How To Know If You Have A Valid Whiplash Claim?

Valid whiplash claim

Valid whiplash claim

By Joanne Jeffries. Updated August 4th 2021. Welcome to our guide to give advice on whether you have a valid whiplash claim. If you or a loved one have been involved in an accident that has caused a whiplash related injury, then you might be searching for a solicitor who could handle a personal injury claim. If that is the case, this online guide could be extremely useful in your search for a solicitor. Within this online guide, it aims to discuss whiplash related claims in greater length, and in doing so, it shall discuss how our panel of solicitors could assist claimants throughout the claims process if they have a valid whiplash claim.

Whiplash can come in a range of severities from a minor whiplash injury to something a lot more severe. In the event of a whiplash related accident, not only could your physical health be seriously affected by a whiplash injury, but it has the potential to cause damage to your psychological well-being and hinder your potential earnings. If you pursue a claim for compensation and have a valid claim, a solicitor from our panel could take on your case and provide you with advice, support, and legal guidance.

Due to the wide variety of damages that could be inflicted by a whiplash injury, this online guide aims to break down the claims process in greater detail and answer some common questions that we receive.

Choose A Section

  1. A Guide To Valid Personal Injury Claims For Whiplash
  2. What Is A Valid Whiplash Claim?
  3. What Is Whiplash And What Are Its Symptoms?
  4. Crackdowns On Whiplash Claims
  5. Can People Still Make Valid Whiplash Claims?
  6. How Much Could I Claim If My Whiplash Claim Is Valid? – Updated July 2021
  7. Examples Of Damages In Valid Whiplash Claim Cases
  8. What Steps Should I Take In Order To Claim Compensation?
  9. No Win No Fee Whiplash Compensation Claims
  10. Why Choose Us To Handle Your Whiplash Claim?
  11. Talk To Accident Claims UK Today
  12. Essential Links

A Guide To Valid Personal Injury Claims For Whiplash

This online guide, it aims to break down and discuss the relevant information regarding whiplash claims. As an injury, whiplash has the potential to inflict a comprehensive mixture of injury severities that can range from minor to major, physical to psychological. In many cases, road traffic accident’s (RTA) are some of the most common accidents that cause a whiplash related injury. However, there a lot of additional factors that could contribute to a whiplash related injury, which this online guide will break down and discuss in greater length as well as determining if you have a valid whiplash claim.

According to the Reported Road Casualties document, there were 24,470 death or serious injuries reported to the police in 2019/20. Between the years 2016 to 2018, 49% of claims reported were in connection to whiplash injuries. Although RTA’s are some of the most common causes of whiplash, that is not to say there aren’t different accidents that could also cause a whiplash injury. For example, those who play high contact, high impact sports are extremely prone to whiplash. This is due to the sudden jolt of the body on impact, causing an unnatural movement in the neck or shoulders. Additional examples that could cause a whiplash injury might include:

Here at Accident Claims, we receive a lot of cases that are in relation to whiplash injury and as a result, we get asked a lot of questions. Many claimants are curious about the claims process, as many people want to know whether or not a whiplash claim can be refused, will they need evidence for a whiplash claim, and is there a personal injury claims time limit? This guide aims to answer all of these questions and provide you with factual, honest and relevant information. But if at any point you become unsure or simply have a question, please do not hesitate to contact a member of our team.

What Is A Valid Whiplash Claim?

If you have been involved in an accident and have experienced an injury or suffering due to negligent behaviour of a third party, then you might pursue a personal injury claim for compensation. However, it is worth highlighting that no two claims are entirely the same, as many factors need to be considered. If you have been injured due to a whiplash related accident, you might be wondering: ‘’Do I need to go to the doctors to claim for whiplash?’’ We cannot advise when it comes to medial treatment but if you plan on making a personal injury claim it is always key to have medical evidence. To ensure you have a valid personal injury claim, you as the claimant will be required to partake in a medical examination. This process is a crucial part of the evidence collection process, as the examination will highlight the severity of your injury, outline the injury’s prognosis, and highlight whether you will require future treatment. The medical professional performing the examination will also ask a series of questions regarding your injury, the negligent incident, and what affects the injury has had on your daily routine (which you should be prepared to describe).

