By Cat Way. Last Updated 1st December 2023. In this guide, we will explore how much compensation for whiplash and back pain you could receive if you make a successful claim. We’ll detail who is eligible to claim for a whiplash payout and how the whiplash claims process has changed.
Our guide will also touch on the difficulties of estimating an average whiplash payout in the UK. Instead of offering an average payout, we will explore some examples of guideline settlements from the Judicial College Guidelines (JCG). We’ll also explain the different types of compensation you could pursue in a whiplash claim and how each type is valued.
Following this, we will discuss time limits in whiplash claims. Finally, our guide will discuss No Win No Fee solicitors and how one of our solicitors could benefit your claim. To learn more about making a whiplash claim, or to get started, contact our team of advisors today.
They can answer any questions you might have about the whiplash injury claims process and can evaluate your claim for free. If they find that your claim could be valid, they may then connect you with a solicitor from our panel. To get in touch:
- Call us on 0800 073 8804
- Use the live chat feature
- Contact us online
Whiplash Compensation Calculator Guide
Find Out More About Making A Whiplash Claim
- How Much Is Whiplash Compensation Worth?
- What Is The Criteria To Claim Compensation For Whiplash?
- How Could The Whiplash Reforms 2021 Affect My Claim?
- How Can A Whiplash Injury Occur?
- What Evidence Do I Need To Claim Compensation For A Whiplash Injury?
- Whiplash Claims – How Long Do I Have To Begin My Claim?
- Make A Whiplash Claim With A No Win No Fee Solicitor
- Learn More About Whiplash Claims
How Much Is Whiplash Compensation Worth?
If you make a successful whiplash personal injury claim, your compensation settlement could include general and special damages.
General damages compensate you for the pain and suffering of your injuries. When valuing this head of claim, legal professionals may refer to the Judicial College Guidelines (JCG). This document provided compensation guidelines for various injuries. We have included some of the amounts listed in the 16th edition of the JCG in the table below. These figures should only be used as a guide.
As we have previously mentioned, claims made for whiplash may be subjected to the Whiplash Reform Programme. In this instance, your whiplash injuries will be valued in line with the tariff set out in the Whiplash Injury Regulations. These are set amounts, and we have included some in the table below.
| Injury | Severity | Notes | Compensation Amount |
|---|---|---|---|
| Severe Injuries – Multiple | Severe | Multiple severe injuries in conjunction with substantial financial losses, such as lost earnings, the cost of mobility aids, and the cost of prescriptions. | Up to £170,000+ |
| Neck Injury | Severe (i) | This type of injury is usually associated with incomplete paraplegia or results in spastic quadriparesis that is permanent. | In the region of £148,330 |
| Neck Injury | Severe (ii) | Serious damage or fractures to the cervical spine discs which result in considerable disabilities. | £65,740 to £130,930 |
| Neck Injury | Severe (iii) | Severe soft tissue damage, dislocations or fractures that lead to a permanent and significant disability. | £45,470 to £55,990 |
| Neck Injury | Moderate (i) | Severe immediate symptoms due to a fracture or dislocation. The injury may also require spinal fusion. | £24,990 to £38,490 |
| Neck Injury | Moderate (ii) | Disc lesions or wrenching-type injuries that may result in cervical spondylosis with seriously limited neck movement. | £13,740 to £24,990 |
| Neck Injury | Moderate (iii) | A neck injury that exacerbated or accelerated an already existing condition by less than 5 years. | £7,890 to £13,740 |
| Shoulder Injury | Severe | Usually associated with neck injuries and involve damage to the brachial plexus. | £19,200 to £48,030 |
| Post-Traumatic Stress Disorder | Moderate | The person will have made a significant recovery and any persisting symptoms will not be major. | £8,180 to £23,150 |
| Whiplash With Psychological Injuries | One Or More Injuries | Lasting 18-24 months | £4,345 |
| Whiplash | One Or More Injuries | Lasting 18-24 months | £4,215 |
Special damages is the head of claim that compensates you for the financial losses and expenses you have experienced due to your injuries. Some examples of the losses you could claim back under special damages include:
- A loss of earnings.
- Medical expenses.
- Travel costs.
- Care costs.
Providing evidence of these losses could help support your claim, such as payslips and invoices.
Contact our advisors today for a free valuation of your claim. They could also help answer any questions you may have, such as ‘How much is a whiplash compensation claim worth?’ and ‘What is the average whiplash payout?’
What Is The Criteria To Claim Compensation For Whiplash?
In order to make a claim for whiplash compensation, you must be able to prove that you were owed a duty of care, and this duty of care was breached, causing you to suffer injuries. This criteria applies to all personal injury claims, including road traffic accident claims.
A duty of care is a legal responsibility for the health and safety of others. All road users owe one another a duty of care, meaning that they must navigate the roads in a way that prevents harm to themselves and others. Part of this duty is complying with the Road Traffic Act 1988, as well as the mandatory rules outlined in the Highway Code. If another road user fails to uphold their duty of care, and you suffer whiplash injuries as a result, then you may be able to make a claim for compensation.
Contact our advisors to learn about how much compensation for whiplash and back pain you could receive if your claim succeeds and why an average whiplash payout for UK claims can be hard to calculate. They can also advise you on whether you have a valid claim.
How Could The Whiplash Reforms 2021 Affect My Claim?
The Whiplash Reform Programme introduced changes to claims made when seeking compensation for whiplash injuries from May 2021. The changes affect claims made for injuries that a driver or passenger over the age of 18 sustained in a car accident.
The changes mean that any claims where injuries are valued at £5,000 or less need to be made through the government’s online claims portal. However, any claims where the injuries are valued at more than £5,000 don’t have to go through the online portal.
