Claiming For Whiplash Following A Rear-End Collision

By Max Morris. Last Updated 30th May 2022. If you suffered whiplash following a rear-end collision, you might be wondering how to prove your injury was a result of the car accident. You may also be asking how much your potential personal injury claim could be worth.

Whiplash is a common injury which can be debilitating and leaves you unable to

Whiplash following rear-end collision

Whiplash following rear-end collision

work for some time. It is most often associated with car accidents, although you can sustain whiplash in other ways too. Our guide to claiming for whiplash following a rear-end collision provides essential reading on how you can prove your case, how a solicitor could represent you on a No Win No Fee basis, and how much your whiplash claim could be worth.

To find out more about how to seek compensation for a whiplash injury, please read our guide. Alternatively, to discuss your personal injury claim with one of our advisers, please contact Public Interest Lawyers on 0800 408 7825.

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A Guide On Claiming Whiplash For A Rear-End Collision

Our guide to claiming compensation for whiplash following a rear-end collision explains how to prove this type of case. We offer an idea of how much a personal injury claim for whiplash could be worth, and how the two heads of compensation, general damages, and special damages, are calculated. We provide information on what whiplash is and how you could suffer this type of injury, whether in a car accident or another incident.

The guide explains how establishing fault in rear-end accidents is reached, and this type of neck injury can be sustained even in low-speed crashes. We also provide essential information on time limits associated with whiplash claims, and how you could be represented by a No Win No Fee personal injury lawyer from our panel.

To discuss a whiplash related personal injury claim with one of our expert advisers, please contact Public Interest Lawyers today.

What Is A Rear-End Collision?

You can suffer whiplash during a car accident, even when travelling at low speeds. The injury to your neck is caused when your head is violently shunted backwards and forwards, or from side to side. It can happen when a vehicle is hit from behind, or another car runs into the car in front. Symptoms of whiplash are not always evident straight away but can manifest later on, whether within a few hours or days later.

What Is A Side Swipe Collision?

You can also suffer whiplash if the vehicle you are travelling in is involved in a sideswipe collision with another vehicle. This is when a vehicle is struck in the rear quarter, causing the occupants to be violently jerked from side to side. The result of such a collision is that your head is shunted from side to side, causing you damage.

If you were injured in a sideswipe collision and suffered whiplash, one of our expert advisers can let you know if you have a valid claim by offering you a no-obligation consultation, which is free of charge.

How Much Is a Whiplash Claim Worth in 2022?

When claiming for whiplash, it’s important to know the relevant claims procedure in relation to your injury. If you fulfil the below criteria, you may now need to claim through the Whiplash Reform Programme using an online portal.

  • The injury occurred after the 31st of May 2021
  • You were the driver or passenger of a vehicle
  • The injury happened in England or Wales
  • The injury is valued at £5,000 or less
  • You were aged 18 and over

If you need to claim in this way, your payout will be based on the set tariff of injuries outlined in The Whiplash Injury Regulations 2021.

If your injuries are worth over £5,000, you would need to claim using the standard procedure. How much your injury is worth can be based on many factors including the extent of the injury, your treatment plan and to what degree the injury has negatively impacted your life.

If you’re unsure how much your injury is worth, or you would like a second opinion, our team of advisors can provide you with a compensation estimate in just one free phone call. Once we know more about your injury, we’ll be able to inform you about how you could proceed with your potential claim. You can contact our team at a time that works for you using the above details.

Below you will find a compensation table showing potential redress amounts for other complex injuries that could occur as well as whiplash. Furthermore, continue reading to learn about potential symptoms of whiplash from a rear-end collision.

Calculating Compensation For Whiplash Following A Rear-End Collision

The compensation table below provides an idea on how much you could be awarded in general damages for the pain and suffering you were caused in a car accident that caused you to suffer whiplash. The amounts indicated are based on the Judicial College Guidelines and do not show any special damages you could receive for your losses and out of pocket expenses. The figures are taken from the most up-to-date guidelines, published in April 2022. 

Type of InjuryCompensation Bracket
Neck Injuries - Severe (ii)£65,740 to £130,930
Neck Injuries - Severe (iii)£45,470 to £55,990
Neck Injuries - Moderate (i)£24,990 to £38,490
Neck Injuries - Moderate (ii)£13,740 to £24,990
Neck Injuries - Moderate (iii)£7,890 to £13,740
Complex Regional Pain Syndrome deemed severe (i)£52,500 to £84,010
Complex Regional Pain Syndrome deemed moderate (ii)£28,030 to £52,500
Other Pain Disorders deemed severe (i)£42,130 to £62,990
Other Pain Disorders deemed moderate(ii)£21,070 to £38,490

For a more precise estimate, please get in touch with our personal injury claims team on the number at the top of this page.

How You Could Be Compensated For Financial Losses

On top of the general damages you could be awarded in a successful whiplash injury claim, you could also receive special damages for the out of pocket expenses you may have incurred. Special damages are awarded to claimants based on financial losses. This means you must provide proof in the form of receipts and other documentation to support any losses you may have endured due to the whiplash you suffered.

The sort of losses and expenses/costs you could include in a whiplash personal injury claim would be as follows:

  • Care costs if help is needed around the home during your recovery from whiplash.
  • Medical expenses which cover things like prescription costs, medical costs which are not covered by the NHS.
  • Travel expenses incurred getting to and from the place when you are treated whether you travel by car, train, bus, or car.
  • Loss of earnings and future earnings should you not be able to work again.
  • Other expenses connected to the whiplash injury you suffered.

If you have any questions regarding special damages in a whiplash personal injury claim, please call Public Interest Lawyers today.

What Is Whiplash?