In the event you have been involved in an accident that has inflicted a whiplash injury, there are many side effects you could encounter. Many people who experience a whiplash injury might experience injuries relating to:

  • Blurry or Effected Vision
  • Depression
  • Memory Loss
  • Disturbed Sleep / Sleep Deprivation
  • Tinnitus
  • Irritability

So if you have been affected by a whiplash injury and wish to make a valid whiplash claim, this online guide could be of use, as it aims to answer the main questions that we receive and provide factual, relevant and enlightening information.

What Is Whiplash And What Are Its Symptoms?

If you have been involved in an accident (such as an RTA) that has caused an injury, then you might have experienced whiplash. The effects of a whiplash related injury could take a toll on the body in a variety of ways, impacting physical health and psychological well-being. The intensity of a whiplash injury will directly influence the timeframe of the recovery process. Whiplash could have a minor, moderate or severe impact on the body, and the recovery process can differ. To acknowledge the severity of the injury, a GP could perform simple tasks. The GP will evaluate:

  • The Range of Motion In The Injured Area (Neck, Shoulder, or Back)
  • Degree of Motion
  • Tenderness
  • Reflexes, Strength, and Sensation

It is worth highlighting that there are simple measures that can be performed that will aid the recovery process. However, the NHS has identified that if you have experienced a whiplash injury, you should:

  • Avoid Using A Neck Brace
  • Do Not Rest Your Neck So Often, It Is Better To Remain Mobile
  • Take Paracetamol and Ibuprofen To Combat The Pain

Although the advice that has been provided could be useful, it is always best to visit your GP in the event of an accident. They can take a greater look at your injury and provide applicable treatment. If a GP believes your injury is extremely drastic, then they might refer you to a;

  • A Physiotherapist
  • A Pain Specialist
  • or Psychological Support

Crackdowns On Whiplash Claims

If you have been affected by a whiplash injury, then you might be wondering: ‘’How can you tell if someone is faking whiplash?’’, and ’’Can whiplash be proven?’’ In both occurrences, the answer to these questions is yes, a fake whiplash claim can be proven. There are multiple ways to ensure a claim for compensation is credible and valid.

There have been measures set in place to crack down the number of whiplash claims made in the UK. In 2013, the Jackson Reforms came into action, which in simple terms, challenged the claims process and its methods. At its core, the Jackson Reform wanted to ensure valid claims go ahead, but those who have exaggerated, misrepresented, or that fraudulent claims are robustly and fundamentally challenged.

Can People Still Make Valid Whiplash Claims?

People could still make a whiplash claim for compensation, but only on the grounds that they have a valid claim. Over the past several years, the government have begun cracking down on such claims, but that is not to say claims cannot be made. The regulations within the claims process have been refined, which means that are additional and provisional steps that need to be taken. It was outlined within a gov.uk press release that a new crackdown on whiplash claims could affect the compensation amount. Within the article, it stated that ‘’capping compensation would see the average pay-out cut from £1,850 to a maximum amount of £425. Compensation would only be paid out if a medical report was provided as proof of injury.’’ Within the report, it also stated that claims without medical evidence will be instantly banned, as all claims require a report from a MedCo accredited professional.

Update – The Whiplash Reforms Programme

At the end of May 2021, the programme to amend whiplash or minor soft tissue injury claims from road traffic accidents came into force. These reforms which could affect a valid whiplash claim are now within the Civil Liability Act 2018. They have been specifically designed to amend the way in which claimants and insurers handle claims for low-value personal injuries. The changes now mean that claimants would be able to settle claims through a government portal, and this could reduce the impact on motor insurance premiums that such claims have.

The major changes involved include:

  • The small claims track limit for such claims relating to road traffic accidents would raise from £1,000 to £5,000.
  • There would no longer be an opportunity to settle claims without any medical evidence.
  • There would be a set tariff in place for whiplash injuries for car or motor vehicle occupants.
  • Claims could be made using a portal created by the government for this specific purpose
  • Legal costs could no longer be settled by the at-fault party

If you believe that your injury could fall into the claims handled under the Whiplash Claims Reform Programme, please do not hesitate to get in touch with our expert team. While you may think your whiplash claim is a minor injury, you may in fact be able to claim for your injuries as a standard personal injury claim if they are more serious than you’ve realised initially. Either way, we would be happy to offer you the guidance and support you may need when making such claims.

