As you may know already, whiplash is one of the most common injuries associated with car crashes. You may also know that you might be entitled to claim compensation if you sustain whiplash in an accident that was not your fault. However, you may not realise that you could also be paid damages to cover any anxiety caused by the accident as well. Therefore, this guide will explain how much 
compensation could be claimed for whiplash and anxiety following a car crash.
We can help if you need guidance on how to make your claim. One of our advisors will review your claim and provide free legal advice on your next steps. If a claim’s viable, we could connect you with a personal injury solicitor on our team. They’ll manage your whiplash and anxiety claim on a No Win No Fee basis if it’s taken on. As a result, you’ll only have to cover their legal fees if you receive a compensation payout.
Please get in touch on 0800 6524 881 if you’d like to start a claim for whiplash and anxiety right away. Otherwise, please read on to find out more about the claims process.
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Am I Eligible To Claim Compensation For Whiplash & Anxiety
Legally, all motorists should have a valid insurance policy in place before they drive a vehicle on public roads. This is part of their duty of care as laid out by the Road Traffic Act 1988. In the event of an accident, you could potentially claim compensation for whiplash and anxiety against the other driver’s policy if:
- The other driver was negligent; and
- An accident happened as a result; and
- Your diagnosis of whiplash and anxiety is directly linked to the accident.
Importantly, in 2021, the laws on whiplash compensation claims for drivers and passengers changed. There is now a process where claims valued at less than £5,000 can be dealt with by the claimant directly through an online portal.
It is not usually cost-effective for personal injury solicitors to help with these types of claims. Therefore, we’d suggest that you speak to our team first for a free assessment of your case to determine which route is the best way to claim compensation for whiplash.
Common Causes Of Whiplash & Anxiety
As set out in the previous section, it’s possible you could claim compensation for whiplash and anxiety if somebody else’s negligence caused your road traffic accident. The forms of negligence that can lead to whiplash and anxiety include:
- Speeding or careless driving.
- Road rage.
- Drink or drug driving.
- Failing to obey the Highway Code.
- Using a phone, radio or satnav while driving.
- Pulling out in front of another vehicle too soon.
- Being rear-ended on a roundabout.
Importantly, both drivers and car passengers could claim for whiplash and anxiety if they were caused by another driver’s negligence.
How Much Compensation For Whiplash And Anxiety
If you pursue personal injury compensation for whiplash and anxiety, a settlement could be based on both:
- General damages – to cover physical and emotional suffering.
- Special damages – to cover any associated costs.
After assessing your claim, your solicitor will explain what you could be compensated for but it could include damages to cover:
- Physical pain and suffering caused by your whiplash symptoms.
- Psychological harm including anxiety and distress.
- Loss of amenity (how your hobbies and usual activities are affected).
- Travel expenses including the cost of alternative travel arrangements if you can’t drive because of your injuries.
- Care costs if somebody else needs to support you.
- Medical expenses including private physiotherapy costs.
- Any loss of earnings (and future losses as well in some cases).
We believe you are more likely to receive a fair settlement amount if you work with a solicitor who specialises in personal injury claims. To see if one of ours could help you to claim compensation for whiplash and anxiety, please get in touch.
Whiplash And Anxiety Compensation Amounts
Although we can’t say exactly how much compensation you might receive, we’ve included whiplash compensation amounts (including minor psychological injuries) as currently stated in The Whiplash Injury Regulations 2021 below:
| Duration Of Injury | Compensation Amount |
|---|---|
| Not more than 3 months | £260 |
| More than 6 months, but not more than 9 months | £520 |
| More than 9 months, but not more than 12 months | £895 |
| More than 9 months, but not more than 12 months | £1,390 |
| More than 12 months, but not more than 15 months | £2,125 |
| More than 15 months, but not more than 18 months | £3,100 |
| More than 18 months, but not more than 24 months | £4,345 |
It’s important to prove the severity of your whiplash and anxiety injuries for a personal injury claim to help determine how much compensation should be awarded (if the claim is successful). Therefore, during the claims process, your solicitor will obtain your medical records from your GP but they’ll also arrange for an independent medical assessment.
During your meeting, a medical expert examines the injuries and will talk to you about how you’ve been affected. They’ll try to gauge how your physical and mental injuries have affected you and whether they’ll continue to do so in the future. This meeting is nothing to worry about and your solicitor will usually be able to book a local appointment.
Evidence To Support A Whiplash And Anxiety Claim
Motor insurers will generally deny liability for any accident and your injuries from the point you get in contact with them. Therefore, you’ll have to supply as much evidence as you can to convince them that you should be compensated. The types of evidence your solicitor will try to secure include:
- Medical reports. Detailed reports from doctors, including diagnoses, treatment plans, and prognoses for both whiplash and anxiety. This could include records from GPs, specialists, and any mental health professionals.
- Hospital records. Proof of any hospital visits, treatments received, and any admissions related to the injury.
- Physiotherapy records. If you have undergone physiotherapy for whiplash, these records can show the extent of physical treatment required for your injury.
- Psychological reports. Reports from psychologists or psychiatrists that document the anxiety caused by the RTA, including any therapy or counselling sessions attended.
- Police report. If the police were called to attend the car accident a copy of their report should be requested.
- Witness statements. Statements from witnesses who can corroborate the circumstances of the accident and the immediate aftermath.
- Photographs. Photos of the accident scene, vehicle damage, and any visible injuries you sustained.
- Camera footage. If the accident was caught on CCTV or dashcam ask for a copy of the recording.
- Diary. A diary or journal documenting your symptoms of whiplash, pain levels, and how the injuries have affected your daily life and mental health.
- Employment records. Evidence of time off work, lost earnings, and any impact on your ability to perform your job directly due to your injuries.
- Receipts. Receipts of any expenses incurred as a result of your whiplash and anxiety, such as travel costs for medical appointments, and costs for medications or therapies.
- Insurance correspondence. Any correspondence with insurance companies related to the road accident and your claims.
- Expert opinions. Independent expert opinions on the extent of your injuries and the likely impact on your future health and well-being.
If you’d like us to check any evidence you’ve already secured or need advice on how to obtain it, please call our advisors today.
Time Limits For Whiplash And Anxiety Compensation Claims
The usual time limit for making a personal injury claim, including whiplash and anxiety claims, is three years from the date of the accident. In some cases it might be from the date you became aware that your injuries were caused by the accident (known as the “date of knowledge”).
There are some circumstances where the time limit might not apply, such as if the person is under 18 at the time of the road traffic accident, or the individual concerned lacks the mental capacity to file a whiplash and anxiety claim. Therefore, we’d suggest contacting us as soon as possible if you’d like us to check exactly how long you have left to begin your claim.
Importantly, in some cases, your solicitor may be able to secure an interim payment to pay for private physiotherapy or psychiatry before the claim is finalised.
Starting The Whiplash And Anxiety Claims Process
Our advisors are ready to help if you’d like to begin a personal injury claim for whiplash and anxiety. Simply call them on 0800 6524 881 and they’ll review any questions you may have. They’ll assess your claim and explain your options for free.
If your claim is accepted, it will be handled by a specialist No Win No Fee solicitor. That means you will only have to pay for their work if compensation is awarded to you.
To learn more about how much compensation for whiplash and anxiety might be paid, please call us today or use our live chat service.