By Danielle Griffin. Last Updated 17th May 2023. Welcome to our delayed whiplash injury compensation claims guide. If you have whiplash symptoms that are delayed, or whiplash pain that comes and goes, this guide could be useful.
Below, we discuss whiplash claims in comprehensive detail. We explore compensation payouts, the claims process and how our No Win No Fee solicitors can help you.
To make a claim today, you can call us for free on 0800 073 8801.
Choose A Section
- A Guide To Delayed Whiplash Injury Claims
- What Is Late Whiplash Syndrome?
- Delayed Whiplash Symptoms
- Causes Of Delayed Whiplash Symptoms
- Medical Checks And Evidence
- Whiplash Injury Statistics
- What Should I Do If I Am Injured In A Vehicle Accident?
- Delayed Whiplash Injury Claims Calculator
- What Other Damages Could My Delayed Whiplash Injury Claim Include?
- Why Should I Make A Delayed Whiplash Claim And How Do I Do So?
- Delayed Whiplash After A Car Accident – Does This Impact My Claim Time Limit?
- No Win No Fee Delayed Whiplash Injury Compensation Claims
- Talk To Us For Delayed Whiplash Claims Advice
- Essential Whiplash Links Related To Delayed Whiplash Injury Compensation
Welcome to our delayed whiplash compensation claims guide.
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. Should your whiplash symptoms be delayed, this may even have an impact on your finances if you need to take time off work to recover.
If a delayed onset 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 filing a delayed whiplash claim and provides information about the delayed effects of whiplash that you may not be aware of.
The guide also offers advice on compensation amounts and other damages you could claim, which would include your losses. It offers essential advice on finding a personal injury solicitor willing to represent your delayed whiplash claims on a No Win No Fee basis.
What are delayed whiplash claims?
They are effectively the same as a regular whiplash claim, but with one exception. In this scenario, the symptoms don’t become obvious for a period of time. Or perhaps you only discover at a later date that you had whiplash. But as a result, you could then claim compensation for whiplash which came about on a delay.
If you suffered late whiplash syndrome, you may be wondering if you could make delayed whiplash compensation claims.
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.
How Long Could Whiplash Symptoms Be Delayed?
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
The study found that women were more likely to suffer from late whiplash, with those aged between 21-40 being most commonly affected.
Delayed whiplash symptoms could range in both type and severity. While you might assume that the symptoms of whiplash would be solely around the neck and shoulders, there could be many other symptoms other than whiplash neck pain a person could experience. These could include:
- Neck stiffness
- Pain in the upper and lower back
These are similar to the symptoms people could suffer after a whiplash injury that isn’t delayed.
How long could it take to feel delayed whiplash symptoms?
Delayed whiplash symptoms could vary in terms of the amount of time it takes for them to appear. While whiplash neck pain might present immediately after an accident in some cases, in others, it can take up to several hours.
If they determine that your symptoms of whiplash have been delayed, why not give us a call? We could assess if you could claim compensation from someone who caused the accident that injured you.
As we have mentioned, eligible claimants could make a neck injury claim for whiplash symptoms that are delayed from a road traffic accident. However, there are other accidents other than car accidents that could lead to a whiplash injury. For example, someone could suffer delayed pain after a fall at work or in a public place that could eventually turn out to be whiplash too.
Any incident which causes the head to jerk violently back and forth, or side to side, could potentially cause damage to the tendons and ligaments in the neck. If you suffer delayed pain after a fall, it could be wise to seek medical attention.
Other causes of delayed whiplash symptoms could include:
- A theme park ride – If you suffer delayed neck pain after a theme park incident, this could potentially be caused by whiplash.
- Horse riding
- Contact sports – These could include boxing and karate, for example. However, they could also include rugby and even football.
- A blow to the head – If something was to fall on your head, for example, this could cause issues with the tendons and ligaments in the neck.
Should you suffer delayed pain after a fall, theme park incident, violent assault or any other of the causes above, get in touch to determine whether you could make a claim.
If you’re looking to make delayed whiplash compensation claims, you may be wondering how to get the evidence you need.
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 suffer 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.
Evidencing A Claim If Your Whiplash Symptoms Are Delayed
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.
Here are some statistics related to delayed whiplash compensation claims/delayed whiplash claims.
The latest statistics related to road traffic accidents on the roads of Great Britain can be found on the government’s website. The figures, which cover the year ending June 2021, are provisional at the time of posting. It shows that 23,140 people suffered serious injury during this period. The number of people slightly injured was 95,320. You can see the full figures below.
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 following 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 following 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 most patients visited their GP only once after the accident but before the end of the study, 22 patients 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.
