By Lewis Winehouse. Last Updated 7th July 2023. In this guide, we’ll discuss whiplash compensation payouts you could potentially receive if you have strong grounds to make a personal injury claim.
Many people assume that whiplash is a minor injury, but this isn’t always the case. Whiplash can have long-term effects on a person’s life.
Whether your injuries are major or minor, if the accident you were involved in was not your fault, you will be entitled to compensation. This is something we have many years of experience in, having helped hundreds of whiplash injury victims to get the maximum amount of compensation.
Read on to discover more.
Jump to a Section:
- What is whiplash?
- Whiplash Compensation Payouts – Do I Need Evidence To Claim?
- Claiming For Whiplash – Time Limits
- Whiplash accident at work claims
- Whiplash bus accident claims
- Claiming For Whiplash – Can It Be Done As A Passenger?
- What Can The Average Whiplash Settlement Claim Include?
- What are the symptoms of whiplash?
- Assessing the severity of your whiplash injury
- Average payout for whiplash
- Get In Touch For More Information On Making Whiplash Claims With A No Win No Fee Lawyer
Whiplash is a relatively common injury. It happens when a person is suddenly jolted forward and then backward, or side-to-side. This causes the soft tissues in
the neck to become damaged and stretched. This rapid movement usually happens during road traffic accidents, but it can happen in other incidents, such as work accidents. Noting how the accident happens is crucial when considering how much compensation for a whiplash injury you could claim for.
To claim compensation for a whiplash injury you will need evidence regardless of whether you are claiming through the government portal or making a traditional personal injury claim. You will need to prove both that you suffered a whiplash injury and that it was caused by negligence.
As stated above, whiplash compensation payouts must now be claimed through a government portal if the injuries are minor. If using the portal, a medical assessment will be arranged as part of the process once liability has been agreed. However, if you are making a traditional personal injury claim, you might be required to attend an independent medical assessment. A solicitor could arrange this for you. Following your injury, you might have attended a hospital or seen a GP; your medical records could also support your claim.
Photographs you take at the scene of the accident, or of your vehicle could potentially show who was at fault for the accident. You may also have witness contact details, which your solicitor could use to get a statement. Dashcam, doorbell and mobile phone footage could also be helpful.
If you’re wondering, ‘how much is a whiplash claim worth?’ keep reading to find our compensation section and table. Alternatively, get in touch with our advisors for a free estimation of how much whiplash compensation you could receive.
Click Here To Learn More About Car Accident Claims
There are times limits that must be adhered to when pursuing whiplash claims. A payout could be denied if the claim becomes statue barred. When claiming for whiplash, you generally need to start your claim within three of years of the accident that caused your whiplash or when your whiplash was connected to negligence. This is set by the Limitation Act 1980.
However, certain circumstances suspend the time limit. These include:
- A person under the age of 18 cannot represent themselves in legal proceedings. Claiming for whiplash could be done on their behalf by a litigation friend while the time limit is suspended. If they turn 18 and a claim for whiplash has not been started on their behalf, they will have three years from their 18th birthday to start one.
- A claimant lacking the mental capacity to claim whiplash compensation will suspend the time limit indefinitely. However, a litigation friend could claim on the injured party’s behalf. Should they regain their capacity, they will have three years from that date to start their claim.
Call our advisors to learn how to start a whiplash claim.
As mentioned, whiplash is an injury that is not only sustained through road traffic accidents. A lot of whiplash claims are made as a consequence of accidents at work.
All employers have a responsibility to provide a safe working environment for their employees. If they have failed to do this – no matter whether they did not provide the correct training or they ignored risk assessment findings – you could be able to make a claim. We can help you to get the maximum amount of compensation you are entitled to, so don’t hesitate to give us a call.
Whiplash claims can also be made if you’re a passenger on public transport, such as a bus, and find yourself falling victim to an accident that wasn’t your fault. If a third party was liable for the subsequent whiplash that you sustained, you could be eligible to claim whiplash compensation. And we can advise on what compensation for whiplash injury claims is feasible.
Over the years, we have helped several personal injury victims to make whiplash bus accident claims. No matter whether you were travelling on public transport or a privately booked mini bus, we can help you to get the compensation you deserve. This also applies to whether your driver was to blame or someone else was at fault.
As mentioned above, passenger accident claims can be made for injuries suffered in car crashes. Each passenger needs to make a separate claim as each successful claimant will be awarded their own whiplash injury compensation.
