It’s fairly well known that whiplash is a common injury sustained in road traffic accidents. It is caused by the head being whipped forwards then backwards during a collision. If you have suffered whiplash in an accident caused by another motorist’s negligent driving, you could be entitled to claim compensation. So, in this guide, we are going to provide an answer to the question, ‘What is the minimum whiplash payout?’ We’ll explain more about whiplash injuries, when you might be eligible to make a personal injury claim and how compensation payouts are calculated.
Advice.co.uk is here to help if you decide that you’d like to claim. Our service begins with a no-obligation telephone consultation. An advisor will review your claim and explain your options for free. If the claim appears suitable, they could refer it to a personal injury lawyer on our panel. If the claim is taken on by the lawyer, they’ll represent you on a No Win No Fee basis.
For further information about the minimum payout for whiplash, please carry on reading. Otherwise, please call our team today on 0161 696 9685 if you’d like us to assess your case for free.
Select A Section
- What Is The Minimum Whiplash Payout?: A Guide
- Calculating The Minimum Whiplash Compensation Payout
- What Is The Minimum Whiplash Payout For Special Damages?
- Defining Whiplash
- What Is The Minimum Payout For Whiplash?
- Minor Vs Serious Whiplash Injury Payouts
- What Should You Do If Offered A Low Settlement?
- What Else Do You Need To Know About Whiplash Claims?
- How Are Whiplash Injuries Assessed?
- How Do I Claim More Than The Minimum Whiplash Payout?
- No Win No Fee Whiplash Payouts
- Contact Us
- Minimum Whiplash Payout Claims Information
What Is The Minimum Whiplash Payout?: A Guide
Whiplash is commonly experienced after a car crash. That’s because while a seatbelt holds the body in place, the head can still move violently following a collision. For some people, only minor whiplash symptoms will be seen. In others, though, it can be far more serious and long-lasting. Therefore, later on, we’ll explain how whiplash injuries are assessed.
No matter how serious your whiplash injuries are, you could be entitled to claim compensation if they were caused by somebody else’s negligence. To help you prove who caused your accident to happen, you should:
- Photograph the scene of the accident. Where possible, try to do so before the scene is cleared.
- Have your injuries assessed and treated at a hospital or GP surgery.
- Ask any witnesses for their contact details.
- Obtain any footage from dashcams if it is available.
- Photograph any visible signs of whiplash. Bear in mind that these might not be visible immediately after the accident.
When you have gathered your evidence, you could start legal proceedings against the responsible party. If that’s what you want to do, you should do so within the personal injury claims time limit. This is a 3-year period that usually begins on the day of the accident. Claims involving children aren’t bound by this time limit until they turn 18-years old.
If you would like our advisors to carry out a free assessment of your case, please call the number above today. Our team will advise you about your options and could pass the claim to a personal injury lawyer from our panel. If they decide to work for you, it will be on a No Win No Fee basis.
Calculating The Minimum Whiplash Compensation Payout
In this part of our guide, we are going to show you what amount of compensation might be paid for whiplash injuries. Please bear in mind that every case we deal with is unique. Therefore, the amounts we list here are for guidance. When you contact our advisors, a proper assessment of your claim will be conducted, and they should be able to give you a better compensation estimate.
The part of the compensation that aims to cover your pain, suffering and loss of amenity is called general damages. We have included amounts for this category in the table below. The data we have used is taken from the Judicial College Guidelines – a document used by lawyers, insurers and courts to help them value injuries.
|Injury Type||Severity Level||Settlement Range||Additional Comments|
|Neck||Moderate||£12,900 to £23,460||Soft tissue injuries that cause serious movement limitation, permanent or recurring pain, increased vulnerability to further trauma and the possible need for additional surgery.|
|Neck||Minor||£4,080 to £7,410||Soft tissue damage where full recovery occurs in 1 to 2-years.|
|Neck||Minor||£2,300 to £4,080||Soft tissue damage where full recovery occurs in 3 months to a year.|
|Neck||Minor||Up to £2,300||Soft tissue damage where full recovery occurs in around 3 months.|
|Shoulder||Minor||£4,080 to £7,410||Soft tissue injuries with considerable pain but almost complete recovery in less than 2 years.|
|Back||Minor||£7,410 to £11,730||Damage of the back where full recovery (or near full recovery) occurs in around 2 to 5 years.|
As you can see, the amounts vary quite widely. Generally, higher levels of compensation are given for more severe injuries.
