Delayed Whiplash Injury Compensation Claims Guide – How To Make Your Claim – How Long Was The Delayed Pain?

delayed whiplash claims and delayed whiplash compensation

Delayed whiplash injury claim

By Fern Easton. Last Updated 4th March 2021. Welcome to our guide on delayed whiplash claims, where we’ll look at the process of claiming delayed whiplash compensation. Injuries on UK roads happen, and in fact, around 125,592 people received slight injuries from road accidents during 2019, according to published statistics. If you suffered from delayed whiplash after a car accident as the result of another driver’s negligence on the road, you could be entitled to file a delayed whiplash injury claim even if the symptoms were not immediately felt, but you suffer a delayed reaction to whiplash.

Making personal injury claims of this nature can be complex, which is why using the services of a personal injury solicitor could make complex legal action less challenging. At Accident Claims UK, we could help provide a solicitor to assist you when pursuing your claim for delayed whiplash compensation.

The guide below provides useful information if you are hoping to file a  claim for a delayed whiplash injury and covers what whiplash injuries are, how they happen and what you need to know about claiming for delayed whiplash compensation if you sustained the injury due to the actions of another driver.

If you would like more guidance relating to your specific case, we can be reached on 0800 073 8801.

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A Guide To Delayed Whiplash Injury Claims

Whiplash injuries can be painful, and while many of these injuries resolve completely within a fairly short period of time, symptoms may not immediately be apparent. If you suffered a delayed whiplash injury, it could still be just as painful as if you felt the effects right away. This type of injury may even have an impact on your finances if you need to take time off work to recover.

If a delayed whiplash injury was caused by a driver who acted negligently on the road, you could be entitled to compensation. Even if you believe may have been partly to blame, if another driver was also at fault, you might still be able to make a delayed whiplash personal injury claim against them. This guide provides information and guidance on how to file a delayed whiplash claim and provides information about the delayed effects of whiplash that you may not be aware of.

The guides also offers advice on compensation amounts and other damages you could claim, which would include your losses. It offers essential advice on how to find a personal injury solicitor willing to represent you on a No Win No Fee basis.

What Is Late Whiplash Syndrome?

Whiplash is an injury caused when involved in a car accident. However, it could also happen if you take part in sporting activities or you received trauma to your head/neck. In simple terms, an injury to the tendons and ligaments in the neck caused by the head making a sharp jerking movement could result in whiplash. Delayed whiplash could occur when symptoms are not immediately noticed, but after a period of time, the symptoms become apparent.

According to PubMed.gov, a late whiplash diagnosis could be made for cases where disabilities and symptoms are noted more than six months from when an initial accident occurred. According to their study, which took into account 300 cases of late whiplash, symptoms consist of the following:

  • Neck stiffness
  • Headaches
  • Depression
  • Anxiety

The study found that women were more likely to suffer from late whiplash, with those aged between 21-40 being most commonly affected.

[Source: https://pubmed.ncbi.nlm.nih.gov/6937181/]

Delayed Whiplash Injury Symptoms

Delayed whiplash symptoms from a car accident are the same as those suffered in any other sort of whiplash injury. The only real difference being that symptoms may not become apparent until a significant length of time has passed and could include the following:

  • Severe headaches
  • Pain in the jaw
  • Stiffness of the neck
  • Pain in the neck
  • Back pain – both upper or lower
  • Pain in the shoulders
  • Weakness in legs and/or arms
  • Numbness in legs and/or arms
  • Blurred vision
  • Dizziness
  • Tinnitus
  • Fatigue
  • Difficulty sleeping
  • Difficulty concentrating
  • Difficulties remembering things
  • Irritability

How Long After an Accident Could These Symptoms Present Themselves?

Every whiplash case is different, and the severity of symptoms could vary between sufferers. The same applies to delayed whiplash symptoms and when they first become apparent. Some people feel the immediate effects of trauma to the neck, while others only feel any symptoms anything from 6 to 12 hours after the initial injury occurs.

However, in some cases, the delayed effects of whiplash become apparent days or even months later, and any initial symptoms gradually get worse over time.

This should not affect your decision on whether or not you should pursue a whiplash claim. While the personal injury claims time limit is usually three years from the date of an accident. Should a doctor diagnose you as suffering from whiplash, the time limit would begin from the date of their diagnosis. If you are at all concerned about how much time you could have to make your claim, please call us, and one of our team of advisers would assist you.

What Could Delayed Whiplash Symptoms Be Caused By?

