If you have been injured in a road traffic accident, you may be wondering ‘How much compensation for whiplash and anxiety could I receive?’. If so, this guide could help as it will provide an overview of what could be included in a settlement, should you make a successful personal injury claim, as well as how the Whiplash Reform Programme could influence the payout you receive for whiplash-related injuries.
As you move through this guide, you will also find information on the process involved in making a personal injury claim for a road traffic accident, including the criteria that need to be met, the time limits that need to be adhered to and the evidence you could gather to support your case.
Furthermore, we will discuss the benefits of working with a solicitor who offers their services on No Win No Fee terms.
For more information, you can get in touch with an advisor. They can discuss your potential claim in more detail and provide free advice. To reach them, you can:
- Call on 0800 408 7826
- Contact us online
- Talk to one of our advisors by using the live support bubble.
Choose A Section
- How Much Compensation Can I Get For Whiplash And Anxiety?
- When Are You Eligible To Claim For Whiplash And Anxiety?
- How Long Do You Have To Claim For A Road Traffic Accident?
- Contact Us To See If You Can Use Our Panel Of No Win No Fee Solicitors To Claim
- Learn More About Claiming Car Accident Compensation
How Much Compensation Can I Get For Whiplash And Anxiety?
If you are eligible to make a personal injury claim for the harm you sustained in a road traffic accident, you could receive a settlement comprising two heads of claim:
- General damages: Under this head, you will receive compensation for the emotional pain and physical suffering you experienced as a result of your injuries.
- Special damages: Under this head, you could be awarded compensation for the financial losses incurred by the injuries you sustained. This can include any income you have lost from taking time off work, the cost of any medical or domestic care you required and the cost of travel, such as taxis to and from medical appointments. Evidence, such as receipts, travel tickets and payslips, can help when claiming these monetary losses back.
In order to calculate the value of your injuries, solicitors can turn to the award brackets listed in the Judicial College Guidelines (JCG). We have included some of these in the table below. However, you should only use the figures as a guide because the settlement you receive will depend on the unique circumstances of your case.
The table also contains two whiplash entries taken from the tariff in the Whiplash Injury Regulations 2021. Whilst the JCG amounts in the table are guidelines, the tariff amounts for whiplash are fixed.
Type Of Injury | Level Of Severity | Notes | Guideline Compensation Award |
---|---|---|---|
Whiplash | One whiplash injury or more with one minor psychological injury or more | Symptoms persist for 18 to 24 months. | £4,345 |
Whiplash | One or multiple whiplash injuries with one or multiple minor psychological injuries | Symptoms persist for 15 to 18 months. | £3,100 |
Back Injury | Severe (iii) | Soft tissue injuries that lead to chronic conditions. | £38,780 to £69,730 |
Back Injury | Moderate (ii) | Ligament and muscle disturbance that cause backache. | £12,510 to £27,760 |
Neck Injury | Severe (iii) | Severe damage to the soft tissues and/or ruptured tendons resulting in chronic conditions and a permanent disability of a significant nature. | £45,470 to, £55,990 |
Neck Injury | Moderate (i) | Serious soft tissue injuries that affect both the neck and the back. | £24,990 to £38,490 |
Neck Injury | Moderate (ii) | Soft tissue or wrenching type injury and a severe disc lesion resulting in cervical spondylosis. | £13,740 to £24,990 |
Shoulder Injury | Serious | Shoulder dislocation and lower brachial plexus damage causing shoulder and neck pain. | £12,770 to £19,200 |
Shoulder Injury | Moderate | Soft tissue injuries that cause symptoms that are more than minimal but not permanent for more than 2 years. | £7,890 to £12,770 |
How Will The Whiplash Reforms Influence My Payout?
As per the whiplash reforms, adult passengers and drivers of vehicles who have injuries worth £5,000 or less, must make their claim in a different manner. Also, the tariff set out in the Whiplash Injury Regulations 2021 will be used to calculate the value of any whiplash-related injuries.
