How Much Compensation For A Whiplash Injury?

Have you suffered from a whiplash injury in an accident that wasn’t your fault? If so, you may be eligible to issue a personal injury claim for your suffering. This guide will explain how it may be possible to claim whiplash injury compensation with the help of our panel.

Whiplash Injury Claims Key Takeaways

  • If someone else has caused a road traffic accident and you became injured, you could claim compensaiton.
  • The amount of compensation will depend on the severity of your injuries and can also include financial losses.
  • Some whiplash injuries are subject to fixed awards.
  • You generally have to start your claim within three years of the accident.
  • An experienced personal injury solicitor from our panel could help you claim on a No Win No Fee basis.

If you would like to discuss a potential claim for whiplash injury compensation with an advisor you can:

A car crash where one car has collided with the back of another.

Jump To A Section

What Is Whiplash And How Does It Happen?

Whiplash is a neck injury that is caused by a sudden, forceful movement of your head. Such movement causes your neck muscles stretch beyond their natural limits causing pain and stiffness for two to three months.

Whiplash injuries can occur as a result of many types of accidents.  Some examples include slips/trips, sports injuries and having a blow to the head. However, the most common cause of whiplash injuries is road traffic accidents.

An example of how you could be injured is that you could be safely driving along a dual carriageway when a driver negligently speeds out of a slip road. If this driver collides into the side of your vehicle with great force, this may result in you sustaining a whiplash injury.

If you have suffered from a whiplash injury, you can contact us today to see if you can claim.

How Much Compensation Can You Get For Whiplash Injuries In The UK?

If you have sustained a whiplash injury, you may be asking yourself, ‘How much compensation am I entitled to?’. This can vary as some are subject to fixed tariffs, and some are not fixed but calculated differently.

How Whiplash Claim Amounts Are Calculated

The amount of compensation you are awarded in a whiplash claim is calculated from various factors. These are split up into general and special damages.

General damages compensate you for your whiplash and other injuries resulting from your accident. This also includes any psychological harm you suffered from.

General damages can be valued and calculated by referring to the Judicial College Guidelines (JCG). This contains suggested compensation brackets for various injuries, including neck injuries and whiplash. Here is a table of examples from the JCG of how much compensation you may be awarded for whiplash and other injuries.

Please note that the bottom two entries are fixed tariff amounts and will be discussed in the coming section. Also, the first entry is not from the JCG.

Injuries Compensation
Multiple Serious Injuries and Significant Financial LossesUp to £1,000,000 plus
Severe Neck Injuries (i)In the region of £181,020
Severe (ii) Neck Injuries£80,240 to £159,770
Moderate (i) Neck Injuries£30,500 to £46,970
Moderate (iii) Neck Injuries£9,630 to £16,770
Moderate Brain Damage (iii)£52,550 to £110,720
Moderate Back Injuries (ii)£15,260 to £33,880
Severe Shoulder Injuries£23,430 to £58,610
Whiplash (18-24 months) with Psychological Impact £4,215
Whiplash (18-24 months)£4,345

Special damages compensate you for the financial losses you incurred after your accident. However, you can only claim special losses if you sustained injuries. You may be awarded special damages if you:

  • Lost income or wages
  • Lost special work benefits
  • Suffered from medical and travel costs
  • Suffered from special equipment costs

However, you must provide evidence of your special losses such as:

  • Work payment documents
  • Bank/credit statements
  • Receipts/bills

Various other out-of-pocket expenses could be claimed. Let’s now look at the circumstance under which you may receive a fixed tariff amount for your whiplash

We mentioned fixed tariffs might apply, so let’s look at these now.

A man with a neck injury with a medical professional.

The Impact Of The Whiplash Reform Programme On Compensation

It is important to note that there have been recent changes to whiplash claims in the Whiplash Reform Programme. If you are only claiming for a whiplash injury, you must meet this specific criteria:

  • You must have been injured as a driver or passenger
  • You must have been aged eighteen or over
  • Your injuries must be valued at £5,000 or less
  • The accident occurred in England or Wales

Your whiplash will then be valued in line with the Whiplash Injury Regulations 2021, which contain fixed tariffs. This is only if the above criteria apply.