As mentioned earlier, road traffic accidents are a common cause of a whiplash injury. However, any accident that causes jerking movements to the head, which could stretch, strain, sprain and damage the tendons and ligaments found in the neck, could cause a whiplash injury. The delayed whiplash symptoms you could experience may include the following:

  • Falls, where the head jerks quickly/violently
  • Physical abuse
  • Horse riding
  • Theme park rides
  • Contact sports which could include karate, boxing, football
  • Blows to the head from something heavy

If you suspect you may be suffering from delayed whiplash pain or other symptoms,  you should seek medical attention as soon as you can so that a doctor can establish a diagnosis and prescribe the appropriate delayed whiplash treatment for you, which could include pain relief medication.

Medical Checks And Evidence

If you are suffering from a whiplash injury and the symptoms only became apparent some while later. You should consult your doctor, who would establish whether the symptoms you are experiencing are linked to the whiplash injury you sustained in an earlier accident.

Once the doctor has established that you are suffering from delayed whiplash symptoms and not from some other form of injury, they would provide you with a medical report. This report is essential as it provides the required evidence for filing a whiplash claim against a negligent third party.

The other evidence you would need to provide to support your claim would include the following:

  • Witness statements and their contact details
  • Photographs of the scene of an accident
  • Your own notes about what happened
  • Details of the car accident if you suffered whiplash in a road traffic accident
  • The other driver’s details which must include their insurance details

As part of any injury claim, you would be required to attend an appointment with an independent medical expert who would assess your injuries and provide a medical report detailing the extent of the damage, which would be used to value your claim.

Whiplash Injury Statistics

According to the reported road casualties in Great Britain report 2019, the number of serious injuries sustained on the roads in the United Kingdom stood at 25,975. Data involving whiplash injuries specifically is not as common as we might expect, leaving many people unsure of what to do for whiplash after a car accident, particularly if whiplash symptoms are delayed.

A study on 170 people who attended A&E following a road traffic accident found that after 4-6 weeks following the accident, two-thirds of patients had some neck disability in accordance with the Neck Disability Index. At the end of the study, it was found that 37.6% of participants reported a mild disability, 21.2% had a moderate disability, and 4.1% reported a severe disability. The patient’s rating of their condition in accordance with the NDI seemed to have no correlation with the speed of the impact or the vehicle struck, but researchers did notice a correlation between NDI scores, age and high pain score.

In this study, it was found that 54% of people visited their GP between their visit to A&E and the end of the study. Although the majority of patients visited their GP only once after the accident but before the end of the study, there were 22 patients who visited their doctor twice, 6 patients who saw their GP 3 times, and one patient who visited their doctor 5-6 times. The most common outcomes of these visits were prescriptions of painkillers, referral to physiotherapy and time taken off work. Loss of earnings, prescription costs and cost of treatment can all be claimed for in a claim for delayed whiplash compensation.

[Source: https://www.researchgate.net/publication/7333400_Whiplash_associated_disorder_Incidence_and_natural_history_over_the_first_month_of_patients_presenting_to_a_UK_emergency_department]

What Should I Do If I Am Injured In A Vehicle Accident?

If you were involved in any sort of accident that left you with a whiplash injury, there are specific steps you must take even if you are not thinking about filing a delayed whiplash injury claim. These are as follows:

  • Seek medical attention straight away. The medical report provided is essential if you change your mind and decide to file a delayed whiplash claim against a negligent third party.
  • Gather evidence which includes witness statements, their contact details
  • If another driver caused the accident, get all their details and their insurer’s details, take photos of where the accident occurred and the damage caused to the vehicles.
  • Retain all the receipts for expenses and other costs linked to the injury you sustained. These would be required as proof of expenditure when claiming special damages.
  • Proof of loss of earnings and future earnings

Delayed Whiplash Injury Claims Calculator

If you are wondering how much compensation you could receive for a delayed whiplash injury claim, you may have sought out a personal injury claims calculator that might have given you a rough estimate. The table below provides information on injury compensation based on the Judicial College Guidelines.

InjuryBracketNotes
Neck injury/ies - Moderate£23,460 to £36,120

Chronic injuries, fractures and dislocations could be included here. There could be a higher level of vulnerability for future trauma, or long term loss of function.
Neck injury/ies - Moderate£12,900 to £23,460

Wrenching injuries and disc lesions could be included here. Long periods of pain and suffering may deem your injury moderate enough to be included in this bracket
Neck injury/ies - Moderate£7,410 to £12,900

If your injury has aggravated another condition, or you’ve suffered a longer recovery period, or if your injuries could leave you vulnerable to future harm, this bracket could be appropriate for your claim.
Neck injury/ies - MinorUp to £7,410Payouts under this bracket would depend on how much the injury has affected your ability to work, whether there was back pain involved and how much pain you might have suffered. Usually claims within this bracket resolve between 1-2 years

Please do remember, however, that all claims are assessed on their own merit, and after you’ve had the medical assessment, you may find that your injuries fall into a different bracket than you originally thought. For more guidance on this, please do feel free to get in touch.

