Do I Have A Valid Whiplash Claim? Check In This Guide

How do I know if I have a valid claim for whiplash? What is the average payout for whiplash injury? Can you still claim for whiplash without seeing a doctor? In this article, we answer these questions and explain how a No Win No Fee personal injury solicitor could help you receive compensation for a no-fault accident.

Do I have a valid whiplash claim guide

Do I have a valid whiplash claim guide

If you’re reading this, you may well be suffering from whiplash injuries already. You might be feeling the direct impact of your injuries on your ability to cope as normal. Expensive physiotherapy, painkillers and perhaps even loss of work can mean that you are suffering in more ways than one. Help is possible. With the right proof you could claim all these expenses back as damages against the road user who caused them. To learn more:

  • Call us for a chance to access free legal advice on 0161 696 9685
  • Write or email us Advice.co.uk
  • Use the ‘live support’ option at the bottom right of this screen

Select A Section

  1. A Guide On Checking You Have A Valid Whiplash Claim
  2. Valid Whiplash Claim Compensation Calculator
  3. Types Of Damages Awarded For Soft Tissue Injuries
  4. What Is A Valid Whiplash Claim?
  5. I Have Suffered A Whiplash Injury, Could I Make A Claim?
  6. What Medical Evidence And Reports Do I Need?
  7. How Will The Crackdown On Whiplash Claims Affect Me?
  8. What Is The Cap On Whiplash Injury Payouts?
  9. Check How To Start A Valid Whiplash Claim
  10. Make A No Win No Fee Claim For A Valid Whiplash Injury
  11. Get Advice From Our Team
  12. Related Claims Guides
  13. Whiplash Injury Statistics
  14. FAQs About Making Valid Whiplash Claims

A Guide On Checking You Have A Valid Whiplash Claim

In the split second that you suffer a whiplash injury, you’re perhaps not thinking about whether you have a valid compensation claim. The immediate pain from whiplash can be extreme. Sufferers can experience anything from a mild, dull ache for a few hours to a lifetime of health problems. When our neck and spine are shunted out of alignment by impact, the results can be whiplash.

As you recover and learn to live with the consequences of the accident, many different issues might start to present themselves. In addition to needing time away from your job or source of employment, you could have child care issues. You may need a prolonged course of physiotherapy. Where do all these sudden funds come from? Savings or your partner can help you through your recovery. Recently there has been a big change to how whiplash cases are dealt with. Depending on when the injury took place will massively have a bearing on how you claim and whether you can still claim. As of the 31st May 2021, the Government brought in changes. The Whiplash Reform Programme has been introduced. The reform applies to cases of injuries that are low value.

If the whiplash or injuries of low value were caused before the 31st May 2021 then the new rules do not apply and you go about your personal injury claim as before.

Valid Whiplash Claim Compensation Calculator

In this article, we have used two different types of compensation table calculators. The first one will look at figures for injuries pertaining to accidents before the 31st May 2021 and one will look at whiplash injury amounts after the reform.

The figures contained in the part of the guide have been taken from the Judicial College Guidelines. This publication provides suggested award amounts for a whole array of injuries, a brief cross-section of which is below:

Type of injurySeveritySuggested Amount
Brain or Head InjuryMinor£2,070 - £11,980
Brain or Head InjuryModerate£140,870 - £205,580
Chest InjuriesSevere£94,470 - £140,870
HerniaContinuing pain and/or limitation on physical activities,
sport, or employment, after repair.
£13,970 - £22,680
Neck injurySevereIn the region of
£139,210
Neck injuryModerate£23,460 - £36,120
Back injurySevere £85,470 - £151,070
Shoulder injurySevere£18,020 - £45,070
Injuries to the Pelvis and HipsSevere£73,580 - £122,860
Wrist injurySevere but with some movement left£22,990 - £36,770
Hand injurySevere£27,220 - £58,100
Knee injuriesSevere£65,440 - £90,290
PTSD (Post-traumatic stress disorder)Moderate£7,680 - £21,730
Foot injurySevere£39,390 - £65,710

These amounts are only suggestions. But they do provide your lawyer with a figure to argue for on your behalf based on similar cases in the past. It’s the court’s way of acknowledging that after an accident you can suffer in ways that might be difficult to gauge with precision. Matters such as:

  • Pain and suffering
  • Impact on personal relationships
  • A general loss of amenity or pleasure in life after what happened
  • The risk of long term health issues

These sums seek to remunerate you for that and are referred to as ‘general damages’.

Types Of Damages Awarded For Soft Tissue Injuries

General damages can form just the first part of your compensation for a valid whiplash claim. It is also recognised that you can suffer in financial ways through no fault of your own. It’s acknowledged that you should have a chance of getting these costs back, too.

