By Danielle Jordan. Last Updated 26th June 2024. Welcome to our guide on delayed whiplash injury claims. You may be experiencing whiplash symptoms that are delayed, causing you to wonder if you’re able to claim. Whiplash is one of the most common injuries sustained in the UK. Most people tend to suffer whiplash when they have been involved in a road traffic accident. However, other incidents, such as slips, trips, and falls, could also cause a delayed onset whiplash injury.
One of the most worrying things about whiplash is that symptoms are often delayed; some people don’t experience pain and limited movement straight away. It can often take days or weeks and sometimes even months. If this sounds familiar, you still have a right to claim compensation, and we can help you secure the payout you deserve.
Furthermore, we will also explain what the new Whiplash Reforms are and how they could affect the amount of compensation you could receive.
This guide will answer many of your questions regarding claiming compensation for delayed neck pain after a fall. However, if you prefer, you can contact us completely free of charge at a time that works for you. You can call us on 0800 073 8804, contact us through our website or send us your query using the live chat window on this page.
Read on to learn everything you should know about claiming personal injury compensation for your neck strain and whiplash pain.
Select a Section
- What Is Delayed Whiplash?
- Can I Claim Compensation For Delayed Whiplash?
- Evidence For Whiplash Injury Claims
- How Is Whiplash Compensation Calculated?
- How Much Compensation Could I Get For Delayed Whiplash?
- No Win No Fee delayed whiplash claims
What Is Delayed Whiplash?
Delayed whiplash is an injury to your neck, shoulders or back which impacts the muscles and tendons, usually in the form of a sprain or strain or in some cases a tear.
The nature of this injury means that symptoms may not be noticeable right away. Instead, they may develop over the course of a few days.
Some people think that because the injury wasn’t present at the time of the accident, they cannot claim. This isn’t the case, as we explain below.
Can I Claim Compensation For Delayed Whiplash?
If you have been involved in a road traffic accident, you may wonder whether you are eligible to claim compensation for whiplash. In order to claim, you must prove that the accident that resulted in your injuries was caused by another road user breaching their duty of care. A breach of duty of care that results in injury is known as negligence.
All road users owe each other a duty of care. Pedestrians, cyclists and motorists are all considered as road users. Per their duty of care, they must use the roads responsible to avoid causing harm to themselves and others. Additionally, they must follow the rules and guidance set out for them in the Road Traffic Act 1988 and the Highway Code. If another road user were to breach this duty of care, this could result in you being injured in a road traffic accident, and you could be eligible to make a personal injury claim.
However, how certain low-valued road traffic accident claims are made in England and Wales has changed due to the Whiplash Reform Programme. This includes claims being made for whiplash. Later in this guide, we will discuss this in more detail.
Call our advisors to discuss your road traffic accident claim. They could offer you free advice and answer any questions you have, such as ‘Could I make a claim for delayed whiplash?’
Is There A Time Limit For Claiming For Delayed Whiplash?
If you have valid grounds to make a claim for whiplash, then you should be aware that there is a time limit for beginning this process. The Limitation Act 1980 sets out that there is generally a three-year time limit for starting a personal injury claim. This time limit usually starts from the date of the accident that caused your injury.
In certain circumstances, the time limit can work differently. For instance, if a child suffers a whiplash injury, then the time limit will be suspended until their 18th birthday. A claim could be made on the child’s behalf by a court-appointed litigation friend before this date. If, however, this does not happen, then the injured child will have three years to start their own claim once they reach the age of 18.
Should the injured party lack the mental capacity to make a whiplash injury claim, then the time limit will be suspended indefinitely. A claim could be made on the injured party’s behalf by a litigation friend. If the injured party later recovers this mental capacity, and a claim hasn’t been made already, then the three-year time limit will start from the date of recovery.
If you would like to learn more about any aspects of claiming for a whiplash injury, you can contact our team of advisors online or on the phone today.
