Whiplash Claims

Whiplash Claims

Whiplash Claims

This article provides information about whiplash claims, including the eligibility requirements you must meet to begin one. For instance, one area we will explore is the duty of care that road users owe while on the road. As well, we will discuss the evidence that could help demonstrate that another driver breached the duty of care they owed you. After that, we will discuss how compensation amounts are calculated following a successful claim for whiplash.

Following this information, we show how our solicitors typically use No Win No Fee arrangements to represent clients during personal injury claims for whiplash. Under the terms of this kind of legal agreement, you can benefit from the help of a solicitor without having to pay for their services if your claim fails. Read on to learn more about working with a No Win No Fee solicitor.

Equally, you can contact our helpline at any time of the day or night. Our advisors are standing by 24/7 should you have questions about the merits of your potential claim. They can answer questions you may have about the process of making a whiplash claim following a road traffic accident caused by another driver. Ask your questions today:

Select A Section

  1. How To Make Whiplash Claims
  2. What Is A Whiplash Injury?
  3. What Evidence Do You Need For A Whiplash Claim?
  4. How Is Compensation For Whiplash Claims Calculated?
  5. Why Choose Us For Your No Win No Fee Whiplash Injury Claim?
  6. Related Whiplash And Road Traffic Accident Claims

How To Make Whiplash Claims

Whiplash claims for road traffic accidents are a type of personal injury claim. To determine if you may be eligible to start a claim for whiplash injuries, you can ask yourself these questions:

  • Did a driver owe you a duty of care?
  • Did this driver breach the duty they owed you?
  • Because this breach happened, did you sustain injuries?

The first of these questions is not usually difficult to prove, because a law called the Road Traffic Act 1988 dictates the duty of care owed on the road. All road users, including drivers, must take reasonable care to ensure their actions or inactions do not cause damage.

Furthermore, information in the Highway Code establishes a hierarchy of vulnerable road users, by which those users capable of causing the most harm have the greatest responsibility to reduce the threat they pose. This Code provides rules and guidance for road users, and some of this information is backed up in legislation.

The Whiplash Reform Programme

On 31st May 2021, changes were made to the method in which whiplash and soft tissue injury claims are made for road traffic accidents. If the claimant is an adult driver or passenger and the value of their injuries is £5,000 or less, they must begin their claim in a different way. These changes are part of the Whiplash Reform Programme.

On the other hand, if adult drivers or passengers suffer injuries valued over £5,000, they may claim using the traditional method.

Speak to our advisors if you have questions about the process involved in making whiplash claims. They can help you determine your potential whiplash claim amount.

Time Limits For Whiplash Claims

If you are wondering ‘how long are car accident injury claim time limits?’ then the Limitation Act 1980 can provide an answer. This legislation determines that you have 3 years to begin a personal injury claim. This time limit starts from the date of the accident.

There are some exceptions to this time limit, such as for children or adults who do not have the mental capacity to claim for themselves. Speak to our advisors to learn more about whiplash claims time limits.

What Is A Whiplash Injury?

According to the NHS whiplash is a condition caused by a sudden movement of the head and neck. They state that whiplash symptoms can include neck pain, headaches, stiffness, and muscle spasms.

Seek medical attention if you have been involved in a road accident. A doctor or nurse can identify if you are experiencing the symptoms of a whiplash injury or:

Speak to one of our advisors if you have questions about the process of making whiplash claims.

What Evidence Do You Need For A Whiplash Claim?

To prove whiplash injuries occurred because another driver breached their duty of care, you can produce two kinds of evidence.

First, you can provide medical evidence regarding the severity of your injuries. This could include a copy of your medical records, a diary of the symptoms you experience, and photographs of your physical injuries.

Second, you can also provide evidence that shows who was at fault in a car accident. This may involve finding CCTV and dashcam footage, getting contact details for any witnesses, and getting a copy of the police report.

