In this guide, we will discuss the concept of an average payout for a whiplash claim after being involved in a road traffic accident.
All road users have a duty of care to one another whilst using the road. In order to be eligible for a whiplash claim following a road traffic accident, you must have proof that the duty of care owed to you had been breached by another road user.
If you’d like to learn more about the claims process or have more questions, you can use the following information to discuss this further with our team of advisors. In just one call, you could get an understanding of how much compensation you may be entitled to following a successful claim
Contact us by:
- Calling us on 0800 073 8801
- Fill out your details in the contact us section of our website
- Talk with a member of our team of advisors by using the feature in the corner of our website
Pick A Topic
- What Is The Average Payout For A Whiplash Claim?
- Criteria To Claim For Whiplash Injuries
- What Evidence Do You Need For A Whiplash Claim?
- How Long Do You Have To Make A Personal Injury Claim?
- Make A No Win No Fee Road Accident Claim Today
- Average Payout For A Whiplash Claim Further Resources
What Is The Average Payout For A Whiplash Claim?
After making a successful road traffic accident claim, you could be entitled to receive two separate heads of claim. Working out the average payout for a whiplash claim would not really be very beneficial as each and every claim is unique to the claimant. So rather than looking at the average payout, we look at what can affect the overall settlement.
General damages aim to compensate successful claimants with compensation for all of the suffering and pain that they’ve experienced as a direct result of their injuries.
The first two entries in the table have been taken from The Whiplash Injury Regulations 2021. We explain more about this at the end of the section. The bracketed figures below have been taken from the Judicial College Guidelines. Which is used by solicitors to help assign a value to personal injury claims. Note though that these figures cannot be guaranteed. This is because general damages compensation needs to be judged on a case-by-case basis because of the many variables that have to be considered.
| Injury | Compensation | Notes |
|---|---|---|
| Whiplash | £4,345 | More than 18 months but not more than 24 months whiplash injuries and minor psychological injuries |
| Whiplash | £3,100 | More than 15 months, but not more than 18 months whiplash injuries and minor psychological injuries |
| Moderate Neck Injury (i) | £24,990 to £38,490 | Dislocations or fractures that could necessitate spinal fusion. |
| Moderate Neck Injury (ii) | £13,740 to £24,990 | Soft tissue injuries that accelerated and/or exacerbated a pre-existing condition over a prolonged period by five years. |
| Moderate Neck Injury (iii) | £7,890 to £13,740 | Future vulnerability in soft tissue injuries where the period of recovery has been protracted. |
How Accurate Are Calculators?
If you’re struggling to get an accurate estimate of how much your whiplash claim could be worth, then the most accurate estimate that you can receive will be from our team of experienced advisors. You can use the contact information above to discuss the value of your claim further with them, and ask any other questions you may have.
Further Payouts You Could Be Eligible To Claim
The other head of claim that you could be eligible to claim for is special damages. This second head of claim aims to reimburse claimants with payments for any financial losses that they may have experienced as a result of their injuries. This can include:
- Cost of care
- Loss of earnings
- Price of medication
- Cost of renovations in aid of recovery
Do The Whiplash Reforms Affect My Claim?
If making a claim for whiplash or soft tissue injuries that happened in a vehicle accident, i.e. you were the driver or passenger, the way you make your personal injury claim has changed. As per The Whiplash Injury Regulations 2021 and the Whiplash Reform Programme, if you are aged 18 or over, a driver or passenger in a vehicle, and your injury total is £5000 or less, you will need to make your claim through a government portal. Also, whiplash injuries are now valued within line of the tariffs set out in the legislation mentioned.
If your injury total is more than £5000, you will make your claim in the traditional way, although any whiplash injuries will still fall within the tariffs stated in the legislation.
To find out which avenue you need to make your whiplash claim through, please call our advisors today. Through a free no, obligation chat, you can receive free legal advice.
Criteria To Claim For Whiplash Injuries
The Road Traffic Act 1988 places a duty of care on all road users to navigate the roads in a safe way to prevent injury and damage. The Highway Code publishes rules and guidance for all road users to follow.
To be eligible to make a whiplash injury claim following a road traffic accident, you need to be able to prove that:
- You were owed a duty of care,
- This duty of care had been/was breached,
- This breach caused you to be injured,
Without proving that you can satisfy all of the above points, you won’t be able to make a successful whiplash claim. To learn more about the eligibility of your potential claim, you can use the above contact information to contact our team of advisors to learn more.
Otherwise, you can use our solicitors to help you make a successful road traffic accident claim.
What Evidence Do You Need For A Whiplash Claim?
In order to make a successful personal injury claim, you’ll have to provide evidence to prove negligence. Potential types of evidence that you could provide to support your claim include:
- Photographs of your injury, the cause of the accident, or the immediate scene of the accident
- CCTV footage of the accident occurring
- Keeping a journal detailing your treatment and symptoms.
- Getting medical care and asking for copies of the records.
- Taking contact details of potential witnesses for them to be called upon later in your claim.
If you’re facing issues in gathering evidence to reinforce your personal injury claim, then providing you have a valid claim, why not use road traffic accident solicitors? Call our advisors today. Should they determine that you have a valid personal injury claim, they can offer to connect you with our specialist solicitors.
How Long Do You Have To Make A Personal Injury Claim?
When making a whiplash claim, it’s important that you’re mindful of the time limits that you’ll have to follow. This is set out in The Limitation Act 1980 which states that you’ll have three years to begin a claim from the date of your injuries.
There are exceptions to this rule, though. If a person lacks the necessary mental capacity to make a personal injury claim or is under eighteen at the time of their injury, then the courts can select a family member or close friend to be a litigation friend to make a claim on behalf of this person.
In the case that this person turns eighteen, or gains the mental capacity necessary to make a personal injury claim for themselves, then they will have three years from this date to begin their claim if no claim has been previously made.
Make A No Win No Fee Road Accident Claim Today
Providing you have a valid claim, you can choose to receive legal representation from our solicitors under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA) This type of agreement is detailed in the Conditional Fee Agreements Order 2013, and comes with a variety of financial benefits, which we’ll go over below.
Firstly, when working with a solicitor under the terms of a CFA, you won’t have to make any upfront or ongoing payments for your solicitor’s service. In the case that you’re unsuccessful in your claim, you won’t be expected to pay for the solicitor’s service.
However, in the case that you’re successful in your personal injury claim, you’ll be expected to pay a success fee for your representation. This is a legally capped amount that comes out of your compensation before it reaches you.
Get In Touch With An Expert
Rather than looking for the average payout for a whiplash claim, our advisors can provide you with a personalised estimate for your potential claim, you can use the contact information below to discuss this further.
In just one call, you can get an understanding of how much compensation you could be due following a successful personal injury claim.
Contact us by:
- Calling us on 0800 073 8801
- Fill out your details in the contact us section of our website
- Talk with a member of our team of advisors by using the feature in the corner of our website
Average Payout For A Whiplash Claim Further Resources
The average payout for a whiplash claim might not tell you the information you need, so for further reading, you can read more of our guides here.
- Compensation Whiplash Calculator – Claims Guide
- Can I claim compensation if involved in a car accident with an uninsured driver?
- Brain damage payout after a road traffic accident
Alternatively, you can find out more by following the below links: