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How Long Does Whiplash Last? Everything You Need To Know

If you’ve been wondering ‘how long does whiplash last?’ you may find our guide to be of help. Whiplash is a neck injury that is commonly caused by road traffic accidents and can seriously impact your mobility, financial well-being, and quality of life. If you’ve suffered a whiplash injury following an accident that wasn’t your fault, you could be eligible to claim compensation.

To start our guide, we’ll first discuss what whiplash is and take a look at some common symptoms that might affect you in the short and long term. Following this, we explore who can make a claim for whiplash and how compensation is calculated.

Finally, we look into how our solicitors could help you receive a fair compensation that can support your whiplash recovery. In particular, we look at the expert services our solicitors can provide you and the benefits of using a No Win No Fee agreement to make a claim.

Get in contact today to speak to one of our highly experienced advisors and see if you can pursue a claim through our experienced whiplash solicitors:

A woman in pain holds the back of her neck.

Jump To A Section

  1. How Long Does Whiplash Last?
  2. What Is Whiplash?
  3. Seeking Treatment For Whiplash
  4. Can Claims Be Made For Whiplash?
  5. Free Legal Advice From Our Solicitors
  6. More Information

How Long Does Whiplash Last?

According to NHS guidance, whiplash symptoms typically show improvement at around 2 to 3 months. However, severe whiplash may take longer for other whiplash symptoms to subside.

In some cases, a person won’t feel any side effects from whiplash for days following the accident or injury. Due to this, it’s important to monitor your body for delayed symptoms and seek advice from a medical professional.

To discuss your whiplash accident, please feel free to contact our team. Next, in our guide looking at the question, ‘How long does whiplash last?’ we explain what the injury is and how it could happen.

What Is Whiplash?

Whiplash is a type of neck injury that occurs due to forceful and rapid back-and-forth. Many people suffer a whiplash injury due to road traffic accidents, which can lead to sudden neck movement. For instance:

  • A speeding car fails to break at a traffic light, causing a rear-end collision that leaves you with whiplash and blurred vision.
  • A distracted driver doesn’t indicate at a turn, resulting in a car accident that gives you painful whiplash.

Although a whiplash injury may sometimes appear minor at first, severe whiplash symptoms can be extremely painful and impact the quality of life.

Whiplash Symptoms

Many short and long-term symptoms of whiplash can greatly affect day-to-day life. At its most severe, whiplash can cause you to stop working or prevent you from carrying out everyday activities. Whiplash symptoms include:

  • Neck stiffness, tenderness, and ongoing back/neck pain.
  • Severe headaches.
  • Numbness and weakness in the hands and arms.
  • Tinnitus (ringing in your ear).
  • Memory problems and concentration issues.
  • Vision issues.
  • Dizziness.
  • Difficulty moving, caused by a limited range of motion in the neck.

This is not an exhaustive list, as everyone will experience whiplash symptoms differently. As we noted earlier, in some cases, symptoms may persist for many months. Given that, it’s best to seek medical advice after a whiplash injury and see if you need a treatment plan.

If you would like to talk about your personal situation or get a free eligibility assessment, you can get in touch with our team today.

Seeking Treatment For Whiplash

Whiplash treatment will depend on the kind of symptoms you have and how long the whiplash lasts. As whiplash is caused by sudden movement, damage can be done without you realising, and symptoms may not develop until days after a road traffic accident.

For example, if you have severe pain, your GP may prescribe strong painkillers like codeine rather than nonsteroidal anti-inflammatory drugs like ibuprofen. If your symptoms don’t improve, more treatment may be required. Physiotherapy can help to ease soreness and stiffness if a neck injury caused by whiplash is an issue.

For further information and to discuss making a whiplash claim, please connect with one of our trained advisors. Keep reading our ‘How long does whiplash last?’ guide to find out whether you could make a compensation claim.

A woman listens to a nurse after asking her the question, "How Long Does Whiplash Last?"

Can Claims Be Made For Whiplash?

For someone to have a valid claim for whiplash, the following criteria must be met:

  • A road user owed you a duty of care.
  • This duty of care was breached.
  • You suffered harm due to this breach.