Therefore, anything that you can provide as proof that shows how the injuries have lost you money can be considered. Lost earnings or any future amounts you have missed out on. The damage to an attendance bonus. Or the impact on your pension can all be looked at. All the bills, statements and invoices that show the money you had to pay out for personal care, childcare, household requirements or any other tasks you needed help with might be eligible.

Special damages cover a wide range. Hard evidence is needed to uphold your claim for these amounts. A No Win No Fee lawyer has the expertise to spot and identify costs that you may not think are eligible. When you benefit from the free legal advice they could offer, you might be surprised at how many amounts you could see returned to you as part of your damages.

What Is A Valid Whiplash Claim?

As the victim of a road traffic accident, you might easily suffer whiplash when the sudden thrust forward or backwards causes your neck to jolt violently. Causation of accidents such as this can be speeding and erratic driving and failure to stop in time. If the car behind is moving too fast and impacts yours, even wearing a seatbelt it’s possible for your neck to absorb the shock. After impact, you might suffer from:

Symptoms

  • Neck pain and tenderness
  • Headaches
  • Nausea and dizziness
  • Muscle spasm or pins and needles (paresthesia)
  • Shoulder and arm pain
  • Severe pain and a sharp or dull ache in the neck
  • Full or partial immobilization of the neck and shoulder
  • Numbness in limbs
  • Total loss of sensation

Any type of reckless driving on the part of another road user could create injuries like this for you as the driver or passenger. Under the Highway Code, all road users are obliged to show a duty of care to each other and resist poor or reckless driving decisions that can cause a hazard. With CCTV and witness statements, you can hold another road user liable for all your costs if they caused your injuries.

A valid whiplash claim would require you to demonstrate a sprain, strain, tear or rupture in the muscle, tendon or ligaments of the neck, back or shoulder. These symptoms may need to be validated with an independent medical assessment.

I Have Suffered A Whiplash Injury, Could I Make A Claim?

Valid whiplash claims are still possible. Despite recent alterations in the law which sought to deny whiplash claims on the basis of testimony alone, with medical evidence this presents no problem to you. It demonstrates that you are serious and prepared to gather evidence to prove the wrong-doing that caused you so much pain and aggravation.

Medical assessments can seem daunting, but they are a way of validating your injuries. Through this assessment, you can be awarded the right amount of compensation. It is vital you get the correct amount of damages as once the claim is settled you cannot go back and ask for any more if your injuries become more serious.

Whiplash medical experts are adept at assessing injuries. They provide a report and prognosis that can be used to value your injuries. These experts can say whether treatment is needed, more test or exams and how long you may suffer in the future.  This is concrete evidence in your claim for compensation. It directly proves that the actions of another road user caused an accident that impacted your neck in a way that has caused debilitating physical and financial problems.

What Medical Evidence And Reports Do I Need?

The new reform means that all low injury claims will need some type of medical evidence. The examination will be performed by a qualified medical practitioner. During an independent medical assessment, the doctor will ask you some questions about your health history. This is an important way to establish that your injuries are not because of some previous long-standing medical condition or caused by something else. Questions about how much pain you are in, your ability to walk and how you are sleeping will be asked.

The doctor may ask you to perform a few simple tasks such as moving your head from side to side or backwards and forwards as much as you can. They may need to actually manually manipulate your head gently to assess the full extent of the injury. It is possible that more than one medical professional may be present. The whole examination should take between 30 – 60 minutes.

It is possible to be examined by a doctor with experience in producing reports for personal injury claims. Under some circumstances, one report may require a second follow up.

How Will The Crackdown On Whiplash Claims Affect Me?

Because of confusion surrounding whiplash cases, the criteria for eligibility has become more stringent and the new rules regarding whiplash claims came into effect on Monday 31st May 2021. These regulations would not apply to accidents that happened before this date. The Whiplash reforms are an attempt to help reduce insurance premiums.

We looked at the definition of a whiplash injury above as a tear, strain or sprain in the ligaments, muscles or tendons of the neck, shoulder and back. The reform although applies to whiplash also concentrates on low value injuries.

What Is The Cap On Whiplash Injury Payouts?

The Official Injury Claim service is a new service that provides claimants with access to make their own claims easier. It was designed by the MIB on behalf of the Ministry of Justice. Driver negligence must be in a vehicle (motorcycles are excluded now) in England or Wales, and to meet the criteria for whiplash it must affect the driver or a passenger in the vehicle. For pedestrians, cyclists and motorbike riders and minors the old way of claiming remains the same. Liability could still be split between parties. The basic circumstances that bring people within the scope of whiplash claims are largely unchanged.