Speak to our advisors if you’d like to know more about whiplash claims. They could also put you in touch with one of our solicitors, who can help you gather evidence as part of the services they offer.

How Is Compensation For Whiplash Claims Calculated?

Successful whiplash claims can account for two aspects of the harm you experience following a road traffic accident. First, general damages is intended as a way to compensate you for your physical and psychological injuries.

The Whiplash Injury Regulations 2021 contains a tariff for whiplash and minor psychological injuries. However, other injuries that are not mentioned in this tariff may be valued according to the brackets found in the Judicial College Guidelines (JCG). This is a publication that solicitors will consult when calculating a claim’s potential value, as it contains compensation brackets for different types of injury a person could experience.

We’ve created a table below that shows figures from both the 2021 Regulations and the JCG. Speak to our advisors if you have questions about your potential compensation. They can provide you with an estimate based on all the circumstances you describe to them.

Tariff and Bracket Figures

Injury Compensation Tariff or Bracket More Information
One or More Minor Psychological Injuries and One or More Whiplash Injuries £4,345 Symptoms of the injury experienced for at least 18 months but not longer than 24.
One or More Whiplash Injuries £4,215 Symptoms of the injury experienced for at least 18 months but not longer than 24.
(i) Severe Back Injury £91,090 to £160,980 Bracket accounts for the most severe injuries, involving unusual symptoms and damage to the spinal cord and associated nerve roots.
(ii) Severe Back Injury £74,160 to £88,430 Injuries with special features, such as damage to the nerve roots that result in a loss of sensation, impaired bowel and bladder function, and other factors.
(i) Severe Neck Injury In the region of £148,330 Associated with paraplegia that is incomplete. Alternatively, may include spastic quadriparesis.
(ii) Severe Neck Injury £65,740 to £130,930 Injuries of considerable severity, usually involving serious damage to or fractures of the cervical discs in the spine.
(iii) Severe Neck Injury £45,470 to £55,990 Injuries causing severe damage to the soft tissues and/or tendon ruptures that create chronic conditions and permanent, significant disability. May also include dislocations and fractures.
(i) Moderate Neck Injury £24,990 to £38,490 Dislocations or fractures that cause severe and immediate symptoms. This bracket may also provide an award for chronic conditions.
Severe Shoulder Injury £19,200 to £48,030 This type of injury is often associated with damage to the neck and brachial plexus nerves, resulting in significant disability.
Serious Shoulder Injury £12,770 to £19,200 Damage to the lower part of the brachial plexus nerve network, resulting in pain in the neck and shoulder and other sensory symptoms.

Loss Of Earnings And Expenses

Secondly, you could receive special damages. This aspect of a claim can help you recoup the financial losses caused by your injuries. For instance, you could reclaim loss of earnings you’ve experienced due to your injuries, as well as the cost of medical treatments you require for your recovery.

Contact our advisors to learn more about whiplash claims. They can provide a personalised estimate of your potential payout for a whiplash claim.

Why Choose Us For Your No Win No Fee Whiplash Injury Claim?

If you choose to work with our whiplash injury solicitors, you could benefit from the kind of No Win No Fee agreement they typically offer. Called a Conditional Fee Agreement (CFA), this legal arrangement means that you generally don’t have to pay for a No Win No Fee solicitor’s services if your claim fails.

Rather than paying ongoing service charges to your solicitor, they would be reimbursed for their services at the end of the process but only if the claim succeeds. Specifically, they take a success fee from your compensation.

Talk To Our Team

Our helpline is open 24/7, so please contact us if you have questions about whiplash claims. Our team can provide advice about the merits of your potential claim. Also, they can listen to the circumstances you describe and estimate your potential compensation based on these factors. Furthermore, they may be able to connect you with one of our car accident lawyers, who can work with you on your potential claim. Find out more:

Related Whiplash And Road Traffic Accident Claims

Related guides that may be of use:

Further information from external parties:

If you have further questions about the process behind whiplash claims, contact our helpline using one of the methods described above.