If you have been injured in an accident that took place on the road because another road user, such as a driver or motorcyclist, did not uphold the duty of care they owed, you may be wondering ‘how much compensation for whiplash and back pain could I receive?’. As you move through this guide, you will find information on when you could be eligible to seek personal injury compensation and how much you could be entitled to.
Additionally, we will discuss the duty of care road users owe one another and the legislation that outlines the responsibilities they have.
If another road user breached their duty of care and this resulted in you sustaining harm, this is negligence. We will provide examples of how this could lead to a road accident, such as those involving cars, lorries and motorcycles.
To conclude, we offer an insight into the benefits of working with a No Win No Fee solicitor.
For more information on road traffic accident claims, please get in touch with an advisor. They can offer free advice and answer any questions you have regarding your case. To reach them, you can:
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- How Much Compensation For Whiplash And Back Pain?
- When Can You Claim For Whiplash And Back Pain?
- How Could A Road Traffic Accident Occur?
- Use Our Panel Of Road Traffic Accident Solicitors To Claim On A No Win No Fee Basis
- Read More About Claiming Car Accident Compensation
A personal injury settlement awarded following a successful claim can include:
- Compensation for the pain and suffering, both physical and emotional, caused by your injuries. This is awarded under general damages.
- Compensation for any financial losses caused by your injuries, such as care costs and loss of earnings. This is awarded under special damages.
Legal professionals can refer to a publication called the Judicial College Guidelines (JCG) to value this head of claim. This document lists guideline award brackets for various types and severities of injuries. You can find some of these figures in the table below. However, you should only use them as a guide.
The table also contains figures from the whiplash tariff set out in the The Whiplash Injury Regulations 2021. These are fixed amounts.
|(a) Severe (i)
|£91,090 to £160,980
|An injury involving spinal cord and nerve root damage.
|(a) Severe (ii)
|£74,160 to £88,430
|Cases in this bracket have special features such as nerve root damage and associated loss of sensation and other issues.
|(a) Severe (iii)
|£38,780 to £69,730
|Soft tissue injuries leading to chronic conditions. Although there has been treatment, disabilities remain, including ongoing pain and discomfort that is severe.
|(b) Moderate (i)
|£27,760 to £38,780
|A prolapsed intervertebral disc that requires surgery.
|(b) Moderate (ii)
|£12,510 to £27,760
|Disturbed ligaments and muscles that cause backache.
|(c) Minor (i)
|£7,890 to £12,510
|Full recovery or recovery to a nuisance level without surgery within 2 - 5 years from injuries that are less serious, such as strains and sprains.
|One whiplash injury, or multiple
|Symptoms last between 18-24 months.
|One whiplash injury, or multiple
|Symptoms last between 15-18 months.
How Will The Whiplash Reform Programme Influence My Payout?
Due to the introduction of the Whiplash Reform Programme, some changes have been made to how some claims for a road traffic accident are pursued.
As per these changes, adult passengers and drivers with whiplash injuries valued at £5,000 or less need to make their claim in a different way. Also, the value of any whiplash injuries will be calculated differently. This will be done by referring to the tariff in the Whiplash Injury Regulations 2021, as mentioned above.
If there are any additional injuries that take the total value of a claim over £5,000, you will claim via the traditional route. Also, the value of any injuries not included in the whiplash tariff will be calculated in the traditional way.
For more information on how much compensation for whiplash and back pain you could be awarded and how the whiplash reforms could influence your potential payout, call an advisor on the number above.
You may have valid grounds to begin a personal injury claim for a road traffic accident if you can prove the following:
- A duty of care was owed to you by a road user.
- This duty of care was breached.
- You sustained physical and/or psychological harm as a result.
The duty of care for road users is outlined in the Road Traffic Act 1988 and requires them to operate their vehicles and navigate the roads in a way that prevents causing harm to others. Additionally, the Highway Code offers guidance on the responsibilities different road users have as well as rules that they must follow.
If there is a failure on the part of another road user to uphold their duty of care and this leads to you experiencing harm, you may be eligible to seek personal injury compensation.
How Long After A Road Traffic Accident Can You Claim?
Under the Limitation Act 1980, a three-year time limit applies to starting a personal injury claim. This usually starts from the date of the accident but there are some exceptions.
To find out more about the time limit and exceptions that can be made, please speak with an advisor on the number above. They can also discuss your specific case and help you understand whether you could have valid grounds to pursue a claim.
There are several ways a road traffic accident could occur leading to whiplash or back pain. For example:
- A driver may use their phone while operating their vehicle causing them to crash into the back of another road user stopped at a set of traffic lights. This could lead to injuries such as whiplash, a broken arm and back injury being sustained.
- A driver may fail to check their mirrors before overtaking resulting in them crashing into the side of another vehicle. This could lead to injuries such as a foot injury, broken leg and crushed ankle injury being sustained alongside whiplash.
It’s important to note that not all incidents of a road traffic accident will be the result of road user negligence.
To discuss your specific case and find out whether you could be eligible to seek personal injury compensation, contact an advisor on the number above.
If you have an eligible claim, you could choose to work with a solicitor from our panel in a No Win No Fee capacity. They could offer your a contract called a Conditional Fee Agreement which typically means you won’t need to pay them for their work upfront, while your claim proceeds or if your case fails.
If your case succeeds, your solicitor will take a success fee from your compensation. However, this is capped by the law and you can discuss the fee with your solicitor before any work is started on your case.
For more information on working with a solicitor from our panel under the terms of this type of arrangement, please speak with an advisor. They can also offer more insight into how much compensation for whiplash and back pain could be awarded should you make a successful claim.
To get in touch, you can:
For more of our guides:
- A helpful guide exploring compensation for whiplash and anxiety.
- Learn how much compensation you could get for a broken ankle injury sustained in a public place accident.
- Find out the compensation for wrist injury you could be awarded for a successful claim.
For more external resources:
Thank you for reading our helpful guide on how much compensation for whiplash and back pain you could be awarded following a successful road traffic accident claim. If you have any other questions, please speak with an advisor on the number above.
Written by FF
Checked by AN