By Lewis Cobain. Last Updated March 2024. In this guide, we’ll offer information and tips on claiming compensation for whiplash. If you have suffered a whiplash injury in an accident that was not your fault, you may be entitled to claim compensation for this and other injuries you may have experienced in the same incident.
Compensation for Whiplash
The aim of this compensation is to help the injured party get back to the same position they were in prior to the accident. The amount awarded to each injured party is different. It varies depending on the severity of the injuries as well as the total out of the pocket expenses incurred.
If you have any questions about claiming for whiplash, you can contact Legal Expert by phone on 0800 073 8804. Or you can reach us online using our contact form or our live chat service.
Select A Section
- Is There A Whiplash Claims Average Payout?
- What Are The Symptoms Of A Whiplash Injury?
- Top Tips For Proving Whiplash Claims
- How Much Compensation Could I Claim For A Whiplash Injury?
- No Win No Fee Whiplash Injury Claims
- Extra Information On Claiming Compensation For Whiplash
Is There A Whiplash Claims Average Payout?
You may want to know more about the average whiplash claim payout. There is no average because every claim is unique. If you do receive compensation for whiplash, how much you receive will be based on many aspects, including the extent of your injury, to what degree it has negatively impacted you and if any permanent health issues have been caused.
Importantly, you would only be able to claim for an accident that was caused by another person’s negligence. For example, if another road user breached their duty of care and caused you harm as a result.
What Are The Symptoms Of A Whiplash Injury?
The symptoms of whiplash injury vary widely, depending on the circumstances of the accident. A collision at low speed is more likely to result in mild symptoms whereas the symptoms will be more severe in a high-speed collision.
Some of the more common whiplash symptoms range from neck and upper back pain, headaches and dizziness to ringing in the ears, pain in the lower back, arms and legs and difficulty sleeping. In more severe cases, a whiplash injury can also leave a person paralysed.
The time it takes for the symptoms to manifest can also vary widely. The symptoms may be immediately noticeable in one accident victim whereas, in another, it may take a few days or even a few weeks for the symptoms to develop.
Top Tips For Proving Whiplash Claims
Evidence is significant when making any personal injury claim. A solicitor will assess the circumstances of the accident and the degree of your injuries using evidence when attempting to build your case.
Our top tips for proving whiplash claims include:
- Making sure you get sufficient medical attention after the accident. Your injuries being assessed by a medical professional can ensure you receive the correct treatment and diagnosis. Also, the details of the treatment you received can be used as medical evidence during the claim.
- Taking photographs of your injury and the accident site.
- Getting the contact details of anyone that saw the accident. Your solicitor can then contact them for statements.
- Requesting any CCTV footage that may have shown the accident happening.
If you would like further information about the claims process or to learn how much you could get for whiplash, please contact us for free legal advice at a time that works for you.
How Much Compensation Could I Claim For A Whiplash Injury?
You may be wondering how much whiplash compensation you could receive should your claim succeed, and how this amount is calculated. Compensation payouts in personal injury claims are valued on a case-by-case basis, and the legal professionals involved will consider the unique circumstances of each claim.
If your claim succeeds, you will receive general damages. This area of your whiplash payout tackles your injuries and and the pain and suffering they cause. When solicitors and other legal professionals value this area of your claim, they often refer to the Judicial College Guidelines (JCG).
| Injury | Notes | Compensation Bracket |
|---|---|---|
| 1+ Whiplash Injuries + 1+ Psychological Injuries | Lasting 18-24 months | £4,345 |
| 1+ Whiplash Injuries | Lasting 18-24 months | £4,215 |
| Severe Neck Injuries (i) | Neck injuries that are associated with paraplegia. | In the region of £148,330 |
| Severe Neck Injuries (ii) | Injuries involving damage to discs in the cervical spine or serious fractures. | £65,740 to £130,930 |
| Severe Neck Injuries (iii) | Injuries causing damage to soft tissue, fractures, or dislocations. | £45,470 to £55,990 |
| Moderate Neck Injuries (i) | Immediate and serious symptoms caused by fractures or dislocations. | £24,990 to £38,490 |
| Moderate Neck Injuries (ii) | Wrenching-type injuries to the soft tissue or severe disc lesions. | £13,740 to £24,990 |
| Moderate Neck Injuries (i) | Injuries which make a pre-existing condition considerably worse. | £7,890 to £13,740 |
Compensation for whiplash can also include special damages. This area of your claim is aimed towards recouping the financial losses you experience because of your injuries. For example, this could include the cost of:
- Childcare
- Domestic help
- Lost earnings
- Prescriptions and non-prescription medications
You need to provide evidence of your losses in order to claim under this heading. To learn more about compensation in whiplash injury claims, get in touch with our team today.
Will The Whiplash Reforms Affect My Claim?
Compensation for whiplash injuries can vary widely depending on the type and severity of the symptoms. Following the introduction of the Whiplash Injury Regulations 2021, it is now a requirement that if you wish to claim for road traffic accident (RTA) injuries valued below £5,000 in total, then an online Government portal should be used for this process.
Whiplash claims and other RTA injury claims are usually processed through the standard claim procedure if they are valued above £5,000.
No Win No Fee Whiplash Injury Claims
If you are hesitant about hiring a lawyer because of the legal fees involved, you should know that you are at no financial risk at all right through the process. This is because most personal injury lawyers offer their services on a No Win No Fee basis. You may also hear it being referred to as a Conditional Fee Agreement.
A Conditional Fee Agreement means that the lawyer will agree to represent you without charging you any upfront fee. From the beginning right through the court hearing and the legal process, the lawyer bears all costs, including the court fees, consultant’s charges and other miscellaneous expenses. You only pay the agreed-upon fee on condition that the lawyer wins the fee for you. In the rare case that the claim is unsuccessful, you are not liable to pay any legal fees at all. You could say this is definitely a risk-free, win-win situation for you.
This No Win No Fee agreement helps all victims of road accidents get the legal representation that they need without worrying about having to pay any upfront legal fees.
When you hire a personal injury lawyer for your whiplash injuries, the lawyer will work to make sure that you get your compensation in the shortest time possible so that you can get the financial assistance when you need it most.
Extra Information On Claiming Compensation For Whiplash
- The Highway Code: The rules all road users have to follow to prevent accidents and injuries.
- How to claim as a Passenger in a Car Accident?: Our guide to claiming if you were injured as a passenger.
- You can also read our case study guide on a £6,440 payout for whiplash with physiotherapy.
Other Guides You Can Read
- How much can I claim for a head injury? Find out how much compensation you could claim for a head injury with our guide.
- Learn more about neck injury compensation claims by reading our helpful compensation claims guide.
- Our guide offers more information on claiming for an eye injury as well as more insight on how No Win No Fee solicitors could help.
- How Much Compensation Can I Claim For A Facial Injury?