What Other Damages Could My Delayed Whiplash Injury Claim Include?

There are other damages not included in the table above, which lists guideline amounts for the actual injuries sustained. However, you could also be entitled to claim ‘special damages’ to reimburse any expenses and other costs incurred as a direct result of the injuries you sustained.

You could claim loss of earnings and future earnings as well as any care costs and other expenses you incurred, which can be directly linked to the whiplash injury you suffered, and this includes home and vehicle adaptations, travel and medical expenses which are not covered by the NHS.

Why Should I Make A Delayed Whiplash Claim And How Do I Do So?

There are a wide variety of reasons why you may wish to make a delayed whiplash claim. These could include:

  • Getting justice for yourself – when you are injured in a car accident that was not your fault, and someone else caused you to suffer injuries, you may feel a sense of injustice.
  • Easing the financial strain – if you incurred costs or lost income because of the accident, then claiming compensation could help to ease that financial burden
  • Making the roads safer – you may subscribe to the theory that making a claim would effectively mean that the driver that caused the accident would be more aware of their actions and, therefore, would drive with more care in the future.

Are There Circumstances Where I May Not Be Able To Claim Compensation?

Are you worried that you may not be able to make a whiplash claim if you experience delayed effects or because you could have run out of time? If you have only just been diagnosed with delayed whiplash, then the personal injury claims time limit of three years would begin from the date you were diagnosed. However, if you have left it more than 3 years from the accident or diagnosis date, then you may not be within the time limits for claiming and as such, your claim would be time-barred.

Other instances that might provide some degree of doubt as to whether you would be entitled to receive a compensation payout for a delayed reaction to whiplash could be if you were at fault for the accident that caused your injuries.

If you were totally at fault, then you would not be able to claim. However, if you were only partially at fault and it could be proved that another driver was partially to blame as well, you could claim split liability, or, if you were both insured by the same insurance company, a knock for knock claim could be made in some cases.

It may be worth calling our team for advice in any case, as we would be able to give you an answer on whether we feel you could be eligible to claim.

No Win No Fee Delayed Whiplash Injury Compensation Claims

Have you considered using the services of a No Win No Fee personal injury lawyer for your whiplash claim? If you’re not sure what this may entail, please read on.

A No Win No Fee solicitor would not require funds to be paid to them in advance of your claim. Instead, you’d sign an agreement that effectively promises to pay the lawyer a percentage of your compensation as a success fee if they manage to secure you a compensation payout for your injuries. This document is often referred to as a CFA or conditional fee agreement.

You might be wondering what happens if you had a valid delayed whiplash injury claim, but your solicitor was unable to get you a payout. Should this be the case, as detailed in the agreement you signed, your lawyer would not ask you for the payment. Some people believe this is one of the biggest benefits of claiming in this manner.

In some instances, your solicitor may advise you to take out an insurance policy to protect against unsuccessful claims, but this would be something that would be discussed with you before the agreement is signed.

Talk To Us For Delayed Whiplash Claims Advice

If you’re ready to make a claim, or if you’d like us to go over your case to see if you could be eligible for compensation, we’d be delighted to help you. We could offer you guidance and support regarding your claim and could provide one of our No Win No Fee solicitors to help take your claim forward.

You can reach us in a number of ways. If you dial 0800 073 8801, you could be connected to one of our trained advisers, who could listen to your claim and assess whether we feel you could be eligible to claim compensation. If we do not feel that your claim would bring you compensation, we will be sure to tell you.

If we do think we could help you further, we will offer you the services of one of our solicitors for your delayed whiplash injury claim. We won’t pressure you into using our service, as we understand this could be an important decision for you and you may wish to think it over.

There are other ways you could opt to contact us. If you like, you could use the live chat feature on the site, or you could choose to email office@accidentclaims.co.uk.

Essential Whiplash Links

How Much Can I Claim? – More information on whiplash claim payouts can be found here.

Car Accident Claims – You could find more general information on car accident claims here.

Whiplash At Work? – Did you suffer whiplash from a work accident? Then our guide could be of use.

Was The Driver That Caused Your Accident Uninsured? – See what the MIB are doing about this. You could make a claim with the help of a solicitor to the MIB if an uninsured driver caused your injuries.

Government Statistics On Road Accidents – Here, you will find the 2019 statistics for road accidents.

Consultation On Whiplash Claims – Here, you can find information on a consultation by the government about whiplash.

The NHS on Whiplash – Help and Advice from the NHS.

Thank you for reading our guide on delayed whiplash claims and delayed whiplash compensation.

Article by Jo?

Editor Honey