By Lewis Cobain. The specialist solicitors we have at Legal Expert have been able to successfully claim for whiplash with physiotherapy compensation for clients across the country. In this whiplash compensation guide, we will look at a particular whiplash claim with physio.
The claimant, in this case, was waiting to enter a roundabout when a car approaching from behind failed to sufficiently break and stop in time. The car collided with the rear of the claimants’ car. This caused soft tissue injuries to the claimant’s back and neck. This resulted in a whiplash with physio compensation settlement of £6,440 made up of general and special damages.
If you have any queries about claiming physio for whiplash or want to know how much you could receive for whiplash symptoms, you could contact us completely for free at a time that works for you. You can call us on 0800 073 8804, contact us through our website or by using the Live Chat feature now onscreen.
Please read on to learn more about claiming whiplash compensation.
Select A Section
- When Could I Claim Compensation For Whiplash In The UK?
- How To Claim For Whiplash
- Claim For Whiplash Case Study – What Injuries Can Be Sustained?
- How Much Compensation For Whiplash With Physiotherapy?
- Whiplash Injuries Payout Scale UK
- No Win No Fee Whiplash Claims
- Call Us Today To Start Your Whiplash With Physio Compensation Claim
- Useful Links
When Could I Claim Compensation For Whiplash In The UK?
A duty of care is placed on road users to prevent harm or damage to themselves and others while they are using the roads. To uphold this duty, they must follow the rules and regulations set out in the Road Traffic Act 1988 and The Highway Code. A failure to do so could mean you sustain harm, such as whiplash, in a car accident. A claim could potentially be made if you can meet the relevant criteria.
As such, in order to begin a personal injury claim for whiplash after a car accident, you must prove the following:
- You were owed a duty of care.
- The duty of care owed to you was breached.
- As a result of the breach, you experienced a physical injury, mental harm, or both.
The three points above form the basis of negligence in claims for a personal injury. If you can prove negligence occurred, it may be possible for you to pursue compensation for whiplash in the UK.
For further guidance on the eligibility for road traffic accident claims, contact an advisor on the number above. They can also answer other questions you might have, such as ‘What is the average payout for whiplash injuries?’.
How To Claim For Whiplash
As part of the personal injury claim process, you will need supporting evidence. How you claim for your whiplash injuries could impact what evidence you could submit. For example, if your whiplash compensation claim is made through the government portal, the portal will arrange for you to have an independent medical exam.
If the value of your injuries is higher than £5,000, you will not be able to make your whiplash compensation claim through the government portal. Instead, you’ll make a personal injury claim. To support this, your evidence could include:
- Medical records.
- CCTV, dashcam or mobile phone footage.
- Photographs of any visible injuries.
- Photos of the accident scene.
- Witness contact details.
To ensure that your injuries are valued correctly, you may wish to hire a solicitor to support you through the personal injury claim process. Once your whiplash claim is settled, it cannot be reopened for any reason, even if further injuries become apparent. Additionally, a solicitor could help you with gathering evidence.
Call our advisors for free advice about how you could claim for your whiplash injury.
Now Long Do I Have To Claim For A Neck Injury Caused By Whiplash?
The personal injury claims time limit is generally three years, which means you will need to start your claim within three years of sustaining your neck injury. This time limit is set out by the Limitation Act 1980, which also sets out the exceptions to this time limit.
For example, the time limit does not come into force until you turn eighteen. Because of this, if you are injured while under eighteen, you cannot make a claim for yourself. Instead, a litigation friend can make the claim on your behalf. Otherwise, the time limit will begin on your eighteenth birthday and run until you turn twenty-one.
Similarly, the time limit is suspended indefinitely for those who lack the mental capacity to claim for themselves. In these cases, a litigation friend can make a claim on their behalf. If the claimant regains the appropriate capacity and a claim has not already been made, the time limit will reinstate on the date of their recovery.
To learn more about claiming if you have suffered whiplash, car accident compensation, and time limits in road traffic accident claims, contact our team today.
Claim For Whiplash Case Study – What Injuries Can Be Sustained?
Before we discuss what compensation you could receive when you claim for whiplash, we want to explore what injuries you might sustain. For example:
- A neck injury – Neck injuries are common in whiplash accidents due to the sudden movement of your neck when whiplash occurs.
