Last updated on May 10th, 2022
In this guide to claiming compensation for whiplash and back injury, we’ll look at some common scenarios that lead to whiplash and back injury claims, what you could claim compensation for, and how much compensation you might be paid.
Whether you’ve suffered whiplash and back injury from a trip and fall, a road traffic accident, or some other reason, you are well within your rights to seek damages if somebody else caused the accident to happen. We specialise in personal injury claims. When you contact us for a free consultation, a specialist advisor will review your claim with you for free. During your call, they’ll offer legal advice on your options and could refer you to one of our No Win, No Fee personal injury solicitors.
Please continue reading if you would like to learn more about claiming compensation for whiplash and back injury. Alternatively, please feel free to contact us on 0800 6524 881 if you’d like to start the ball rolling and take action today.
Table of contents
- Am I Eligible To Claim Compensation For Whiplash And Back Injury?
- How To Prove Liability For A Whiplash And Back Injury Claim
- Common Causes Of Whiplash And Back Pain
- How Much Compensation For Whiplash And Back Injury?
- Compensation Claims Time Limits
- Why Use A Personal Injury Solicitor For Whiplash And Back Injury Compensation Claims?
Personal injury solicitors always assess any whiplash and back injury claim that’s put before them to see if there’s a reasonable chance of success. To do this, they’ll check whether:
- The other party (defendant) owed you a duty of care; and
- As a result of their negligence, an accident occurred; and
- You suffered whiplash and a back injury as a result.
Importantly, they will also evaluate the value of the claim. Since May 2021, claims that are valued at less than £5,000 can be made independently through a new online portal. That means it wouldn’t be cost-effective for our solicitors to get involved with low-value claims. While this might be the case if you’ve only suffered whiplash, some cases involving other injuries might increase the value of your claim. Therefore, we’d advise you to get in touch with us for a no-obligation review. If we can take your whiplash and back injury claim on we will, otherwise, we’ll refer you to the online portal.
To win a whiplash and back injury compensation claim, evidence is needed to show how the incident occurred, who was responsible, and what injuries you suffered as a result. There’s no definitive list of what this should include but you could use:
- Photographs. Where possible, and where it’s safe to do so, you should take pictures of the scene of the accident before anything is removed.
- Camera footage. If the incident in which you were injured was caught on CCTV or dashcam, try to obtain a copy of the footage. This can be deleted quite quickly so try to take action as soon as possible.
- Medical records. Evidence to prove the extent of your whiplash and back injuries is important. Therefore, you should have your injuries assessed at A&E, a minor injuries unit, or by your GP.
- Witness details. You should ask any witnesses to your accident for their contact details. If liability for the accident is denied, your solicitor may ask them to explain what they saw.
- Accident reports. By law, businesses and other organisations must keep a record of any accidents on their premises. Therefore, you could use a copy of the report about your accident to prove where and when it occurred.
We are happy to review any evidence you’ve gathered and to explain whether you’ll need anything else to support your claim.
In this section, we’ve listed some common examples of when you might be entitled to compensation for whiplash and back pain. They include:
- Car accidents. If a car accident is caused by another drivers negligence and causes you to suffer whiplash and back pain, you could claim against their insurance policy.
- Slips and falls. Where you hurt your back during a slip and fall caused by a leak, spillage or cleaning. This might be possible if warning signs were not in place to warn you of the risks.
- Accidents at work. You might be eligible to seek damages if you injure your back after falling because your employer failed to provide suitable footwear. For example, if you’re injured in a factory with slippery floors, you might be eligible to claim if you weren’t provided with anti-slip shoes.
- If you’re the victim of a violent crime and you injure your back, you could be entitled to damages from the Criminal Injuries Compensation Authority (CICA). This is something we can also help with.
- Sporting Injuries. If you’re involved in a collision during a sporting activity such as while playing rugby, you could injure your neck or back. Liability for your injuries won’t be easy to prove in this scenario so please call to discuss whether you have a valid claim.
As you can see, there are several scenarios that could lead to whiplash and back injury compensation. Don’t worry if yours is not listed, our team could still help you to take action. Please call today if you’d like any further information.
If you decide to take action and seek compensation for whiplash and back injury, your settlement will usually be based on:
- General damages. This element of the claim focuses on the pain and suffering you’ve endured, and compensation for loss of amenity. In the next section, we’ve provided some example compensation amounts for this category.
- Special damages. If you have incurred expenses or lost money because of your injuries, this is where you’d claim them back. You could claim back any medical expenses, lost income, and travel costs amongst other things.
A medical assessment by an independent specialist might be required to help with determining the severity of your whiplash and back injury. Our personal injury solicitors are usually able to arrange appointments locally.
Although personal injury settlements generally vary, we’ve listed some average whiplash and back injury payouts below as a guide to demonstrate how much compensation might be awarded.
- Up to £12,510 compensation for whiplash and a minor back injury.
- £12,510 – £38,780 compensation for whiplash and a moderate back injury.
- £38,780 – £160,980 compensation for whiplash and a severe back injury.
Your solicitor would need to review all of the evidence and your medical report to provide a true representation of what settlement you could expect to receive.
When you decide to claim compensation for whiplash and back injury, you’ll need to ensure you begin within applicable time limits. You must claim:
- Within 3-years of the date of your accident, or from when your injuries were diagnosed.
- Before your child turns 18-years old if you’re going to claim on their behalf as a litigation friend.
It’s advisable to start the claims process as soon as possible. That’s especially true if you’ve not yet recovered from your whiplash and back injuries. In that scenario, and where liability has already been agreed upon, your solicitor could ask the defendant for an interim payment to help cover private medical treatment to help you recover sooner.
Whiplash and back injury claims usually end up with the defendant’s insurers. Before they’ll offer any compensation, you’ll need to demonstrate why their client was a) to blame for the accident and b) caused your injuries. If you can’t, you may not be compensated at all.
We believe our personal injury solicitors can improve your chances of receiving the maximum level of compensation. If your case is taken on, they’ll deal with the defendant’s insurance company for you. That means you won’t be forced to answer any technical medical or legal questions.
You’ll be kept up to date throughout the claims process and, if an offer is tabled by the defendant, it will be discussed with you before it’s accepted. If the amount is thought to be too low, your solicitor will attempt to negotiate a better settlement amount on your behalf.
If you are ready to take action today, please call us on 0800 6524 881 for free advice about your options. If your claim appears to be suitable, we’ll ask one of our specialist solicitors to discuss it with you right away, and give you a better idea of how much compensation for whiplash and back injury you could claim.