Your claim is dependent on whether the accident that wasn’t your fault caused your injuries. If it only worsened your condition, you could still claim. Therefore, as part of the claims process, you’ll need to have a medical assessment to determine the exact cause of your injuries. If you work with a lawyer from our panel, they will book your appointment as locally as possible.
At your meeting, an independent medical expert will review any relevant medical records (including X-rays if they are available). Then they will ask questions about the effect the injuries have had and then they’ll examine you physically. Once they have concluded the assessment, a report will be written that will be forwarded to your personal injury lawyer. Your lawyer would then use the report to value your injuries.
What Is The Minimum Whiplash Payout For Special Damages?
In addition to general damages, you may also need to make a claim for special damages. These are any costs or financial losses that you’ve incurred as a result of your injuries. As with general damages, expenses will vary from case to case, but you could ask for:
- Travel-related expenses. Travelling to and from medical appointments can incur costs. Therefore, you may be able to claim back expenses like fuel, parking or public transport costs so long as they’re a consequence of your injuries.
- Medical expenses. Any treatment you need will usually be performed for free by the NHS. However, it is possible that you may have to cover the cost of prescriptions, non-NHS services and over the counter medication like painkillers.
- Care costs. In some cases, you may need a carer to help you with your daily activities until you recover. If that’s the case, you could claim for any related expenses. For example, an hourly rate could be calculated for the time a relative spent caring for you.
- Adaptations to your home or vehicle. In more serious whiplash claims, you might need to adapt your home to help you cope with a disability. If that is true, the cost of those changes could be added to your claim.
- Lost earnings. When you lose income because of your injuries, you could claim them back. That could be the case if you have taken unpaid time off to recover or to attend a medical appointment.
- Future lost earnings. If your injury causes long-term symptoms that affect your ability to work, you could claim for future lost income too. The amount paid will be based on your age, salary and job prospects.
According to this NHS article, whiplash occurs when your head is moved suddenly. The most common symptoms listed by the NHS include:
- Stiffness of the neck.
- Difficulty moving your head.
- Neck pain and headaches.
- Muscle spasms and pain in the arms and shoulders.
Importantly, the symptoms of whiplash might not be obvious for several hours. That’s why you should seek medical attention for your injuries even if you don’t feel badly injured at the time of the accident.
Interestingly, whiplash injuries can occur after low-speed collisions as well as high-speed crashes. According to the NHS websites, neck braces should not be worn to treat whiplash and you should try to carry on with everyday activities where possible to help speed up recovery.
In more severe cases, whiplash can present with different symptoms. The NHS advice is to contact 111 or make an urgent GP appoint if you notice any of the following:
- Pins and needles (or tingling) in either or both sides of your body.
- Electric shock type feeling in the back, neck, arms or legs.
- Severe pain even after you have taken painkillers.
- Limbs feel weak.
- Difficulty sitting upright or walking.
What Is The Minimum Payout For Whiplash?
The minimum payout for whiplash will generally be paid to somebody with very mild symptoms that didn’t last very long. In the compensation table, we listed above, the minimum payout was up to £2,300 for soft tissue damage in the neck where complete recovery took less than 3 months.
However, please bear in mind that the figures in that table make up just one part of the claim. They don’t cover any additional financial losses you might need to be reimbursed for. As part of our service, a personal injury lawyer from our panel can assess any accepted claim thoroughly before it is submitted. This is important because after you have settled you are not able to ask for more compensation if you’re still suffering later on.
Minor Vs Serious Whiplash Injury Payouts
As mentioned above, whiplash injuries are caused when a collision takes place and the soft tissue and ligaments in the neck stretch further than they usually would. The severity of the injury can be affected by factors such as the speed of the collision.
The amount paid for whiplash injuries can be based on the severity of the injury. That means, if your whiplash clears up with little medical intervention after a short period of time, any compensation would be set at the lower end of the scale.