With over 600, 000 cases each year low value cases have caused premiums to rocket. This new system offers an alternative. This if effective will hope to reduce motor insurance premiums. However, it has brought about fixed tariffs.

Whiplash injury regulations quote lower amounts than the JCG. There are some issues to be worked out as to which amount might be most applicable from now on. The chart below lists the new recommended awards:

Duration of InjuryAmount - Regulation 2 (1) (a) WhiplashAmount - Regulation 2 (1) (b) Whiplash + Psychological injury
Not more than 3 months£240£260
More than 3 months but not more than 6 months£495£520
More than 6 months but not more than 9 months£840£895
More than 9 months but not more than 12 months£1,320 £1,390
More than 12 months but not more than 15 months£2,040£2,125
More than 15 months but not more than 18 months£3,005£3,100
More than 18 months but not more than 24 months£4,215£4,345

These figures are much lower than their counterparts in the Judicial College Guidelines (the upper bracket for 24-month neck injury there is £7,410) so this cap on whiplash claim amounts is significant.

20% Uplift and the vagueness of exceptional circumstances

There is a provision for a 20% uplift of award amounts under special circumstances. This is as defined in section 5 of the Civil Liability Act. It can apply in severe cases of:

  • Whiplash
  • Whiplash and psychological injury
  • Or whiplash with another injury
  • Under ‘exceptional circumstances.

This area is still vague and the courts have yet to practice these new points with any degree of certain clarity.

None of these changes applies to other personal injury cases that are not road traffic accident-related. Speak to our team now for help with this.

Check How To Start A Valid Whiplash Claim

These alterations to the definitions and awards for whiplash cases are new. The judiciary has yet to gain hindsight on handling cases like this. It may be that there are changes to come still. A particular increase in road traffic accident neck injury claims meant that steps needed to be taken to create a more realistic approach to compensation like this.

Evidence is still key. Build evidence to present your case against another road user for negligent and reckless driving under the Highway Code duty of care. Speak with our friendly team now. See how a No Win No Fee personal injury solicitor from our panel could negotiate the right amount of compensation for you.

Make A No Win No Fee Claim For A Valid Whiplash Injury

No Win No Fee is an expression that many people associate with medical negligence and personal injury cases. But what does it mean and what might be the benefits of an arrangement such as this to your whiplash claim?

A No Win No Fee agreement means that the lawyer sends you a contract in which you agree to pay a percentage from any settlement amount you receive in your claim. The fee only needs to be paid if your case wins.

Importantly, the lawyer knows that their fee comes from a successful outcome so they give the case their full attention and aim for the highest possible award. You can simply provide as much evidence as you can of physical harm and financial loss and await the outcome. The lawyer does the rest.

No Win No Fee allows people to access immediate legal representation. You can establish a valid whiplash claim despite the new changes in these laws. At Advice.co.uk, we can connect you with free legal advice in one phone call. Get your successful claim started today.

Get Advice From Our Team

If you’re quite convinced that the accident only happened because of the negligence of another road user. It’s time to do something constructive about getting all the lost money back from whoever is liable. It might be another motorist. It could be the company they work for. Speak with our team now to discover if you have a valid whiplash claim.

  • Call us for a chance to access free legal advice on 0161 696 9685
  • Write or email us Advice.co.uk
  • Use the ‘live support’ option at the bottom right of this screen

Related Claims Guides

In conclusion, thank you for reading this guide on valid whiplash claims. At Advice.co.uk we can assist with other types of personal injury cases such as accidents in the workplace or accidents that took place in public areas because of negligence. Perhaps you’ve been affected by other types of road traffic accidents that were not your fault? We can help.

If you’re looking for more information on road traffic accidents, the Government produce regular statistics that show the type and prevalence. This NHS link offers some useful tips for diagnosing and treating neck injury and there is a link to whiplash support that you might find helpful.

Whiplash Injury Statistics

We have provided the table below courtesy of the Department For Transport. It does not relate to whiplash solely but to casualties of road traffic accidents year ending June 2020.

Valid whiplash claim

How do I know if I have a valid whiplash claim

Source – Department for Transport Road Accident Statistics

FAQs About Making Valid Whiplash Claims

Some commonly asked questions about whiplash may help clarify any points you have. If you need any other information, don’t hesitate to contact our team for help.

What’s the minimum speed for whiplash to occur?

The new way of assessing claims relies more on the duration of injury and extenuating circumstances rather than speed.

How can whiplash be proven?

A qualified medical practitioner can tell what are the different levels of whiplash.

Can I claim if a child suffered a whiplash injury?

Absolutely. Acting as a ‘Litigation Friend’ an adult can represent a minor or someone of diminished capacity to represent themselves.

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Published by AL.