For road users, that duty of care involves using roads in a safe and responsible manner in order to avoid causing injury to one another. To meet their duty of care, those on the road must abide by the provisions of the Road Traffic Act 1988 and the Highway Code. These provisions include:

  • Not exceeding the speed limit.
  • Paying attention to road signs.
  • Letting pedestrians cross at designated spots, such as a zebra crossing.

Whiplash Reform Programme

If you suffer whiplash because a road user breaches their duty of care, you could be entitled to claim compensation. In May 2021, the way that certain individuals could make a claim after a road traffic accident changed due to the Whiplash Reform Programme, introduced by the Whiplash Injury Regulations 2021.

Essentially, it means that personal injury claims relating to road traffic accidents where injuries are valued at £5,000 or less are assessed under a fixed tariff. For instance, a whiplash injury lasting between 18 to 24 months will receive an award of £4,215. If you also claim compensation for a connected psychiatric injury, you would be awarded £4,345 if the symptoms last 18 to 24 months. Conditions of this programme are:

  1. Being injured as a driver or passenger of a vehicle.
  2. Being 18 or older.
  3. Having injuries that are valued at £5,000 or less.

Time Limits

Per the Limitation Act 1980, there is usually a 3-year time limit for whiplash injury claims to be started. This time limit begins either from the date of the accident or from the date of knowledge (when your whiplash symptoms began). Exceptions to this time limit apply:

  • If the person is under 18: Minors cannot legally begin a claim for themselves.
  • If the person cannot take charge of their own affairs: Those with mental incapacity can also not independently start a claim.

In both of these cases, the time limits are paused. For minors, the 3-year window will only take effect from the date of their 18th birthday. Time limits for those with reduced mental capacity are put on hold indefinitely.

When time limits are paused, a loved one or solicitor can become their litigation friend. The court-appointed role allows someone to represent another person and begin a claim on their behalf. Get in touch with our advisors today to see if you are eligible to make a whiplash injury claim.

Free Legal Advice From Our Solicitors

Aside from answering the question of ‘How long does whiplash last,’ our expert road traffic accident solicitors can provide you with expert support and advice through the whiplash injury claim process.

Moreover, if you are eligible to make a claim, our solicitors can take on your case via a Conditional Fee Agreement (CFA), a type of No Win No Fee funding arrangement. The terms of a CFA mean:

  • You do not pay a solicitor’s fee to start a claim.
  • You won’t face paying additional solicitor fees as your whiplash claim progresses.
  • You will not pay a solicitor’s fee if you don’t win your claim.

If you do win your case, your solicitor will take a small percentage of the compensation as a success fee. This fee acts as payment for their work, and the percentage is capped by law.

In addition to winning you compensation, all our solicitors can put you in contact with physiotherapists or any other specialists you might need to treat whiplash. Moreover, your solicitor will explain all legal terms and help you gather the correct kinds of evidence for a road traffic accident.

A solicitor sitting at a desk with a gavel and justice scales discusses his client's whiplash treatment.

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Want to find out whether you can make a claim? Get in touch today using your preferred contact method:

More Information

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In addition, we have gathered some helpful external resources for further reading:

We hope this guide answered all your questions concerning the question, ‘How long does whiplash last?’ For further enquiries, please don’t hesitate to contact us.

Discover Everything You Need To Know About Crush Injury Claims

If you have endured a crush injury through no fault of your own, you may have grounds to claim compensation. We understand that the after-effects can sometimes have life-altering health and financial consequences, which is why we have created this guide to crush injury claims.

Our guide will first explore the causes behind crush injuries, their impact, and how to treat them. Then, we walk you through eligibility, whether you can claim on someone else’s behalf, and what happens if you were partially at fault for your injuries.

We also discuss the topic of compensation, detailing how it is calculated and whether it covers financial losses. Next, we offer guidance on how long personal injury claims take and the evidence you may need. Finally, we discuss what Conditional Fee Agreements (CFA) are and why our specialist No Win No Fee solicitors offer them to prospective claimants.

Paramedics and firefighters attend the scene of a road traffic accident.

