By Cat Way. Last Updated 23rd February 2024. In this guide, we address questions surrounding, ‘What is the minimum payout for whiplash?’ According to the NHS, whiplash often happens after a road traffic accident. It is a neck injury caused by the sudden movement of the head.
Settlements for successful road traffic accident claims will consider the severity of your injuries and what expenses you are entitled to be reimbursed for. We explain how compensation could be awarded if your claim for whiplash has a positive outcome.
In order to claim whiplash injury compensation, you must satisfy the personal injury claims eligibility requirements. We look at these, along with what evidence could be submitted to support your claim for whiplash.
This guide concludes with a look at the benefits of instructing a No Win No Fee solicitor to support your case. If you have any questions about the claims process while reading this guide, please get in touch with a member of our advisory team.
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Whiplash Compensation Calculator Claims Guide
Choose a Section
- Is There A Minimum Payout For Whiplash?
- Who Is Eligible To Make A Whiplash Claim?
- Top Tips On Proving Whiplash Claims
- How Long Do I Have To Claim Whiplash Compensation?
- Make A No Win No Fee Whiplash Claim
- Helpful Links On The Minimum Payout For Whiplash
Is There A Minimum Payout For Whiplash?
You may be wondering, ‘Is there a minimum payout for whiplash?’ Since every claim is unique, it may be more beneficial to know how compensation is calculated.
If you make a successful personal injury claim, your payout for whiplash could include general and special damages. The first head of claim, general damages, compensates you for the pain and suffering your injuries have caused you.
When a legal professional is valuing this head of your claim, they might get help from the Judicial College Guidelines (JCG), as it contains guidelines for compensation regarding different injuries. We have included some of the guidelines stated in the 16th edition of the JCG in the table below.
We have also included some of the amounts from the whiplash tariff set out in the Whiplash Injury Regulations 2021. These are fixed amounts, and we will discuss when these amounts may be applicable in a later section.
| Injury | Notes | Award |
|---|---|---|
| Multiple Serious Injuries Plus Special Damages | Multiple severe injuries including whiplash, plus financial losses such as lost earnings | Up to £200,000 |
| Severe Neck Injury (i) | This type of injury is usually associated with incomplete paraplegia which could then result in spastic quadriparesis that is permanent. | In the region of £148,330 |
| Severe Neck Injury (ii) | Serious damage or fractures to the cervical spine discs that result in significant disabilities. | £65,740 to £130,930 |
| Severe Neck Injury (iii) | Dislocations, fractures or severe soft tissue damage that lead to significant chronic conditions. | £45,470 to £55,990 |
| Moderate Neck injury (i) | Dislocations or fractures that cause immediate severe symptoms and may require spinal fusion. | £24,990 to £38,490 |
| Moderate Neck Injury (ii) | A disc lesion, wrenching-type or soft tissue injury that results in limited movement and permanent pain. | £13,740 to £24,990 |
| Severe Shoulder Injury | Neck injuries and damage to the brachial plexus and result in a serious disability. | £19,200 to £48,030 |
| Serious Shoulder Injury | A dislocation or damage to the lower brachial plexus that causes neck, shoulder and arm pain. | £12,770 to £19,200 |
| Whiplash Tariff | Claimants suffering with the symptoms of whiplash and a minor psychological injury for 18-24 months may be awarded this tariff amount. | £4,345 |
| Whiplash Tariff | This tariff is for claimants suffering with whiplash symptoms for 18-24 months. | £4,215 |
In addition to general damages, you might be awarded special damages. This is to compensate you for any financial losses you experienced because of your injuries. Here are a few examples of what losses you might be able to claim:
- Prescription costs.
- Travel expenses.
- A loss of earnings.
- Care costs.
You should submit proof of these losses, such as wage slips and receipts.
Whiplash Reforms
The Whiplash Reform Programme changed how certain claims for road traffic accidents in England and Wales are made. They apply for injuries suffered on or after the 31st of May 2021. If you were aged 18 or over and suffered injuries valued at £5,000 or less as a driver or passenger in a vehicle, your claim must be made in a different way.
Furthermore, whiplash injuries will be valued in accordance with the tariff found in the Whiplash Injury Regulations 2021. Additional injuries that are not covered by the tariff will be valued in the traditional manner.
Also, if any additional injuries take the total value of your claim over £5,000, your claim will be made in the traditional way.
If you have any questions about how your whiplash claim payout could be calculated, please contact one of the advisors from our team.