If you choose to make a claim with a solicitor from our panel, you will be required to partake in a medical examination. However, we work with a panel of doctors who meet these guidelines and would be able to perform this crucial requirement.

How Much Could I Claim If My Whiplash Claim Is Valid? – Updated July 2021

If you have been affected by whiplash, then you might be wondering what is the average payout for a whiplash injury? To decipher the average pay-out of a whiplash claim, there are a variety of factors that need to be considered.

In order to receive a settlement that successfully reflects the damages that have been inflicted, the severity of the injury, the accidents cause, plus numerous factors will be taken into consideration. In this process, the evidence that has been collected, such as medical reports, will be used to quantify the settlement’s amount. There are no actual average amounts that a victim of whiplash could claim, however we have provided a table that solicitors use when calculating special damages. Those are the damages that are awarded for pain and suffering and they come from the JC Guidelines. As no two claims are ever the same due to the fact that each and every client has different special damages calculating an average payment would be nigh on impossible. The table has been supplied to simply provide a rough approximation of the awarded settlement that could be granted.

InjurySettlement
Neck Injury (Minor, expected to make a full recovery within one or two years)£4,080 to £7,410
Neck Injury (Minor, recovering in three months to a year) £2,300 to £4,080
Neck Injury (Moderate, assoicated with fractures and dislocations that have an affect on the spinal fusion)£23,460 to £36,120
Neck Injury (Moderate, associated with soft tissue or wrenching-type-injury and disc lesion of the more severe type)£12,900 to £23,460
Neck Injury (Severe, associated with paraplegia or resulting in quadriplegics)In the region of £139,210
Neck Injury (Severe, resulting in fracture or damages to discs in the cervical spine.)£61,710 to £122,860
Shoulder Injury (Minor that healed in less than 2 years)£4,080 to £7,410
Shoulder Injury (Minor that healed within 3 months) Up to £2,300
Back Injury (Minor) Where a full recovery or a recovery to nuisance level takes place without surgery within about two to five years. £7,410 to £11,730

Alternatively, you could click here to use a personal injury claims calculator. However, it must be stated that the calculator will provide only figures for general damages you have suffered.

Examples Of Damages In Valid Whiplash Claim Cases

If you pursue a claim for compensation, then there are various factors that will be taken into consideration when it comes to the amount of compensation you could receive. Not only could you make a claim for the injuries you have experienced, but you a good law firm will tell you that you may also have grounds to make a claim for the damage of personal property, financial loss, and travel expenses.

General Damages

General damages are the term used to describe the compensation that has been awarded to those involved in an accident. The compensation covers loss of amenity, pain, and the suffering you have experienced due to the injury.

Lost Income

A personal injury that results in serious repercussion on your health could hinder your potential earnings. In some scenarios, the recovery process could be extremely intense and timely, meaning your potential earnings have been seriously affected. If that is the case, then this will be taken into consideration when presenting your claim.

Travel Expenses

During the recovery process, you will undoubtedly visit a medical professional for guidance and treatment. If you incur costs for travelling to and from medical appointments, you could make a claim to cover the cost. You may also make a travel expenses claim if your injury has restricted you from being able to drive.

Medical Costs

You could also claim compensation for any medical expenses that you have encountered due to an injury. Although you will most likely receive free treatment through the NHS, you could still make a claim of this nature for expenses relating to prescriptions for medicine or additional treatments such as acupuncture.

Care Costs

In the event your injury has inflicted life-altering repercussions to your health, then you might require a professional carer to provide assistance. If that is the case, then you could have grounds to make a claim for compensation to cover the funding of a professional carer.

Damaged Personal Property

If a personal item became damaged due to an accident, then you could have grounds to claim compensation, which in return could cover the cost to replace the item. This could include items such as clothes, vehicles, mobile devices, or jewellery.

Special Damages

All of the issues above connected with financial loss that have been previously listed are known as ‘’special damages.’’ In simple terms, a special damage claim is designed to ensure the claimant walks away from the claims process financially reassured. A claimant should not walk away from the claims process financially worse off. In order to make a claim of this nature, it is always recommended that you document relevant information, such as bank statements and receipts. This will make the claims process significantly easier, as there is direct evidence linking your accident to special damages.