If you would like to discuss your crush injury after reading this guide, please feel free to contact us using the details below:

Frequently Asked Questions

  1. What Is A Crush Injury?
  2. Can I Make A Crush Injury Compensation Claim?
  3. How Much Compensation Could I Get For A Crush Injury?
  4. Can Financial Losses Be Compensated In Crush Injury Claims?
  5. How Can I Start My Crush Injury Claim?
  6. How Do I Fund A Crush Injury Claim For Compensation?
  7. Learn More

What Is A Crush Injury?

A crush injury occurs when an external force compresses the body or part of it gets stuck between two solid objects. Whilst this type of injury can happen for many reasons, below are a few scenarios commonly encountered in crush injury claims:

  • Road traffic: A drink driver has a head-on collision with another vehicle, resulting in a passenger’s head being crushed and leading to a severe brain injury.
  • Public space: A pub or bar fails to repair a broken hand-rail, leading to a visitor crushing their ankle when they fall down the stairs.
  • At work: A poorly maintained forklift at a factory malfunctions, causing serious chest injuries when it crushes a worker.

The Medical Impacts Of Being Crushed

Crush injuries often have a serious impact on the body beyond bone fractures, muscle damage, or tendon injuries. Below is a list of the main issues associated with crush injuries:

  • Hypovolemic shock: Severe blood loss means your vital organs and body don’t receive the blood and nutrients they need. Cases can result in organ failure and death.
  • Compartment syndrome: Pressure building in muscles causes pain and restricts blood flow, potentially causing damage to blood vessels.
  • Degloving: A large piece of skin and soft tissue is partially or wholly ripped from muscles and connective tissue (usually in the process of releasing you from the crush).

Moreover, a severe crush injury could result in some form of paralysis, limb amputation, and post-traumatic stress disorder (PTSD). With that in mind, the quicker you receive medical attention, the better chance you have of a full recovery.

Treating Injuries After A Crushing Accident

Medical advice relating to crush injuries depends on how long the person has been crushed for:

  • Less than 15 minutes: Remove the compressive force as soon as possible, call 999, try to stop any bleeding, give support, and treat their shock.
  • Longer than 15 minutes: Do not remove the compressive object, as this can make the crush injury worse. Instead, try to reassure them and call 999 immediately.

To discuss your crush injury, please get in touch with one of our trained advisors.

A fast-moving ambulance flashes its emergency lights amidst heavy traffic.

Can I Make A Crush Injury Compensation Claim?

In order to have a valid crush injury claim, three components of negligence must be met:

  • A third party, such as a HGV driver or local authority, owed you a duty of care.
  • This duty was breached.
  • The breach resulted in your crush injury.

For instance, if your accident happened at work, your employer would be in breach of their duty of care if they failed to take reasonable steps to ensure your safety in the workplace, per the Health and Safety at Work etc. Act 1974.

Likewise, road users have a legal obligation to use roads in such a way that they avoid injury to themselves or each other. They uphold this duty of care by following the rules and regulations outlined by the Road Traffic Act 1988 and the Highway Code.

You may also be wondering, ‘Can I claim on behalf of someone else?’. The quick answer is yes, but your loved one must meet one of the following two conditions:

  • They are under the age of 18 at the time of the accident.
  • They lack the mental capacity to claim on their own behalf.

In either of these cases, you could become a litigation friend so as to act in their best interests and start a claim. Alternatively, you can have someone else take on the role, such as a solicitor.

What If I Was Partially At Fault For My Crush Injuries? 

Even if you were partially at fault for the crush injuries sustained, you may still be entitled to compensation. The Law Reform (Contributory Negligence) Act 1945 states that the courts can reduce the amount of damages someone might otherwise be entitled so that it reflects their level of fault.

In practice, if the courts decided your degree of fault was 20%, 80% of the liability would be assigned to the other party. That would mean you would receive 80% of the compensation you were initially entitled to.

If you have questions about eligibility or how liability might apply to your claim, contact us today to see how we can help.

How Much Compensation Could I Get For A Crush Injury?