Despite whether you’re making a claim through the government portal, you can still seek legal representation from No Win No Fee solicitors.
Additionally, you may consider your injuries to be worth less than they actually are. However, they may be more severe than you realise meaning you could seek a higher whiplash compensation amount.
For that reason, we would encourage you to still get in touch with our team to assess your claim. They can provide an estimate of how much your claim may be worth. In turn, this can help you better understand the steps you need to take.
How Can A Whiplash Injury Occur?
There are a wide range of ways whiplash can be caused. Predominantly, though, whiplash is seen as a result of vehicle accidents, such as bus accidents, taxi accidents or pedestrian accidents.
Additionally, some examples of how you could have sustained this type of injury might include:
- Car accidents – A driver may have failed to indicate when changing lanes and as a result, they may have crashed into the side of another car. Due to the impact, the driver of the other car may have sustained a soft tissue injury to their neck.
- Motorcycle accidents – A motorcyclist may have failed to adhere to the speed limits resulting in them taking a sharp bend in the road too quickly. As a result, the driver of an oncoming vehicle may have needed to brake suddenly to avoid a collision, causing them to sustain a whiplash injury.
- Cycling accidents – A driver may have failed to check their mirrors when overtaking on a narrow road. As a result, they may have hit a cyclist off their bike causing them severe neck strain amongst other injuries.
If you’ve experienced something similar, please don’t hesitate to get in touch with our team. They can assess your claim and help you take steps to get any whiplash compensation you are entitled to. Receiving compensation for the average whiplash claim revolves around proving that third-party negligence caused your injury.
Can I Be Compensated If I Was Injured By An Uninsured Driver?
Have you been injured in an accident with an uninsured or untraceable driver? In that case, it’s possible to make a claim through the Motor Insurer’s Bureau (MIB).
The MIB can potentially help people if they have suffered a whiplash injury in a road traffic accident caused by an uninsured or untraceable driver. Since the driver responsible is unable to provide the money for compensation in such cases, compensation is covered by the MIB instead. All vehicle insurance companies are required to contribute to the MIB.
Our road traffic accident solicitors could potentially help with your claim if you’re currently in a similar position. You can contact our team of advisors online or on the phone to ask about MIB payout amounts when claiming for whiplash.
What Evidence Do I Need To Claim Compensation For A Whiplash Injury?
To improve your chances of receiving a payout for a whiplash injury, you should obtain evidence that can prove negligence occurred. It’s important to provide proof of any injuries you endured and the impact of these injuries.
In order to give you an idea of what evidence might be used to support your whiplash compensation claim, we’ve listed some examples below:
- Medical evidence, such as hospital records or a diagnosis from a medical professional, can offer insight into what injuries you’ve sustained and their impact.
- Photographic evidence, including photographs of your injuries and any damage to your vehicle.
- If there were any witnesses to your accident, ask for their contact details as they may be able to provide a statement later on.
- Proof of any financial harm you may have suffered, such as bank statements, wage slips, invoices and receipts.
For free legal advice on making a whiplash claim in the UK, get in touch at any time. Whether or not you find our guidance helpful, you won’t be obligated to use our services afterwards. If you do wish to continue working with us, we may be able to connect you to No Win No Fee solicitors.
Whiplash Claims – How Long Do I Have To Begin My Claim?
There is a time limit in place if you wish to start a claim for whiplash injury compensation through a personal injury claim. The Limitation Act 1980 sets out this time limit as three years and begins on the date of your injuries.
However, you may still be able to make a whiplash compensation claim even if you don’t fall within this time limit. For example, if you sustained whiplash while under the age of eighteen, the time limit doesn’t begin until you turn eighteen. A litigation friend can claim on your behalf before then, or you can make your own claim before you turn twenty-one.
Similarly, the time limit is suspended for those who lack the mental capacity to claim for themselves. In these cases, the claim can be made by a litigation friend. Otherwise, the time limit only comes back into force if the claimant regains the needed capacity.
Our advisors can give you more advice on making a whiplash claim within the time limit. Get in touch today to get started.
Make A Whiplash Claim With A No Win No Fee Solicitor
You may wish to have legal support if you have valid grounds to claim for a whiplash injury after a road traffic accident such as a car accident. A whiplash claim could be made with the help of one of our No Win No Fee solicitors. They could assist you with gathering evidence and ensuring your case is filed in full within the correct limitation period.
One of our solicitors may offer to support your whiplash claim under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). With this arrangement in place, you won’t need to pay any upfront or ongoing fees for your solicitor’s services. Also, if your claim is unsuccessful, you won’t need to pay your solicitor for their work.
If your claim is successful, then your solicitor will receive what’s called a success fee. This is usually a small and legally capped percentage deducted from the compensation awarded to you.
To learn more about how a No Win No Fee solicitor could help with your personal injury claim, you can contact our advisors. They can provide free advice about your potential case. To contact our team, you can:
- Phone us on 0800 073 8804
- Use our website’s contact page
- Message us through our 24/7 live chat
Learn More About Whiplash Claims
In this final section of our compensation for whiplash claim guide, we have more links that you may find useful. We have included guides on various types of road traffic accidents including those involving cyclists.
- For more advice on making a claim for a whiplash injury, you can read our separate guide, which asks, ‘Can a whiplash claim be refused?’.
- Visit our guide on Motor Insurers Bureau claims involving road accidents with uninsured or untraceable drivers.
- For more information on drink driving car accident claims, see our guide.
- See our guide on how to claim for a rear shunt accident.
We hope this guide on whiplash compensation has been useful, but you are welcome to contact our team if you would like extra support. Our advisors can answer questions on matters such as whiplash claim amounts or potentially provide support if you have a valid whiplash claim of your own to make. Please get in touch using the contact details featured on this page.