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 delayed whiplash compensation claims. These are as follows:
- Seek medical attention straight away. The medical report provided is essential if you change your mind and 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
Neck Injury Claim – Whiplash Reforms
When making a claim for a whiplash injury, it’s important to be aware of the whiplash reforms. In 2021, the Whiplash Reform Programme introduced changes to the way claims for low-value road traffic accidents are made. As such, adult passengers and drivers of vehicles who have sustained injuries worth £5,000 or less must make their claim via the Official Injury Claims portal.
In doing so, whiplash and soft tissue injuries will be valued in line with the Whiplash Injury Regulations 2021 which sets out a set tariff. However, it’s important to note that even if you don’t make your claim via this government portal, your whiplash and soft tissue injuries will still be valued in line with the tariff as they apply to all occupants inside a vehicle.
Any injuries not included in the tariff will be valued the traditional way.
To learn more about making a neck injury claim, get in touch on the number above.
If you wonder 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 delayed whiplash compensation based on the Judicial College Guidelines.
|Severe Neck Injury
|In the region of £148,330
|Associated incomplete paraplegia
|Severe Neck Injury
|£65,740 to £130,930
|Damage to discs in cervical spine
|Severe Neck Injury
|£45,470 to £55,990
|Ruptured tendons causing chronic conditions
|Moderate Neck Injury
|£24,990 to £38,490
|Fractures or dislocations
|Moderate Neck Injury
|£13,740 to £24,990
|Wrenching-type injuries or disc leisons
|Moderate Neck Injury
|£7,890 to £13,740
|Soft tissue injuries
|Minor Neck Injury
In accordance with the Whiplash reforms
|Duration of Injury – More than 9 months, but not more than 12 months Table B
|Minor Neck Injury
In accordance with the Whiplash reforms
|Duration of Injury – More than 12 months, but not more than 15 months – Table B
|Minor Neck Injury
In accordance with the Whiplash reforms
|Duration of Injury – More than 15 months, but not more than 18 months Table B
Please do remember, however, that all claims are assessed on their own merit. 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 the potential payouts for delayed whiplash claims, please do feel free to get in touch.
We have not included special damages in the above table, These are the damages you could claim for any out of pocket costs you’ve sustained due to the accident and your injuries. The amount you could claim would be based on the amount of the evidenced costs and losses. They could include:
- Loss of earnings – if you took time off work while recovering, you might have lost out on pay. If you have, you could include this loss within your claim,
- Medical expenses – if you incur medical expenses such as physiotherapy bills, prescription costs or other costs the NHS does not cover, you could claim for these too.
- Travel expenses – have you travelled to see your lawyer or visited a medical professional. If you have incurred costs while doing so, you could also claim for these.
- Care costs – if your injuries were so bad that you could not look after yourself, you could also include care costs in your claim.
You would need to present evidence of the costs and losses you’d incurred to claim for them. You could use bank statements, bills, payslips and receipts to do so.
There are a wide variety of reasons why you may wish to make delayed whiplash injury claims. 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 delayed whiplash claims 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.
In addition to proving negligence occurred, you must start your claim within the relevant time limit. This is typically three years from the date of your accident, even if your whiplash symptoms were delayed slightly.
There are certain exceptions to this time limit. This includes:
- Those who lack the mental capacity to start a claim themself. The time limit is suspended indefinitely. During this time, a court-appointed litigation friend could make a claim on their behalf. However, should they regain this mental capacity, they will have three years from the recovery date to start their claim if one has not already been made.
- Those under the age of 18. The time limit is paused until their 18th birthday. Prior to this, a litigation friend could make a claim on their behalf. If a claim has not already been made by their 18th birthday, they will have three years from that date to start one.
If you suffered delayed whiplash after a car accident, get in touch with one of our advisors. They can assess whether you are still within the limitation period and help you get a claim started.
Have you considered using the services of a No Win No Fee personal injury lawyer for your delayed whiplash compensation 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 before 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.
What Happens If My Claim For Delayed Neck Pain After A Fall Fails?
You might be wondering what happens if you had a valid delayed whiplash injury claim, but your solicitor could not 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 delayed whiplash claims. But this would be something that would be discussed with you before the agreement is signed.
Using a personal injury solicitor for delayed whiplash claims
It is important that you can prove what happened, who was to blame and that you were injured when making a compensation claim. For road traffic accidents, you’ll usually need to deal with an insurance company. The truth of the matter here is that their role is to limit how much money they pay out. Therefore, if you can’t present your case clearly, and you don’t supply adequate evidence, you might not be compensated or you may reduce a lower payment than you could be entitled to.
Making Your Claim Simpler
To make the claims process easier, we’d suggest that you let a personal injury solicitor represent you. In delayed onset whiplash injury claims, they will use their experience and skills to try and improve your chances of being compensated fairly. At the start of your claim, they’ll review your case with you, gather evidence and book a medical assessment (locally) for you.