- Back injuries – Whiplash can put strain on your spine.
- Psychological injuries – The stress of the accident can result in you suffering symptoms of a psychological injury.
In our case study, the claimant dealt with soft tissue injuries to his neck and back. He also suffered anxiety from the car accident. As part of the whiplash claim process, you’ll be expected to prove any whiplash injuries in order to be eligible for whiplash compensation. The claimant proved his injuries by speaking to medical professionals.
For advice on payouts for whiplash claims, contact our advisors at any time that is convenient for you. We are available to talk 24/7 and could connect you with our expert car accident solicitors to help you successfully settle your claim.
How Much Compensation For Whiplash With Physiotherapy?
In this case, liability was not contested by the defendant or their insurance provider. The settlement was made out of court and consisted of general damages for the injury, as well as special damages covering other financial losses which they have suffered. The general damages awarded were £4,250. Special damages awarded consisted of £1,265.70 which was paid towards financial losses, such as credit hire charges. They were also awarded £900 to pay for the costs of physiotherapy. Finally, £25 was awarded for various miscellaneous expenses.
Most whiplash injuries are mild and the associated claims are for relatively small amounts of compensation. As well as claiming for the actual injuries suffered, victims can also claim for special damages. These are costs that are incurred by the claimant as a direct result of the accident and injuries.
Special damages can be made up of travel expenses, costs of hospital visits and parking, loss of earnings or losses of bonuses, and costs of any medical treatment, such as the cost of a prescription. You can also claim for special damages for any costs for modifications to your home or car as well as the costs of any care you have had to pay for whilst you are recovering from your treatment.
Whiplash Injuries Payout Scale UK
As with any claim, your injury would need to be caused by negligence for you to receive compensation. However, there’s an important aspect to now consider when making whiplash claims. The Whiplash Regulations 2021 established a new method of claiming for whiplash injuries in England and Wales. If your injury is worth £5,000 or less, you were a driver or passenger over the age of eighteen in a vehicle and your injury occurred during a road traffic accident, you would claim through the online portal, as described in the regulations.
When claiming through the online portal, your compensation would be awarded according to a set tariff included in the legislation. The figures from this tariff can be found below.
| Duration of Injury | Amount of compensation for only pain and suffering | Total amount of compensation (for pain and suffering and any psychological issues caused) |
|---|---|---|
| More than 18 months but less than 24 months | £4,215 | £4,345 |
| More than 15 months but less than 18 months | £3,005 | £3,100 |
| More than 12 months but less than 15 months | £2,040 | £2,125 |
| More than 9 months but less than 12 months | £1,320 | £1,390 |
| More than 6 months but less than 9 months | £840 | £895 |
| More than 3 months but less than 6 months | £495 | £520 |
| 3 months or less | £240 | £260 |
You may also have questions like “how much compensation for whiplash with physiotherapy in 2022?” This is very difficult to answer without your injury being assessed, as it depends on how much your injury is deemed to be worth. Physio for whiplash may be offered for free on the NHS, in which case you would not be able to make a claim for it. However, if you needed to pay privately for physio, this could potentially be included in a special damages payment.
The extent of your injury is crucial when determining how much general damages compensation you could receive. Even if you’ve had your injury assessed before, our advisors can provide you with a second opinion. After all, your injury may be worth more than you think. To see if you can claim and to clarify the claims method that’s right for you, contact us for free using the details above.
How Much Compensation For Whiplash With Physiotherapy
The rules relating to soft tissue whiplash claims changed in May 2021. As such, the process of claiming compensation for whiplash injuries has also changed.
All of these changes can be seen in the whiplash reform programme document. They mean that you would make your claim through the government’s online portal if you’re a passenger and driver over the 18 with injuries are valued at less than £5,000.
It is not easy to estimate your compensation award immediately after your injury because you will not know the severity of it or if you will need treatment such as physiotherapy for a whiplash injury.
For more information on compensation for whiplash with physiotherapy, please get in touch with our team.
Main Changes Affecting Whiplash Claims
Here’s a summary of the main changes to whiplash claims.
