you could receive in a successful whiplash claim.
|Average Amounts Awarded in General Damages
|Whiplash Injury – 3 – 6 months (without mental health harm)
|Whiplash Injury – Under 3 months (involving mental health harm)
|Severe – Complex Regional Pain Syndrome (i)
|£49,270 to £78,840
|Moderate – Complex Regional Pain Syndrome (ii)
|£26,300 to £49,270
|Other Severe Pain Disorders (i)
|£39,530 to £59,110
|Other Moderate Pain Disorders (ii)
|£19,770 to £36,120
|Severe Neck Injuries (ii)
|£61,710 to £122,860
|Severe Neck Injuries (iii)
|£42,680 to £52,540
|Moderate Neck Injuries (i)
|£23,460 to £36,120
|Moderate Neck Injuries (ii)
|£12,900 to £23,460
|Moderate Neck Injuries (iii)
|£7,410 to £12,900
For a more precise estimate you can rely on, please get in touch with our team!
Following a rise in low-value whiplash claims from road traffic accidents, the Government plans to reform how they are managed. There are plans to put a cap or to remove the right to seek compensation for minor whiplash injury claims and introduce an Official Injury Claim.
This means the average pay-out for a whiplash claim could be reduced, and whiplash compensation would only be awarded if a claimant provides a medical report as proof of their whiplash injury. The changes were planned to take place in April 2021 but have been pushed back to May 2021, meaning personal injury claims valued at £5,000 or less will start this new service.
Whiplash compensation like personal injury compensation is awarded in 2 parts. These are general damages for injuries sustained, and special damages for losses and out of pocket expenses. When you win a whiplash claim the amount you receive in general damages is based on how severe your injuries are and the Judicial College Guidelines.
The second part, being special damages, are awarded for losses and expenses incurred. They are calculated on your ‘actual’ losses and expenses which means you have to provide proof of both in the form of receipts and relevant documents relating to earnings.
You would be able to claim back the following in special damages:
- Care costs if you require help with daily tasks around the home while you recover from a whiplash injury, including care from family costs
- Medical costs which are not included in NHS treatments. This could include private physiotherapy, rehabilitation and other treatments received in the private sector. You could also include any prescription costs you had to payout
- Travel costs which include getting to where you are being treated and back again whether you go by car, train, bus, or taxi
- Loss of earnings during your recovery
- Loss of future income if you are not able to work again
- Other costs, expenses and losses linked to the whiplash injury you suffered
To discuss the kind of special damages you may be entitled to include in a whiplash claim, please get in touch with our panel of Personal Injury Lawyers today.
The more evidence you can provide, the stronger your whiplash claim will be. For a whiplash claim to be valid, you must show that the defendant owed you a duty of care, they failed in that duty and as a consequence, you sustained whiplash.
If you have further questions relating to the sort of evidence required to prove a whiplash claim, please contact Public Interest Lawyers today.
For your whiplash injury claim to be valid, you would need to provide sufficient proof that you suffered a neck injury through no fault of your own. This could be in a road traffic accident in which case you should gather the following evidence:
- Photos of the damage done to vehicles
- Witness statements and their contact details
- A medical report offering a detailed report of the injuries you sustained
- Police report – if the authorities attended the accident
- A detailed record of the events leading up to the accident
To discuss your case with an expert adviser, please phone Public Interest Lawyers today.
If you are in an accident and you sustain whiplash, you must seek medical attention as soon as you possibly can. This will not only get you the much-needed treatment but also makes a record of your injuries in your medical notes which can be used further on in proceedings. This is needed if you want to seek compensation by making a whiplash claim against a party deemed responsible for the injury you suffered.
At this initial medical examination, it is important to record any minor symptoms you are experiencing. This is because a slight ache or discomfort could turn into a more serious health concern further down the line.
As part of the claim, your solicitor will arrange for you to be examined by a medical expert who will create a medical report on the extent of your injuries and how long they estimate your recovery to be. This could be used as evidence to help with your case.
To find out more on the importance of having a medical report when making a whiplash claim, please contact Public Interest Lawyers today
As previously mentioned, there has been a crackdown on whiplash claims due to the supposed high number of claims that have been made over the last decade. This is despite the number of road traffic accidents falling due to the safety of roads in the United Kingdom. As such, measures have been set in place to put a cap on minor whiplash claims which could affect the amount of compensation you may be awarded.
Issues Which Claimants Could Face
The government’s Civil Liability Bill plans to cap the level of compensation you could receive for ‘soft tissue damage’ (whiplash) that motorists, as well as passengers, could claim in compensation. At the same time, the bill will increase the minimum value of a personal injury claim to be heard in court to £5,000 and this would apply to all road traffic accidents.
We provide claimants who contact us information on whether they have a valid whiplash claim. This is a free initial, no-obligation consultation. This allows a member of our team of experts to assess whether your whiplash claim is valid.
Once this has been determined and we believe your case is strong, you would be offered No Win No Fee terms. This means that a No Win No Fee solicitor from our panel would act on your behalf without you having to pay an upfront fee for them to do so. When you sign a Conditional Fee Agreement with a solicitor, there would be no ongoing fees to pay either.
The only time you pay a No Win No Fee lawyer is when you are successful in your whiplash compensation claim. If your case is unsuccessful, the success fee which is the agreed percentage as set out in the No Win No Fee agreement would be waived. In short, you do not have to pay for the legal services provided if you lose your whiplash claim.
To find out more, please get in touch today.
To discuss your whiplash claim with a member of the Public Interest Lawyer’s team, you can do so in the following ways:
An adviser is waiting to take your call.
For more information on the symptoms associated with a whiplash injury, please follow the link provided below:
If you suffered whiplash and would like more information on how Conditional Fee Agreements work when making a public highway claim, please click on the link below:
If you suffered whiplash while travelling on public transport and would like more information on how to claim compensation, please click on the link below