If you’re wondering how to claim for whiplash as a passenger, much like with driver claims it will depend on the value of your injuries. If you suffered minor injuries valued at £5,000 or less, when claiming for whiplash, you would do so through the Whiplash Reform Programme. If you are successful, your whiplash claim payout will come from the Whiplash Injury Regulations 2021 tariff of injuries amount. We discussed further eligibility criteria previously.
Your injuries may be valued at higher than £5,000. If this is the case, you will need to make a personal injury claim. We look at how pain and suffering for a car accident can be valued further into this guide.
It is vital that you claim for the correct amount. This is because once your claim is settled, it cannot be reopened. Additionally, if you are including special damages in your claim, this may affect whether you go through the Whiplash Reform Programme or file a personal injury claim.
If you have any further questions about whiplash compensation, please call our advisors. All legal advice about your passenger accident claim is free. Furthermore, they can value your claim to help you decide which process is best.
You may be wondering what the average whiplash settlement is worth. Since compensation is awarded on a case-by-case basis, we cannot offer an average amount. However, we can provide insight into what your claim could include.
How much a whiplash claim is worth depends on a number of factors, including the severity of your injuries. Should your claim succeed, your compensation could be made up of two heads. These are:
- General damages: This head of claim provides compensation for your injuries and the way they affect your life. For example, the pain and suffering you go through is considered under this heading, as is any loss of amenity you suffer as a result.
- Special damages: This head of claim allows you to claim back the financial losses you experience as a direct result of your injuries. For example, this could include lost earnings, medical bills, or travel expenses to and from hospital appointments. Similarly to general damages, you must be able to prove your losses in order to claim them back.
Keep reading to learn more about compensation and how much you could get for a whiplash claim in the UK, or contact our team today.
Before clarifying how much compensation for a whiplash injury, let’s look at how to identify whiplash itself. So, whiplash symptoms do not always show themselves straight away. In some cases, symptoms of whiplash aren’t immediately obvious after a car crash. However, a few hours or even a day later, the pain can worsen and become impossible to ignore.
This is why it is important to see a doctor as soon as possible after an accident that wasn’t your fault. No matter how minor your injuries may seem, a medical professional can not only tend to your injuries but log them into your medical records that may be accessed to evidence future whiplash claims.
Some common symptoms of whiplash include:
- Headaches at the base of the skull, which radiate towards the forehead
- Stiffness or pain when moving your head
- Pain when rocking your head backwards and forward or from side-to-side
- Tightness in the neck
- Decreased range of motion
- Muscles may feel knotted or hard
- Numbness or tingling in the arms
Some people also experience the following symptoms as a result of their whiplash injury:
- Memory problems
- Difficulty concentrating
- Sleep disturbances
- Ringing in the ears (tinnitus)
- Blurred vision
Personal injury claims are valued based upon the severity of claimants’ suffering, including how they may be potentially affected in the future.
Following the introduction of the Civil Liability Act 2018, whiplash compensation cannot be awarded without injuries being backed up by medical evidence. Therefore, you must undergo a medical evaluation as soon as possible to support any whiplash claims you may make.
If you have not seen a medical professional yet but intend to claim whiplash compensation, we can arrange an appointment for you using our extensive medical network. If you choose to work with us, this service will be free of charge to help get you the compensation that you deserve as quickly as possible.
Because claims are valued on a case-by-case basis, it is difficult to provide an average payout for whiplash. However, we can offer some more insight into how much a whiplash claim could be worth, and how these amounts are calculated.
As we’ve already mentioned, following a successful claim, you will receive general damages, which compensates you for the pain and suffering your injury has caused you.
Any additional injuries you suffered will be valued traditionally. Many legal professionals will refer to the Judicial College Guidelines (JCG) when valuing claims. This is because the JCG provides guideline compensation brackets 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 be used as a guideline only.
|Injury type and severity.||Details.||Compensation bracket.|
|Severe Neck Injury (i)||The neck injuries in this bracket are associated with paraplegia that’s incomplete.||In the region of
|Severe Neck Injury (ii)||Disc damage and serious fractures leading to disabilities.||£65,740 to
|Severe Neck Injury (iii)||Cases in this bracket include a dislocation leading to permanent and significant disabilities.||£45,470 to
|Moderate Neck Injury (i)||Cases in this bracket include a fracture or dislocation that needs a spinal fusion.||£24,990 to
|Moderate Neck Injury (ii)||Wrenching or soft tissue injuries that cause several issues such as with movement or ongoing pains.||£13,740 to
|Moderate Neck Injury (iii)||Injuries to the soft tissue with a long period of recovery||£7,890 to
|Severe Back Injury (ii)||Cases will have special features such as damage to nerve roots.||£74,160 to £88,430|
|Severe Shoulder Injury (a)||There will be damage to the brachial plexus.||£19,200 to £48,030|
|Whiplash Injury 2(1)(a)||Whiplash injuries that last more than 18 months but not more than 24 months.||£4,215|
|Whiplash Injury 2(1)(b)||Whiplash paired with psychological injuries that last more than 18 months but not more than 24 months.||£4,345|
For more information on making a claim for whiplash, contact our team.