Evidence For Whiplash Injury Claims
Whether you suffer immediate or delayed pain after a fall, you’ll need evidence to prove your injury if you wish to claim. Without evidence, you are unlikely to be awarded personal injury compensation.
Below are some examples of evidence you could collect for your claim:
- Witness statements – make sure to ask for the contact details of any witnesses to your accident. They may provide a statement about what happened.
- Medical evidence – obtain any records from your hospital or GP that show you were treated for your whiplash injury.
- A diagnosis – you should visit an independent medical professional that can assess your injuries. Their diagnosis can prove the extent of the harm you suffered.
- CCTV footage – if your accident happened in a public place, or anywhere that might have CCTV, you can request the footage.
One of our expert personal injury solicitors could help you gather evidence, please don’t hesitate to get in touch. With years of experience, they’ll know exactly what bases to cover to improve your chances of receiving compensation.
How Much Compensation Could I Get For Delayed Whiplash?
When you suffer a neck injury caused by whiplash that was not your fault, you could be owed compensation. Though your compensation may be different if you need to claim through the Whiplash Reform Programme, there can be instances where you will be ineligible to claim in this way. For example, your claim may be worth over £5,000, or the claimant may be under 18.
If so, you could claim through a normal personal injury claim, which will include general damages and potentially special damages. When legal professionals are working out the value of these claims, they do so by reading various materials that aid them in their calculations.
Whiplash Reform Programme
When seeking compensation for whiplash injuries or other injuries valued at £5,000 or less, you must proceed with your claim through the government portal as per the Whiplash Reform Programme. However, your claim must meet certain criteria in order to be eligible to claim in this way.
Your claim must:
- Be worth £5,000 or less
- Have taken place on or before 31st May 2021
- Be for a driver or passenger aged 18 or over
- Be regarding an accident in England or Wales
You can claim for any road traffic accident through the government portal that adheres to the stipulations above.
If your injuries are valued above £5,000 you would need to make your claim the traditional way. We would advise calling to have your claim valued for free to understand the avenue you must take to seek compensation.
Can I Claim For Financial Losses Caused By My Whiplash Injury?
Yes, it’s possible to recover any financial losses you’ve incurred because of your injury. Some examples of what you can seek compensation for include:
- Medical expenses – This could be anything from medication charges to counselling expenses.
- Travel expenses – You may have needed to organise alternative transport during your recovery due to being unable to drive or perhaps you need to cover the cost of hospital parking.
- Loss of earnings – If you have lost income because you have been unable to work while you recover, you will be able to claim for this. You can also claim for loss of anticipated earnings if you’re off work for an extended period of time.
- Care claim – If you have needed help around your home while you recover, the person who cared for you will be able to file a care claim.
No Win No Fee delayed whiplash claims
If you are eligible to claim compensation for your whiplash symptoms that are delayed, you may wish to do so with legal representation. If so, one of our personal injury solicitors could support your claim. They typically provide their legal services under a type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).
Under this type of agreement, your solicitor generally won’t take payment upfront or ask for you to pay any ongoing costs for their services. They also won’t charge you for the work done on your case if you are not awarded compensation following an unsuccessful claim.
However, if you are awarded compensation following a successful claim, your solicitor will take a success fee from your settlement. This amount is a percentage that is capped by the law.
If you suffered delayed neck pain after a fall and would like to find out if you could be eligible for compensation, speak with our advisors. They can assess your claim, and if you meet the eligibility requirements, you could be connected to one of our No Win No Fee solicitors.
To speak with an advisor:
- Fill out our ‘claim online’ form and an advisor will call you back.
- Call 0800 073 8804
- Connect to an advisor instantly using our live chat.
Helpful links
Car accident compensation advice
Check out our guide to car accident claims. It explains starting a car accident claim, what damages to claim for, average payout amounts and much more.
This link takes you to our whiplash claims calculator page. And this gives you a good understanding of how much compensation you may receive for your delayed whiplash claim.
