In this guide, we will discuss how much compensation for whiplash could be awarded following a successful personal injury claim for a road traffic accident. You can also find information on who could be eligible to start a claim and what evidence can be used to support it.
How Much Compensation For Whiplash?
A duty of care is owed by users of the road when they are navigating the roads, including drivers and riders. If this is not adhered to it could lead to an accident in which you sustain harm, such as a whiplash injury. We will look at examples of how this could occur throughout our guide.
Additionally, we will discuss the ways in which a solicitor from our panel could help you and help you understand whether they could represent your case on a No Win No Fee basis.
To learn more about the road traffic accident claims process, you can get in touch with an advisor from our team using the contact details below:
- Telephone: 0800 408 7826
- Online form: Contact us via the form on our website
- Live chat: Chat with an advisor via the live chat feature below.
Jump To A Section
- How Much Compensation For Whiplash?
- When Could You Make A Whiplash Injury Claim?
- How Long Do You Have To Claim For Whiplash?
- Claim For A Whiplash Injury Using Our Panel Of No Win No Fee Solicitors
- Learn More About Claiming For Driver Negligence
How Much Compensation For Whiplash?
After making a successful personal injury claim for a road traffic accident, you could be awarded two heads of claim. Firstly, special damages compensate for the financial losses, both past and future, that have been incurred due to your injuries. This can include lost earnings and care costs.
Secondly, general damages seek to compensate you for the pain and suffering, both emotional and physical, that your injuries have caused.
Legal professionals can consult a publication called the Judicial College Guidelines (JCG) which lists guideline compensation brackets for different injuries and levels of severity. We have included some of these in the table below. You should use these figures as a guide only.
However, the two whiplash figures are from the tariff which is found in the Whiplash Injury Regulations 2021. These amounts are fixed.
Award Brackets
| Injury Type | Level Of Severity | Amount - Guideline | Additional Notes |
|---|---|---|---|
| Whiplash | One or more whiplash injuries with one or more minor psychological injuries | £4,345 | Symptoms lasting 18-24 months. |
| Whiplash | One or more whiplash injuries | £4,215 | Symptoms lasting 18-24 months. |
| Neck Injury | Severe (iii) | £45,470 to £55,990 | Soft tissue damage that is severe in nature and tendons that have been ruptured. This leads to chronic conditions and a permanent and significant disability. |
| Neck Injury | Moderate (i) | £24,990 to £38,490 | Serious soft tissue injuries that affect the neck and back together. |
| Neck Injury | Moderate (ii) | £13,740 to £24,990 | Soft tissue or wrenching-type injury. |
| Neck Injury | Moderate (iii) | £7,890 to £13,740 | Moderate soft tissue injuries that have a fairly protracted recovery period. There is also an increased risk of vulnerability to future trauma. |
What Are The Whiplash Reforms?
Adult drivers and passengers with injuries that are valued at £5,000 or less need to claim in a different way. This is as per changes brought in by the Whiplash Reform Programme. Additionally, any whiplash injuries will be valued using the tariff, as mentioned above.
If additional injuries take the total value over £5,000 a claim can be made via the traditional route, but the set tariff amounts will still be used to value whiplash-related injuries. Any injuries not included in the tariff, such as a broken forearm, a fractured leg, a wrist injury and an ankle injury, will be valued in the traditional way.
For more information on how much compensation for whiplash you could receive after making a successful claim, get in touch on the number above.
When Could You Make A Whiplash Injury Claim?
You may be eligible to start a personal injury claim for injuries sustained in a road traffic accident if you can demonstrate:
- A duty of care was owed to you by another road user.
- This duty of care was breached.
- You sustained either physical or psychological injuries, or both, as a result of the breach. These points form the basis of negligence.
The duty of care road users owe one another is set out in the Road Traffic Act 1988. It states that they need to navigate the roads in a way that avoids themselves and others from becoming injured. Also, in the Highway Code, there is guidance on the different responsibilities road users have, including drivers and riders.
If a road user failed to uphold their duty of care and you sustained injuries as a result, you may be eligible to seek compensation. For example, a driver may have failed to see you stopped at a set of traffic lights because they were using their phone while driving. As a result, you may have sustained whiplash in a rear-end collision.
To discuss your specific case, get in touch on the number above.
How Long Do You Have To Claim For Whiplash?
The standard time limit for making a personal injury claim for a road traffic accident is three years. This often starts from the date of the accident or injury. The Limitation Act 1980 sets out the time limit.
However, exceptions can be made in certain circumstances. For example, if the injured party is under 18, the time limit is paused. While this time limit suspension is in place, a claim can be made on their behalf by a court-appointed litigation friend. Alternatively, they have until they turn 21 to begin legal proceedings.
For those who lack the mental capacity to pursue their own claim, there is an indefinite suspension placed on the limitation period. During this time, a litigation friend could pursue the claim on their behalf. If the person recovers their capacity, they will have three years to pursue their own claim from the date of recovery.
To learn more about how much compensation for whiplash you could receive and how long you have to pursue your potential claim, get in touch on the number above.
Claim For A Whiplash Injury Using Our Panel Of No Win No Fee Solicitors
The personal injury solicitors from our panel could help you seek compensation for whiplash. They have experience handling cases of this nature and could offer their expertise to guide you through the claims process.
Additionally, they offer services under No Win No Fee terms. For example, they can offer a Conditional Fee Agreement (CFA) which normally means no upfront or ongoing fees are required for their services. There is also no fee for work they have completed on your case if it is unsuccessful.
Upon the completion of a successful claim, your solicitor can take a percentage of your compensation. However, there is a legal cap in place that restricts the amount they can take.
For more information on the services offered by our solicitors and whether you could be eligible to have them represent your case, get in touch. You can reach an advisor via the following details:
- Telephone: 0800 408 7826
- Online form: Contact us via the form on our website
- Live chat: Chat with an advisor via the live chat feature below.
Learn More About Claiming For Driver Negligence
Below, you can find more of our guides relating to personal injury claims:
- How Much Compensation For A Broken Foot In A Public Place?
- How Much Compensation For A Torn Achilles Tendon?
- A Guide On Claiming Compensation For A Facial Scar
Additionally, we have provided some external resources that you may find helpful:
- Whiplash – NHS
- Road accident and safety statistics – GOV
- Advice for road users – Think!
Thank you for reading this guide on how much compensation for whiplash you could receive if you make a successful claim. If you have any other questions, please get in touch via the number above.
Written by FF
Checked by AN