Who Is Eligible To Make A Whiplash Claim?
You must meet the eligibility requirements to make a personal injury claim for any road traffic accident. These are:
- Another driver owed you a duty of care.
- This duty was breached.
- You suffered an injury as a result.
Road users must navigate the roads in a way that prevents injury and damage to themselves and others. This is their duty of care. They are expected to adhere to the relevant rules and regulations found in the Road Traffic Act 1988 and the Highway Code in order to uphold their duty of care.
If another driver fails to adhere to this duty of care and you suffer a whiplash injury as a result, you might be able to claim. We take a look at examples of evidence you could use to support your case later on.
If you have any questions about eligibility for personal injury claims, please get in touch with one of the advisors from our team.
Top Tips On Proving Whiplash Claims
As well as wondering how much you could get for whiplash claims, it’s also important to know how to establish negligence. This means that you’ll need to know what evidence to acquire to prove that your injuries were caused by the negligence of another road user.
You’ll find some examples of evidence that can be helpful to acquire below. They can help support your whiplash claim.
- Camera footage – For instance, dashcams or CCTV systems may have captured the incident that resulted in your injuries. Therefore, you could make a request for the footage from whoever captured it.
- Witness contact details – If others saw the accident, it can be helpful to ask how you can contact them. If they agree, then a solicitor can help with the process of gathering an official statement from the witnesses on the subject of what they saw.
- Medical evidence – It’s advised that you have a medical professional examine you following a suspected whiplash injury. Not only can they confirm your diagnosis, but also make a note of how severe the injury is. With regards to a minimum payout for whiplash, the figure awarded to you could vary depending on the extent of your injury.
If you want to know more about evidence you could gather as well as whether there is an average payout for whiplash, please do not hesitate to contact our advisors with your questions.
How Long Do I Have To Claim Whiplash Compensation?
All personal injury compensation claims have to be made within a certain time limit, including whiplash claims. This is usually three years, as outlined in the Limitation Act 1980, and starts on the date of your accident. However, you might still be able to claim if your injuries fall outside of this time limit.
For example, if your accident occurred when you were under the age of eighteen, the time limit is frozen. It is reinstated on your eighteenth birthday, but until then, a litigation friend can make your claim for you. If they don’t, you can claim for yourself within three years of turning eighteen.
The time limit does not apply to those who do not have the mental capacity required to claim for themselves. In these cases, a litigation friend can bring a claim forward on their behalf.
Read on to learn more about claiming the minimum payout for whiplash, or contact our team of advisors to find out if your claim is within the time limit.
Make A No Win No Fee Whiplash Claim
One of our expert No Win No Fee solicitors could help you make your whiplash injury claim. There are a lot of benefits that can come with working with a solicitor; for example, our solicitors help claimants from all over the country, eliminating the need to work with a local legal professional. A solicitor could also help you gather evidence to support your claim, explain legal jargon, and ensure that all areas of your claim are fully considered.
Our solicitors could help you on a No Win No Fee basis with the help of a Conditional Fee Agreement (CFA). This means you won’t be asked to pay a fee for them to begin working on your claim or to retain their services. Likewise, if your claim fails, you won’t be asked to pay a fee for their services.
Your solicitor will take a success fee in the event that your claim is successful. This fee is a small percentage of your compensation that comes with a legal cap, ensuring that the larger share of your compensation remains with you.
Our team of advisors are on hand to help. Get in touch today to claim your free consultation and find out if one of our solicitors could help you claim for whiplash:
- Call our team on 0800 073 8804
- Contact us online
- Use the live chat feature
Helpful Links On The Minimum Payout For Whiplash
Thank you for reading our guide on our whiplash compensation calculator. We hope you’ve found it useful. Below, you can find some more guides.
- Find more information about your condition – This link takes you to the NHS page on whiplash. You will find further information on the condition itself, including how it occurs, symptoms, and different treatment options.
- How to make a claim for suffering whiplash – This link takes you to our guide on working with whiplash solicitors and how you can start a No Win, No Fee whiplash claim. You can find more information about whiplash cases here, ranging from the most common types of whiplash claims to details on working with a specialist whiplash solicitor.
- Learn about making a claim if your car accident was caught on dashcam and get more information on how evidence could benefit your claim.
- Learn how to claim against an uninsured driver after a car accident.
- Advice on claiming for a fatal road accident. Learn how to claim with our guide.
For more information on what the minimum payout for whiplash is, please get in touch with the number above.
