In the UK, whiplash is one of the most common types of injury sustained in a road traffic accident. It is worth noting however that whiplash can occur in any incident where the head is suddenly thrown forward such as sporting accidents, accidents at work, or assaults, to name but a few. Whatever the reason, if you have suffered whiplash injuries through no fault of your own, you may be eligible to make a whiplash claim for compensation.
Later on in this whiplash claims guide, we’ll explain how a personal injury solicitor could help you claim compensation, why you might be entitled to compensation, and how much might be awarded.
We have a team of solicitors with over 30 years of experience handling injury claims on behalf of clients. Their role is to try and achieve the maximum amount of whiplash compensation that’s possible in each case. If your case is accepted, you’ll benefit from that experience and you’ll probably find that your stress levels are reduced because your solicitor will work on a No Win No Fee basis.
After you have completed our whiplash claims guide, why not call us to learn if we could help you make a claim on 0800 6524 881.
Are You Eligible To Make A Whiplash Claim?
It doesn’t really matter what type of accident caused you to sustain whiplash injuries if you want to make a compensation claim. If you believe your injuries were caused by somebody else’s negligence you will need to show that:
- The defendant owed you a duty of care; and
- They caused an accident to happen because they were negligent in some way; and
- As a result, you sustained whiplash.
We should point out that under the government’s Whiplash Reform Programme, we may not be able to help with whiplash claims for less than £5,000, and you’ll need to claim through a new online portal. However, that only applies to road traffic accident claims and you may wish to speak to us prior to claiming as it’s quite difficult to put a value on your injuries yourself.
In the next section, we’ll list some of the incidents that could lead to whiplash injuries. Regardless of the scenario, though, there are many steps you could take following an accident that could help you if you decide to claim. They include:
- Getting the details of anybody who witnessed the accident.
- Taking pictures of the accident scene on your phone (ideally, this will be done before anything is removed).
- Having your whiplash injuries assessed and treated at a minor injuries unit, A&E, or your GP surgery.
- Reporting the accident to the police where possible (such as an RTA or assault) so that it’s officially recorded.
- Requesting copies of dash cam footage or CCTV footage if the accident was recorded.
If you carry out the steps above, you could find the whiplash claims process much easier as you’ll have evidence available should the defendant decide to deny liability for your injuries. For a free review of the evidence you’ve gathered already, why not call our specialist advisors today?
What Types Of Accidents Could Lead To Whiplash Claims?
As we mentioned above, you can’t claim compensation for whiplash simply because you were involved in an accident. You must demonstrate that somebody who owed you a duty of care was negligent and caused the incident to occur. Duty of care is established by different pieces of legislation like the Road Traffic Act 1988 or the Health and Safety at Work Act 1974. You needn’t worry too much about this though as your solicitor will know which law is relevant to your case.
Some of the most common whiplash symptoms listed in this NHS guide include:
- Neck pain, stiffness, and finding it difficult to move your head.
- Muscle spasms and pain in the shoulder and arms.
The more serious symptoms include:
- Severe pain even after taking painkillers.
- Weakness in the arms or legs.
- Problems sitting up or walking.
- Pins and needles in either side of the body.
- Electric shock type pain in the neck and back.
Whatever your symptoms, we’d advise having your whiplash injury checked by a medical professional.
Again, whiplash isn’t just related to car crashes, you could also claim for pedestrian accidents, cycling accidents, criminal assault, sporting accidents, or any other incident caused by somebody else’s negligence. Please call today to learn more.
How Much Compensation For Whiplash?
It would be really nice if you could tell the defendant how much compensation for whiplash you’d like to receive and they paid it. However, any personal injury claim has to be fully justified and backed up by evidence. It’s important to get this process right, though, as once a claim is settled, you are not allowed to claim for the same incident again. If your case is taken on by one of our solicitors, they could include any of the following in your claim:
- Your injuries (physical and psychological).
- Costs associated with repairing or replacing personal property that was damaged in the accident.
- Any expenses, costs, or monetary losses caused by the accident such as prescription fees, care costs or lost earnings.
As you can see, it would be impossible to say with certainty what amount of compensation you could receive for whiplash within this guide. Therefore, why not call today for a free case review? If a solicitor decides to represent you, they’ll let you know the amount they’ll claim for once they have assessed everything fully.
Whiplash Claim Calculator
While we can’t tell you what your whiplash claim could be worth in total, we can give some idea of what amount is paid for certain injuries. That’s because solicitors and legal professionals have access to the Judicial College Guidelines. This is a list of different injuries along with an appropriate compensation range for general damages. By using the figures in our whiplash compensation calculator as guidance, you can get some idea of how much compensation you could be paid for certain injuries.
The amount paid in successful whiplash compensation claims is based on the severity of your injuries. Therefore, an independent medical assessment may be required. Don’t worry about this as it will be booked locally by your solicitor so you won’t need to travel too far.
Again, where the value of a road traffic accident claim is less than £5,000, it can’t be handled by personal injury solicitors. Instead, you’ll need to claim through an online portal. Bear in mind, though, that it’s not just your injuries that are included in your claim – other costs should also be considered. If you’re not sure how to proceed with your claim, it won’t hurt to call our advice centre and discuss your case with a specialist.
Time Limits For Whiplash Claims
For most personal injury claims involving whiplash (including delayed whiplash injury claims), you’ll have 3-years to begin legal action. Mostly, this will commence from the date the accident took place. An exception to this rule is where a child suffers whiplash.
As children aren’t legally allowed to represent themselves, a responsible adult can sign up as their litigation friend. Using this process, whiplash claims can be made at any point before the child turns 18-years old. The process is much the same but the litigation friend will need to represent the child in discussions with their solicitor. Also, they need to advise the child of how the case is progressing. Where claims are settled in favour of the child, a court will verify the payment is fair and place the compensation in a trust fund until the child is 18-years old.
We suggest that starting your whiplash claim as early as possible will make things a lot easier. Firstly, you’ll find it a lot easier to recall what happened and secondly, you’ll give your solicitor plenty of time to collect and collate the evidence needed to support your case.
We offer a no-obligation telephone consultation as well as free legal advice. Therefore, why not get in touch today to see if you can make a whiplash claim.
Starting A Whiplash Injury Claim
We hope that this whiplash claim guide has shown you when you may be eligible to claim compensation for a whiplash injury. We believe that your chances of receiving a fair amount of compensation increase when you have a personal injury solicitor working for you.
We’ll review your case for free and let you know if it’s something we can help with or whether you should claim through the government’s whiplash claims portal. If we decide to represent you, your solicitor will present the case to the defendant’s insurers or legal team on your behalf and deal with all communication for you.
We’re here when you’re ready to begin the claims process. To get in touch, you can call our advice line on 0800 6524 881. An advisor will talk you through the whiplash claims process, review your evidence, and connect you with one of our solicitors if your case has strong enough grounds.
Updated 20th September 2021.