How Could The Whiplash Reforms Affect My Payout?
As mentioned briefly, the Whiplash Reform Programme means that adult passengers and drivers need to make their claim in a different way if they have sustained injuries worth £5,000 or less. Also, any whiplash injuries they sustained will be valued differently.
If you are affected by the whiplash reforms, the whiplash claim amount you receive for your whiplash injuries will be valued in accordance with the tariff set out in the Whiplash Injury Regulations 2021. These are fixed amounts, some of which have been included in the table above.
Any additional injuries not included in the tariff will be valued traditionally.
To learn more, call our team on the number above.
If you are eligible to make a whiplash claim, one of the lawyers on our panel may be able to help you with your case. Furthermore, they may offer you a Conditional Fee Agreement. This is a type of No Win No Fee arrangement.
When making a claim with a No Win No Fee lawyer, you will not be expected to pay them anything upfront or during the process of your claim for their services. Furthermore, if your claim fails, you will not have to pay them for the work they have provided.
Should your lawyer succeed with your claim, you will pay them a success fee. This fee is deducted directly from your compensation award, and the percentage that this success fee can be is legally limited.
To find out if you could be eligible to work with one of the lawyers on our panel, you can contact our advisors. They are available 24/7 to offer you free advice and could help answer any questions you may have about whiplash payouts for successful claims.
You can contact them by:
Here are some further resources:
This link takes you to the NHS page on whiplash. You will find plenty of useful information regarding symptoms when to get medical advice, whiplash causes, and treatments.
This link takes you to the UK Government’s page for the whiplash claims process. It reveals the outcome of a recent consultation process regarding such claims, and you will be able to read about several important policy decisions and information on the whiplash claims law change.
Also, some of our alternative claims guide could also be of use to you:
- Road traffic accident compensation claims
- How to claim if you were knocked off your bike by a car pulling out of a driveway
- Claim compensation for an accident when merging into traffic
- I got hit by a drunk driver, can I claim compensation?
- What to do if you get run over by a vehicle
- 10 things you should know about the Motor Insurers’ Bureau (MIB)
- How to claim compensation through the MIB
- Hit and run compensation claims
- Claiming whiplash after being hit from behind by a car
- How do I know if I have a valid whiplash claim?
- What is the whiplash recovery time?
- How long should I be off work for with whiplash?
- How long after a car accident can you claim compensation?
- How to make a fatal road accident claim
- Car passenger accident and injury claims
- How to claim for tinnitus after a car accident
- How to claim for an accident involving a foreign vehicle
- Compensation payouts for cyclists hit by a car
- Cycle accident claims
- Bus accident claims
- Emergency services vehicle accident claims
- Taxi accident claims
- Roundabout car accident claims
- Non-fault accident compensation claims
- Car accident claims
- Accident with a stolen car compensation claims
- Fatal motorbike accident compensation claims
- Motorcycle accident claims
- How to claim compensation for anxiety after a car accident
- Claiming for a road accident without a seat belt
- Tennis elbow injuries after a car accident
- Accident as a pedestrian claims
- Claim compensation for a back injury after a car accident
- How to claim for nerve damage after a car accident
- Rear shunt accident claims
- I was hit by a stolen car, who pays for the damage?
- Hit by a learner driver on a lesson claims
- How to claim compensation if you’ve been involved in an accident with an HGV or lorry
- I had an accident on a moped, can I claim?
- What is a motor vehicle injury claim?
- Road traffic accident caused by animals claims
- I was injured as a passenger, can I make a claim?
- Pothole injury compensation claims
- My insurance company wants me to pay an excess
- Child car accident compensation claims
- Mud on road car accident claims
Do you still have any questions regarding how much compensation for a whiplash injury you could claim? Or perhaps you have other questions related to whiplash claims? If so, you are welcome to contact Legal Helpline for advice. You can reach our advisors by either calling the phone number included in this guide, or by using our online enquiry form.