If, as an adult passenger or driver, you have injuries that bring the overall value of your claim above £5,000, you will claim in the traditional manner. Also, any injuries not included in the tariff will be valued traditionally, such as a broken wrist, broken arm and broken leg.
If you’re still wondering ‘how much compensation for whiplash and anxiety could I receive?’, please get in touch with our team. They can provide further guidance on the settlement you could be awarded and whether the whiplash reforms will influence the way you make your claim and how much you could receive for your injuries.
When Are You Eligible To Claim For Whiplash And Anxiety?
As per The Road Traffic Act 1988, road users have a duty of care to one another. They need to prevent others and themselves from becoming injured by navigating the roads in a safe and careful manner. Additionally, road users have different responsibilities outlined in The Highway Code, some of which are rules backed by law.
If there is a breach of duty on the part of a road user, it could lead to you sustaining harm physically or mentally. This is known as negligence, for which you could begin a personal injury claim.
Below are examples of how a road traffic accident could occur as a result of negligence:
- You may be hit by another car when stopped at a set of traffic lights because the driver was using their phone while driving. This may have caused you to sustain a shoulder and neck injury as well as anxiety.
- Another driver may have failed to check their mirrors before changing lanes on a duel carriageway. As a result, they may have crashed into the side of your car causing you whiplash and a back injury.
It’s important to note that not all accidents on the road will have been caused by a road user breaching their duty of care. As such, you may not always have valid grounds to pursue a personal injury claim following a road traffic accident.
To discuss your specific case and find out whether you are eligible to seek compensation for your injuries, please contact an advisor on the number above.
How Long Do You Have To Claim For A Road Traffic Accident?
The Limitation Act 1988 sets out the time limit for starting a personal injury claim following a road traffic accident. Generally, you have three years from the accident date, but exceptions can apply if:
- The injured person is a child. In these instances, the time limit is paused. During this time, a suitable person could make an application to the courts to become a litigation friend and bring forward the claim on the child’s behalf. This could be a parent, guardian or solicitor. If no claim is made on their behalf while the time limit is paused, the child will have three years from their 18th birthday to begin their claim.
- The injured person lacks the mental capacity to claim. In these instances, there is an indefinite suspension placed on the time limit. During this time, a litigation friend, who has been appointed by the courts, could make the claim on their behalf. If the person recovers their mental capacity, they will have three years from their recovery date to pursue their own claim, provided one hasn’t already been started for them.
To discuss the time limit in more detail and find out whether any of the exceptions could apply to your specific case, please get in touch using the number above.
Contact Us To See If You Can Use Our Panel Of No Win No Fee Solicitors To Claim
The solicitors from our panel have experience handling road traffic accident claims and could offer the following services:
- Helping you collect evidence to build a strong case
- Valuing how much compensation for whiplash and anxiety you could receive
- Ensuring your case is put forward in full within the limitation period
Additionally, they offer their services in a No Win No Fee capacity. As such, they can offer you a contract called a Conditional Fee Agreement which lays out several terms. Typically, these include:
- Not having to pay your solicitor for their work upfront, during the course of your claim, or if your claim does not succeed.
- Paying your solicitor a success fee from your compensation if your claim wins. This is subject to a cap as per the Conditional Fee Agreements Order 2013, meaning you can keep the majority of your settlement.
For more information about how a solicitor from our panel could help and to find out whether they could represent your claim for whiplash and anxiety on this basis, please contact an advisor. To do so, you can:
- Call on 0800 408 7826
- Contact us online
- Talk to one of our advisors by using the live support bubble.
Learn More About Claiming Car Accident Compensation
For more of our helpful guides:
- A Guide On Foot Injury Compensation Claims
- How Much Compensation For A Facial Scar?
- How Much Compensation For A Crushed Ankle Injury?
For more external resources:
- Think! – Advice For Road Users
- NHS – When To Call 999
- Metrapolitan Police – Report A Road Traffic Incident
We hope this guide has answered the question ‘How much compensation can I get for whiplash and anxiety?’. If you have any other questions, please get in touch using the details provided above.
Written by LOPO
Checked by MEMI