By Jo Anderson. Last Updated 1st February 2024. If you’ve suffered a whiplash injury in an accident, you may want to make a personal injury claim for compensation. In this guide, we explain how we can help you do that, as well as take a look at the average payout for whiplash.
You could also have injured your back or shoulders too, which could all cause significant disruption to your life. It’s only fair that you’re compensated for that pain and discomfort.
Below, we explain the criteria for claiming a payout for whiplash. We also discuss the role of No Win No Fee agreements.
If you’d like to make a personal injury claim, or if you’d like more advice on the likes of the minimum payout for whiplash, then get in touch.
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- What Is The Average Payout For Whiplash?
- Could I Make A Claim For Whiplash?
- Evidence That Can Support Claims For Whiplash Payouts
- How Long Do I Have To Claim A Payout For Whiplash?
- No Win No Fee Claims For Whiplash Injuries
- Essential Links Relating To The Minimum Compensation Payout For Whiplash
You may be wondering, ‘What is the average payout for whiplash?’. Compensation in personal injury claims is awarded on a case-by-case basis, with the various factors of each specific case being taken into consideration.
However, all successful cases will result in a payout that includes general damages. This head of your claim compensates you for your injuries and the pain and suffering they have caused you.
Those in charge of valuing your claim for general damages may refer to the Judicial College Guidelines (JCG) to help them. This document provides compensation guidelines for various injuries, and we have included some of them in the table below.
Please note that the first, and last two entries have not been taken from the JCG.
|Multiple injuries that are serious and their financial losses
|A combination of serious injuries that cause severe consequences including financial losses such as travel and medical expenses.
|Up to £175,000+
|Neck Injuries – Severe (i)
|Incomplete paraplegia from an associated neck injury.
|In the region of £148,330
|Neck Injuries – Severe (ii)
|Serious fractures or damage to cervical spine discs.
|£65,740 to £130,930
|Neck Injuries – Severe (iii)
|Severe damage to soft tissues and ruptured tendons leading to chronic conditions.
|£45,470 to £55,990
|Neck Injuries – Moderate (i)
|Fractures or dislocations causing severe immediate symptoms that may require spinal fusion.
|£24,990 to £38,490
|Neck Injuries – Moderate (ii)
|Injuries that have been accelerated or exacerbated by a pre-existing condition.
|£13,740 to £24,990
|Neck Injuries – Moderate (iii)
|Moderate soft tissue injuries with a fairly protracted recovery period.
|£7,890 to £13,740
|Whiplash – One or more whiplash injuries
|Symptoms lasting 18-24 months.
|Whiplash – One or more whiplash injuries with one or more psychological injuries
|Symptoms lasting 18-24 months.
You could also receive special damages as part of your settlement. This head of claim compensates you for the financial costs of your injuries, which can include:
- Travel expenses – For example, taxi or train fares for travel to medical appointments.
- Care costs – If you have needed someone to come into your home to care for you.
- Loss of income – If you have been unable to work because of your injuries and lost income as a result.
- Medical expenses – For example, prescription costs.
You will have to provide evidence of these financial losses with documents such as payslips, invoices and bank statements.
Please contact an advisor to learn more about the compensation you could receive for a whiplash claim.
The Whiplash Reforms
Due to the introduction of the Whiplash Reform Programme, the way some claims are made for road traffic accidents has changed. If you are over the age of 18, and were injured as a driver or passenger of a vehicle in England or Wales, and your injuries are valued at £5,000 or less, your claim needs to be made via a different avenue.
The tariff in the Whiplash Injury Regulations 2021 will now be used to value your whiplash injuries. Any other injuries you may have suffered that are not covered by this tariff will be valued in the traditional way. Also, if additional injuries mean that the total value of all your injuries exceeds £5,000, you will claim via the traditional route.
Contact our advisors today if you have any questions about claiming for whiplash and the payout you could potentially receive.
Before we give further advice on the average whiplash settlement, we should first discuss when a person could claim for a whiplash injury.
To have a valid claim, you would have to prove that another road user breached a duty of care they had towards you, and you suffered a whiplash injury as a result.
Road users owe each other a duty of care not to use the roads in a manner that could cause harm to themselves or others. They must also follow the Road Traffic Act 1988, and refer to the rules and guidance contained within the Highway Code. A failure to do so could be a breach of their duty of care towards you, and this could lead to a whiplash injury. In this instance, you may have a valid personal injury claim.