- Increased the small claims limit: Previously, the small claims limit was £1,000 but this has now been increased to £5,000. This means that while you could recover legal costs for claims of at least £1,000, now your injury claim needs to be worth £5,000 or more (or a total claim of £10,000 including damage to property) for you to be able to recover your legal fees. This means that solicitors are less likely to represent you in a No Win No Fee claim because they don’t get paid for the work they do. With that being said, you can still call us using the number at the top of the page to see if we can in fact help you. You can also reach us using the chat pop up or by filling out the form on this page.
- The government has introduced a fixed tariff for compensation: There are set amounts that can be awarded for different severities of injury for claims made through the government portal. For example, an injury that lasts between 3 to 6 months has a fixed award of £495. Previously, an injury that lasts between 6 to 12 months could receive a compensation award of between £2,300 and £4,080. These tariffs are set out in the Whiplash Injury Regulations 2021.
These changes may not apply to all car accident claims. For example, they will only apply to your claims if you were injured while either driving or travelling as a passenger in a motor vehicle.
An example of a claim that may not be affected by the reforms is child accident claims. The changes also do not apply to:
- Cyclists
- Pedestrians
- Motorcyclists
- If the offending driver cannot be traced
- Scooter riders
- Horse riders
- If the offending vehicle is registered outside of the UK.
Whiplash Claims Average Payout For 2022
Various factors will be considered when your whiplash compensation is being calculated. For example, costs towards physio for whiplash could be recovered under special damages.
If your whiplash claim is successful, your compensation will include compensation for your pain and suffering. This is called general damages. The figures in our table below are from the Judicial College Guidelines 2022. The Judicial College Guidelines (JCG) provide rough figures for injuries in personal injury claims. Our table below contains examples of neck injuries. It is to be used only as a guide and may not be reflective of the amount you could get.
Please note that the first entry has not been taken from the JCG.
| Neck Injury Type | Details | Compensation Bracket |
|---|---|---|
| Multiple Serious Injuries With Financial Losses | Compensation for multiple injuries that are serious and their financial losses such as medical expenses and lost earnings. | Up to £200,000+ |
| Severe Neck Injury | (i) Associated with permanent spastic quadriparesis or incomplete paraplegia. | In the region of £148,330 |
| Severe Neck Injury | (ii) Usually includes serious fractures or damages to the cervical spine. | £65,740 to £130,930 |
| Severe Neck Injury | (iii) Fractures, dislocations or soft tissue damage that causes significant disabilities. | £45,470 to £55,990 |
| Moderate Neck Injury | (i) Can include fractures, dislocations or chronic conditions that cause impaired function or vulnerability to further trauma. | £24,990 to £38,490 |
| Moderate Neck Injury | (ii) May include soft tissue injuries, disc lesions or pre-existing conditions that have been accelerated and/or exacerbated. | £13,740 to £24,990 |
| Moderate Neck Injury | (iii) May include soft tissue injuries or cases where pre-existing conditions have been accelerated and/or exacerbated. | £7,890 to £13,740 |
Call our advisors for further information about the whiplash payout scale in the UK and a free estimate of your whiplash compensation.
No Win No Fee Whiplash Claims
If you have had a whiplash injury as a result of another driver’s negligence or reckless driving you could be entitled to make a whiplash with physiotherapy compensation claim. At Legal Expert, we can help you make a No Win No Fee whiplash claim. With no win no fee you won’t have to pay a penny upfront or during your claim. Our costs are recovered as part of the settlement. If you are not successful, you won’t owe a penny.
Call Us Today To Start Your Whiplash With Physio Compensation Claim
Talk to Legal Expert today to start your whiplash with physiotherapy compensation claim. You can call us at 0800 073 8804 to discuss your case. Alternatively, detail your case in an email or use our online chat. We can answer important questions like “how much compensation for my whiplash with physiotherapy?”
While we won’t be able to provide medical advice, meaning we’ll be unable to answer questions like, “how long does physiotherapy take for whiplash?”, we can provide you with a compensation estimate for what you could receive. Contact us at a time that suits you to see if you’re eligible to claim.
Useful Links
How Much Compensation Can You Get For Whiplash?
If you have had to take 3 weeks off work with whiplash symptoms, find out more about making a whiplash compensation claim.
A Guide To Whiplash Symptoms
Do you need physio for whiplash, find out with our guide to whiplash symptoms with Legal Expert.
Whiplash Compensation Calculator
Find out how much compensation for whiplash with physiotherapy 2017 payouts average using our whiplash compensation calculator.