Then, as the case progresses, they will deal with the defendant’s insurer for you and try to counter any objections they raise. Throughout the delayed onset whiplash injury claims process, you’ll receive updates as your case progresses. If liability is agreed upon, your solicitor will strive to ensure you are paid the highest level of compensation possible.
Interested in beginning a claim today? If so, why not call our advice centre now?
Delayed Onset Whiplash Injury Compensation FAQs
How long can whiplash be delayed?
Every whiplash case is different, and the severity of symptoms could vary between sufferers. The same applies to delayed onset whiplash injury 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. In some cases, the delayed effects of whiplash become apparent days or even months later, and any initial symptoms gradually worsen over time.
Is it worth claiming for a delayed onset whiplash injury?
As seen in the table earlier in our guide, you could be entitled to claim hundreds of thousands of pounds for your suffering, depending on the circumstances of your case. For a free consultation, please get in touch today.
Should I accept the first offer for a delayed onset whiplash injury?
If you choose to work with us, we’ll guide you through the claims process and offer you expert legal advice, including which settlement offer to accept.
How much compensation could I get for delayed onset whiplash injury?
There’s no way of saying how much compensation you could get without assessing the details of your case. This is because payouts can vary drastically between claims.
How are claims valued?
Typically, the extent of the claimant’s suffering dictates the amount of their payout.
How can Accident Claims help?
We can offer you a claims management service. This is registered in England and could handle your claim alongside our panel of personal injury lawyers. Therefore, you can rest assured that your case is in good hands. With over 30 years of experience, we can help win clients the compensation they deserve.
How can I contact Accident Claims?
Please take a look at our contact section below for information on how to get in touch today. You have access to justice, and so you can speak with us at any point.
How long should I be off work for whiplash?
How long you should be off work for whiplash depends on the severity of the injury and your job. For example, some people might not need to take any time off work after suffering delayed neck pain after a fall or another type of accident. However, others might need to take time off because their pain is too severe to work.
Those in manual jobs might need to take time off work if their work exacerbates their injury. If you think your injury might affect your work, it would be wise to seek medical advice.
How long could whiplash symptoms be delayed?
Whiplash symptoms could be delayed for more than 24 hours after you’ve suffered an injury. However, in some cases, people might begin to notice symptoms over the next few days after an injury. These could include stiffness and headaches.
Could I suffer delayed neck pain after a fall due to whiplash?
You could suffer delayed neck pain after a fall due to whiplash. It is not only car accidents that could cause a whiplash injury. If you feel delayed pain after a fall, it would be wise to seek medical attention.
How do I collect evidence if my whiplash symptoms are delayed?
You might be wondering how to collect evidence if your whiplash symptoms were delayed. If you suffer delayed pain after a fall, we recommend you seek medical attention. You should do this whether you think the pain was caused by the accident or not. That way, you have a record of having sought advice for the symptoms you’ve been suffering. This could be useful evidence for your claim. However, you would still need to go and see an independent medical expert. They could verify your injuries as part of the claims process. Plus, they would investigate whether the pain you suffered was caused by a whiplash injury.
In terms of the other evidence you could collect, this would depend on the accident. For example, if you suffered delayed pain after a fall in an accident at work, you could ensure that it is reported in the accident book. You could also ask for witnesses to give their details. Therefore, they could be approached for a statement at a later date.
Should you wish to talk to us about what evidence could be useful to your claim, why not call us? We would be happy to discuss your eligibility. Our advisors can tell you if you could claim for delayed symptoms after an accident that was not your fault. We could also show you how much compensation you could receive for your claim if you are eligible.
Are you ready to make delayed whiplash compensation claims? Or would you 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. Plus, we could provide one of our No Win No Fee solicitors. They could help take your claim forward.
You can reach us in several ways. If you dial 0800 073 8801, you could be connected to one of our trained advisers. They could listen to your claim and assess whether you could be eligible to claim compensation. If we do not feel that your claim would bring you compensation, we will tell you.
How we could help when whiplash symptoms are delayed
If we do think we could help you further, we will offer you the services of one of our solicitors. They could help with your delayed whiplash injury claim. We won’t pressure you into using our service. Our advisors understand this could be an important decision for you. We understand you may wish to think it over.
There are other ways you could opt to contact us about any road traffic accident claims. If you like, you could use the live chat feature on the site. Or you could choose to email firstname.lastname@example.org.
Essential Whiplash Links Related To Delayed Whiplash Injury Compensation And Delayed Pain After A Fall
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 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. Now you should know how to claim delayed whiplash injury compensation.