Compensation varies on a case-by-case basis and will depend on multiple factors related to your crush injuries, which general damages cover. For instance, the Judicial College Guidelines (JCG) suggest that a very severe brain injury could range anywhere from £344,150 to £493,000.

In the table below, we outline guideline amounts for various injuries taken from the JCG publication. This document is a framework that solicitors may refer to in conjunction with medical evidence to calculate the value of general damages in crush injury claims.

Please note that the first figure shown in the table is not sourced from the JCG, and the listed amounts are only a guideline.

Injury SeverityCompensation Amount
Multiple Severe Injuries and Special DamagesSevereUp to £1,000,000+
Brain/HeadVery Severe£344,150 - £493,000
Leg (Amputations)Loss of Both Legs£293,850 - £344,150
ParalysisParaplegia£267,340 - £346,890
FootAmputation of Both Feet£206,730 - £245,900
HandTotal or Effective Loss of Both Hands£171,680 - £245,900
HandSevere Fractures to FingersUp to £44,840
ChestSevere (a)£122,850 - £183,190
ToeAmputation of All Toes£44,570 - £68,430
BackModerate (i)£33,880 - £47,320

For more information about compensation, please reach out to one of our supportive advisors. Next, we discuss whether you can claim for financial losses.

Can Financial Losses Be Compensated In Crush Injury Claims?

Yes, financial losses can be covered under special damages. These damages aim to put you in a similar financial position as you would be if it were not for the injuries you suffered. They account for costs that are directly related to your crush injury, including:

  • A loss of earnings if your injury forced you to take time off work.
  • Any adaptations made to your vehicle or home to accommodate injuries.
  • Professional care or rehabilitation support.
  • Medical expenses, such as treatments, counselling, and prescriptions.
  • Travel expenses incurred whilst attending medical appointments.

No matter what you claim for, you must keep hold of evidence like receipts for medical procedures to prove your losses.

How Long Will It Take To Make A Crush Injury Claim?

Crush injury claims do not follow a universal timescale. How long a claim takes to conclude can vary depending on its complexity and the type of crush injury you suffered. Moreover, the claims process may take longer if evidence gathering is particularly time-consuming or negotiations to settle out of court prove challenging. 

Keep reading to find out how you could start a claim or get in touch with the team to learn more about special damages and how long claims can take.

How Can I Start My Crush Injury Claim?

To start a claim and have the best chance of a successful outcome, you will need supporting evidence. What evidence you require will depend on where and how you sustained your crush injuries, but can include the following:

  • Photographs of any noticeable injuries you sustained.
  • Dashcam or CCTV footage showing the accident in progress.
  • Witness contact details, which a solicitor can use to take statements on your behalf.
  • Medical notes, including those made by a GP.
  • A copy of your accident book report, if your employer has one.

Besides having sufficient evidence, you also need to consider whether you have enough time to start a claim. In accordance with the Limitation Act 1980, you usually have 3 years from the date of your injury to start a claim. However, there can be exceptions to this timeframe.

Our trained advisors are ready to answer any questions you have about time limits or how our solicitors can help gather evidence for crush injury claims.

How Do I Fund A Crush Injury Claim For Compensation?

If you are concerned about the financial costs arising from hiring a solicitor, you may want to consider using a No Win No Fee funding arrangement. Our specialist personal injury solicitors use a Conditional Fee Agreement (CFA), which is a specific type of No Win No Fee arrangement.

Signing a CFA means you won’t be required to pay a solicitor’s fee for their work either:

  • Upfront.
  • During the claims process.
  • If the claim fails.

Rather, if your claim is successful, a success fee will be deducted from the compensation that you receive. As per the terms of the Conditional Fee Agreements Order 2013, the percentage taken for a success fee is capped by law.A solicitor takes notes whilst discussing crush injury claims.

Contact Legal Expert

Our team is available to answer any questions that you have about crush injury claims. When you connect with an advisor, you’ll be entitled to a free, no-strings consultation to walk you through your options.

Contact us today to find out whether you could claim crush injury compensation by using the details below:

Learn More

For further reading, please consider some of our other guides:

In addition, the following resources may be helpful:

Thank you for taking the time to read through our guide on crush injury claims.