Am I Eligible For Whiplash Compensation?

To be eligible to claim for whiplash injury compensation, the circumstances of your case must meet this specific criteria:

  • The third party must have owed you a duty of care
  • The third party must have breached this duty
  • This must have resulted in your whiplash injury

All road users owe a duty of care to each other. Vehicles must be used in a manner that prevents accidents or injuries. This includes following the rules and guidance set out in the Road Traffic Act 1988 and the Highway Code.

Examples of a breach of duty could include:

  • Failing to stop at traffic lights
  • Ignoring signs such as a ‘give-way’ or ‘no-turn’ sign
  • Speeding
  • Driving under the influence of drugs or alcohol
  • Changing lanes when it is unsafe to do so

There are many ways road traffic accidents could happen, and we offer potential clients a free case assessment. You have nothing to lose by contacting us to see if you are eligible to claim. You could then be connected to a solicitor from our panel.

Whiplash Caused By Rear-End Collisions: Who’s At Fault?

Under rule 126 of the Highway Code, all drivers should leave a safe amount of stopping distance. This is to prevent rear-end collisions if the driver in front suddenly breaks. Therefore, if you are claiming a whiplash injury from a rear-end collision, you likely have a strong case, as the vehicle behind may not have left sufficient space.

Understanding The Claims Process

If you want to issue a whiplash compensation claim, it is important to understand the claims process. Here are some of the steps involved:

What Evidence Is Needed For A Whiplash Claim?

When claiming for whiplash injury compensation, you must provide evidence that the third party was liable for your injuries. You can do this by collecting the following forms of evidence:

  • CCTV/dashcam footage of the accident
  • The third parties insurance details
  • Witness contact details
  • Police reports
  • Take photographs of your injuries and vehicle damage

If you are struggling to obtain evidence, our panel may be able to help you.

How Long Do You Have To Make A Claim?

If you have sustained a whiplash injury, then you must usually start the claim within three years of your accident in accordance with the Limitation Act 1980. However, there are some exceptions to these rules.

Those under the age of 18 cannot start their own claim, and they have to wait until they are 18 to do so, making the time limit longer than three years. A claim can be started before they are 18, if a litigation friend acts on behalf of the injured person.

Another potential extension of the time limit applies to those who lack capacity under the Mental Capacity Act 2005. When a person lacks capacity, they can not bring their own claim. The three year time limit starts the date they do recover their capacity. A litigation friend can also be used to bring a claim while they lack capacity.

A litigation friend is a responsibility adult who can handle the claim on behalf of a child or person lacking capacity.

Deciding Whether To Use A Solicitor

If you want to issue a claim for whiplash injury compensation, our panel of solicitors can support you with this. They are specialists in personal injury claims and can use their expertise to build your case and help you claim compensation.

With our panel, you will be able to sign a Conditional Fee Agreement (CFA), a type of No Win No Fee arrangement. This determines how you will cover the cost of our panel’s work on your case. There are many benefits to claiming using a CFA, such as:

  • You will pay no upfront solicitor fees nor ongoing solicitor fees.
  • If your claim is successful, a small and also legally capped percentage of your compensation will cover the cost of your solicitor’s fees.
  • If your claim is unsuccessful, you will not be required to pay for your solicitor’s fees.

How Long It Can Take To Settle

There is no specific time frame for how long personal injury claims take before a settlement is made, as each claim is different. However, here are a few factors that may determine how long your claim will take to settle:

  • Whether you are still being treated for your injuries
  • Whether the third party has admitted liability
  • Whether all of the evidence to support your claim has been gathered
  • The approach the parties take to settlement negotiations

Our panel of solicitors will attempt to conclude your case swiftly, whilst aiming for the right amount of compensation. If you would like any further information, you can:

A solicitor who is an expert in whiplash injury compensation meets with a client.

More information

Access the following links to learn more about personal injury claims:

References:

We appreciate you taking the time to read this guide on whiplash injury compensation.