Whiplash is an injury to the neck which occurs when your head is violently jerked backwards and forwards, or from side to side. This causes the ligaments and tendons found in the neck to be stretched/wrenched beyond their natural range. The damage caused can be debilitating, and as a result, you may not be able to work until you fully recover.

Whiplash Symptoms

The most common symptoms associated with a whiplash injury include the following:

  • Pain in your neck.
  • Stiffness in your neck.
  • Trouble moving your head.
  • Headaches.
  • Pain in your shoulders and arms.
  • Muscle spasms in your shoulders and arms.

You may not experience any symptoms for several hours after being involved in a rear-end collision and could begin to feel the effects days later. If you experience any of the following symptoms, you should seek medical attention as soon as you can.

  • You experience severe pain even if you take painkillers like paracetamol or ibuprofen.
  • You experience pins and needles or have a tingling sensation, whether in one side of your body or both.
  • You have trouble walking or sitting in an upright position.
  • You experience a sudden feeling of an ‘electric shock’ in your back and neck, which could also run down your arms and legs.
  • Your legs and arms feel weak.

Any of the above symptoms could indicate that you suffered nerve damage in your neck and/or back during a rear-end collision.

If you would like to discuss your case with an adviser, please call Public Interest Lawyers today.

Whiplash Treatment Options

When it comes to whiplash treatment options, a general practitioner (GP) may decide to prescribe strong painkillers, including codeine. However, if your whiplash symptoms do not subside within a few weeks, you might be referred to the following by your GP:

  • A pain specialist.
  • A physiotherapist.
  • A psychologist – for support.

For more information on claiming compensation for whiplash, please contact one of our expert advisers today.

How Whiplash Could Be Caused?

You can suffer whiplash in several ways, the most common being when you are involved in a road traffic accident. However, you can also sustain whiplash during a slip and trip fall, as well as the following::

  • Playing contact sports and other sporting accidents.
  • Physical abuse.
  • Any sort of violent trauma which includes a nasty fall.

If you sustained whiplash in a rear-end collision and would like to know if you have a valid claim, please call Public Interest Lawyers today.

Establishing Fault In Rear-End Accidents

If you are involved in a road traffic accident, and another driver collides with the rear of the car you’re in, the other driver would be deemed at fault.

According to Rule 126 of the Highway Code, the following applies:

  • “To ensure you leave enough room between your vehicle and the vehicle in front of you so that you can stop safely if the car in front suddenly stops. The ‘safe rule’ is to ensure you never to get closer than the overall stopping distance.”

When another vehicle rear-ends your vehicle, there is what is known as a ‘presumption of fault’ on the part of the driver who hit your vehicle from behind. However, the burden of proof that the other driver’s fault lies falls to the person making a personal injury claim.

To prove the other driver was at fault, you should gather as much evidence as you can manage at the scene of the road traffic accident. This includes the following:

  • The damage your vehicle sustained.
  • Witness contact details
  • Report the accident to your insurance provider straight away
  • Get written exchanges with the other driver.

Get a medical report of injuries sustained as soon as you can, as this is more evidence that the other driver could be held responsible for the whiplash you suffered when hit from behind.

Could I Suffer Whiplash From A Low-Speed Crash?

Many people believe they would only sustain a whiplash injury if they are in a high-speed road traffic accident or are involved in a rear-end shunt. However, you could sustain whiplash from a low-speed crash. The reason is that any sudden or violent jerk to the neck could result in ligament damage the consequence of which is a painful injury which could mean you have to take time off work to recover.

To speak to Public Interest Lawyers about a whiplash at a low-speed crash claim, please contact one of our expert advisers today.

Time Limits For Whiplash Damages Claims

There are time limits associated with whiplash personal injury claims that must be respected for cases to be valid, so it is always advisable to seek legal advice without delay if you would like to seek whiplash compensation.

  • The time limit is three years from the date you sustained whiplash in a car accident.
  • Three years from the time you first became aware of the injury you sustained
  • If you were injured when you were under 18, you have up until you turn 21 years of age to pursue a personal injury claim.

In short, you must make a personal injury claim within the timeframe for a case to be valid. It is worth noting that a court could extend the time limit in some instances, but this would depend on the circumstances of the whiplash claim.

For more advice on time limits for making a whiplash claim, please contact Public Interest Lawyers today.

No Win No Fee Claims For Whiplash Following A Rear-End Collision

To find out whether you have an excellent whiplash related personal injury claim, please speak to one of our advisers. We offer a free consultation which allows us to assess your case with no obligation to continue with your claim if you wish not to. Once a lawyer from our panel has assessed your case and found it valid with a strong chance of being successful, you would be offered a No Win No Fee agreement.

A No Win No Fee Agreement allows you to pursue a whiplash claim without having to pay the solicitor to commence their investigations. You would not have to pay ongoing fees either. The only time you pay for the legal services a No Win No Fee lawyer provides is if your case is successful. The amount owed to the solicitor is known as a ‘success fee’, and is capped by law. The success fee is deducted from your compensation with the rest of the balance being paid to you.

Should your whiplash personal injury claim not be successful, you would not have to pay the solicitor a ‘success fee’ because of the agreement they signed with you.

For more information on how Public Interest Lawyers could help you pursue a whiplash injury claim, please get in touch with one of our expert advisers today.

How To Start A Claim

To begin a whiplash claim with the assistance of Public Interest Lawyers, please get in touch today. You can reach one of our expert advisers in the following ways:

Claims References

For more information on the time limits associated with personal injury claims, please follow the link provided below:

Personal injury time limits

To find out more about the symptoms associated with a whiplash injury, please follow the link provided below:

NHS Neck Injuries Guide

The link below takes you to our guide to public highway claims and what this entails:

More information on Public Highway Claims

 

Guide by OO

Edited by LA