If you are unsure about any of the points that have been raised, please do not hesitate to contact a member of our team. They can discuss all of this information in greater detail and answer any questions that you might have.

What Steps Should I Take In Order To Claim Compensation?

If you have been injured due to a road-related accident, then there are steps you could consider. Like always, you should visit a GP if you have been involved in an accident that has resulted in an injury. Citizen’s Advice has provided some steps you should consider taking in the event of an accident. These include;

  • Seek Medical Attention and get a medical assessment even if you only have minor injuries.
  • Collect Witness Details Of Those Whom Witnessed The Incident so they could be approached for a witness statement
  • Do Not Admit Fault (As This Could Be Held Against You)
  • Inform Your Insurer Of The Incident As Soon As Possible
  • Take Photographic Evidence Of The Incident (This could be used later to strengthen your claim)

In addition to the steps that have been listed above, there are personal injury claims time limits that could potentially affect your right to claim if you’ve suffered a whiplash injury. When making a claim for compensation, it is worth bearing in mind that all potential claims could directly be affected by time limits, so this is something that needs to be deeply considered when you have a neck injury. In most cases, a personal injury claim has a time limit of 3 years. This time limit comes into action from the moment of the negligent event, which means you then have 3 years to begin your claim. Or alternatively, the claims time limit could come into action from the moment your whiplash injury has been officially diagnosed by a medical practitioner.

No Win No Fee Whiplash Compensation Claims

If you have been affected by third party negligence that has resulted in a whiplash related injury, then you might be searching for a personal injury solicitor who could handle your claim on a no win no fee basis. If that is the case, and you are entitled to claim then Accident Claims could connect you with a solicitor who could offer you a no win no fee agreement as well as fighting for the maximum compensation possible for your case.

In simple terms, an arrangement of this nature is a mutual agreement between the solicitor and the claimant. The contract outlines the payment aspect of the claims process. If a solicitor offers you a no win no fee agreement that has a successful outcome, then you as the claimant will be required to pay a success fee for the services that have been provided. By law, this fee is capped at 25% and will be subsidised from the final settlement. In the event a solicitor takes on a valid claim but is unsuccessful at attaining an awarded settlement, then the no win no fee agreement could reduce the threat to claimants’ finances as there will be no need to pay the solicitor for their time and service.

If you wish to learn more  regarding no win no fee agreements, please do not hesitate to contact a member of our team.

Why Choose Us To Handle Your Whiplash Claim?

It is understandable to be confused and intimidated by the claims process, as there is a lot of information that needs to be considered. But if you have been injured due to the negligence of another, this should not stop you from pursuing the compensation that you could be entitled to. There are many firms that could potentially handle your claim for compensation, but here at Accident Claims, we could connect you with a solicitor who is best suited to handle your type of claim. We work with an accomplished panel of solicitors who could handle your claim for compensation and provide you with support, and guidance throughout the legal process.

Talk To Accident Claims UK Today

If you have been involved in an accident that was caused by negligence, it can be an intimidating and surprising experience. Not only could your physical health be seriously affected, but your psychological well-being and finances may also be impacted. If at any point during this article you have become confused or believe you might have grounds to make a claim, then please do not hesitate to contact a member of our team. Our friendly advisors can extrapolate on the claims process in greater detail and answer any questions that you might have.

So if you wish to make a claim for compensation, there are several ways you can contact our team. If you wish to speak with an advisor, the number to call is 0800 073 8801. Our friendly and expert advisors can offer free legal advice of no obligation, meaning they can discuss your claim in greater length and answer any questions that you might have. The phone lines are free to call, and our advisors are available 24 hours a day, 7 days a week. Alternatively, you could submit an online form, and a member of our team will review your submission and contact you as soon as possible.

Essential Links

We sincerely hope that this online guide has been useful in describing the claims process for a whiplash related injury. If at any point during this guide you have felt confused or had a question, please do not hesitate to contact a member of our team. In addition to this online guide, we have provided some extra materials that we believe could be of use. You can find the links to the relevant pages located down below.

Car Accident Claims- Please Click Here
Whiplash Claims Calculator – Please Click Here
Slip and Fall Incident caused by Snow or Ice- Please Click Here
Whiplash Crackdown by the Government- Please Click Here
NHS Whiplash – Please Click Here

Thank you for reading our guide on how to make a valid whiplash claim.