To learn more about making a claim for a whiplash injury or to ask questions about the average whiplash payout, please contact an advisor.
To support a claim for a whiplash injury, you will need to provide evidence showing that another road user breached their duty of care towards you, and you suffered an injury as a result.
Useful evidence for supporting a whiplash claim could include:
- Medical evidence – This could include your medical records, confirming the injuries you’ve suffered and the treatment you have received for them and will need for them in the future.
- Video footage of the accident – this could include CCTV or dashcam footage.
- Photographs – this could be of the accident scene and any visible injuries you have suffered.
- A police report – if the police were called to the scene of the accident.
- Witness contact details – If you can take contact details from those who witnessed the accident, they could be approached for a statement at a later date.
- Documents showing financial costs and losses caused by your injuries – This could include payslips showing loss of income, if you’ve lost pay because you had to take time off work. Receipts from prescription medicines could also be helpful in securing compensation for medical expenses, for example.
If you would like assistance with gathering evidence to support your claim, an advisor could check if one of our solicitors could help you. In addition, they could answer questions about the average payout for whiplash, as well as the process of making a claim.
As well as wondering how much of a settlement for whiplash you could receive, you may also want to know how long you have to make a claim. Generally, you need to start a claim within 3 years of the injury being sustained. This is stated in the Limitation Act 1980.
There are two exceptions to this time limit:
- Those with a reduced mental capacity – If the injured party is incapable of making a claim, then their time limit is suspended. It would only start if and when they are deemed capable of making their own claim. Before then, a litigation friend must be appointed to make a claim on behalf of the injured party.
- Injured children – Anyone under the age of 18 cannot make their own claim. Their time limit is suspended until their 18th birthday, as this is when they can claim by themselves. Prior to the injured party reaching adulthood, a litigation friend must also be appointed if a claim is to be made on behalf of the injured child.
Get in touch if you have any questions about claim time limits. Our advisors are ready to offer you free advice and guidance on a 24/7 basis.
If you are eligible to make a claim for whiplash, one of our solicitors may be able to assist you with your case. They could help you gather sufficient evidence to support your claim, and explain anything you don’t understand during the process of your claim.
Furthermore, they may offer to work on your case under a Conditional Fee Agreement (CFA). With this No Win No Fee arrangement in place, you will not have to pay them any upfront or ongoing fees for their services. Should your case fail, you will not be expected to pay them for their work.
Should your claim be successful, they will take a legally capped success fee from your payout. This is usually a small percentage of the total settlement.
If you would like to know whether one of our No Win No Fee solicitors could help you, or for more information on how much you may be able to receive in a whiplash claim payout, you can contact our advisors.
Start Your Claim For Whiplash Injury Compensation
Hopefully, now, we’ve given you the information you’re looking for when it comes to claiming for a road traffic accident that has caused you to sustain a whiplash injury.
Our telephone helpline is open 24/7. There are various other ways to reach us too. However you choose to get in touch, we’ll aim to help you as quickly and as effectively as possible.
Or, you can choose to chat with one of our advisors using the Live Chat Feature on this page.
- Car Accident Claims – A lot of people could experience whiplash because of car accidents. If this has happened to you, this guide reveals everything you need to know.
- How Long Do Whiplash Symptoms Last? – This guide will talk you through what to expect from your whiplash injury, from what the symptoms are to how long they might last.
- Accidents In Public Places – If your whiplash injury happened due to an accident in a public place, this guide might be able to provide you with some useful assistance on whether you’re entitled to claim.
- Whiplash Guidance From The NHS – You may find more assistance with dealing with a whiplash injury here.
- Road Traffic Statistics – This shows details of injury statistics from incidents on UK roads for 2018.
- NICE Guidelines For Whiplash – Here, you’ll find information on guidelines for physicians for whiplash injuries.
- NHS- When To Visit An Urgent Treatment Centre– if you’ve been in an accident, this guide will help you work out if your injuries require a visit to a walk-in centre.
- How Much Can I Claim For Whiplash?
- How Do I Know If I Have A Valid Whiplash Claim?
- Road Traffic Accident Compensation Claims
Thank you for reading our guide on the average payout for whiplash.