However, if you suffer a severe whiplash injury where you suffer symptoms like restricted movement, pain, stiffness, nausea or dizziness, you could be compensated at the higher end of the scale. In cases like these, you’re likely to require more treatment such as physiotherapy.
Again, the amounts listed in our compensation table reflect the pain and suffering caused by the injury alone. If there any other negative impacts, such as expenses incurred as a result of your treatment, you could claim for these as well.
What Should You Do If Offered A Low Settlement?
If you claim for a whiplash injury, it is possible that the other side will offer you a low settlement figure to close the case quickly. They do this because it may be in their best interest to pay as little for a claim as possible. However, you are not obliged to accept their offer. In fact, we’d advise you not to take an offer without talking to a legal professional first. Our advisors are here for you at any time of any day if you’d like advice on whether to accept an offer or not.
Our panel of solicitors tries to achieve the maximum amount of compensation for claimants. By appointing a lawyer from our panel if your case is suitable, you could increase your chances of receiving the right amount of compensation.
For example, settling directly with the other side might mean that they have no medical evidence to base their settlement amount on. A personal injury lawyer would always arrange a medical assessment to help determine the exact nature and value of your suffering.
What Else Do You Need To Know About Whiplash Claims?
If you have suffered whiplash injuries, our advice is to always try and seek medical and legal support as soon as possible. Without it, you could miss out on the compensation you might be entitled to.
Our advice would always be to give us a call to discuss your case. Our personal injury claims team provides free legal advice regardless of whether you decide to claim or not. They could refer your case to a personal injury lawyer from our panel. If your claim is accepted, the lawyer will make sure a medical assessment is arranged. This assessment will provide a report on which to base your claim. The report will explain your prognosis and explain how long you are likely to be impacted by your whiplash injuries.
How Are Whiplash Injuries Assessed?
Medical professionals may use a grading system to classify whiplash injuries. The Quebec Task Force Classification of whiplash-associated disorders is as follows:
- 1: There are no physical signs but there are neck complaints.
- 2: There are neck complaints along with physical signs.
- 3: Cases where there are both neck complaints and also neurological signs.
- 4: There is a fracture or dislocation along with neck complaints.
Remember, as part of the claims process, a personal injury lawyer will arrange for a medical assessment of your injuries. The report that comes from the assessment, along with any medical records, will be used to determine the severity of your injury and whether the accident at least worsened your condition.
How Do I Claim More Than The Minimum Whiplash Payout?
Now that you’re approaching the end of this guide, you might want to know how to achieve the highest possible whiplash payout. Well, our advice is to let a personal injury lawyer represent you. For any claim that is accepted, a lawyer from our panel will:
- Thoroughly assess your claim.
- Help you gather evidence to substantiate your allegations.
- Arrange a medical assessment.
- Compile your claim once all the required information has been collated.
- Submit the claim and deal with the defendant on your behalf.
- Try to counter any objections raised by the defendant.
- Keep you updated throughout the case.
- Try to ensure you are fully compensated for your whiplash injury.
No Win No Fee Whiplash Payouts
Unfortunately, some people don’t claim the compensation they could be entitled to because they are fearful of the cost of hiring a lawyer. You shouldn’t worry about that too much though, because our panel of personal injury lawyers offer a No Win No Fee service for every claim they take on. This means you’ll get access to expert legal support, but the claim could be less stressful because it’s less financially risky.
If you decide to claim, a lawyer will need to check the feasibility of your case. If you both agree to move forwards with the claim, you’ll be given a Conditional Fee Agreement to sign. Also known as a CFA, this document is the contract that explains what the lawyer will need to do before they are paid. Additionally, it will show you that:
- The claim can commence quickly because there are no upfront fees.
- You won’t be expected to pay lawyer’s fees during the claims process.
- If the case does not succeed, you won’t need to pay any lawyer’s fees.
It is only when the claim is won, and you are compensated that you’ll have to pay a ‘success fee’. This is a percentage of your compensation that is listed in the CFA, so you’ll know how much is payable before you agree to work with the lawyer. Importantly, the law limits success fees.
Thank you for visiting us today. Hopefully, you now know what the minimum payout is for a whiplash claim. If you believe you have a valid whiplash compensation claim and would like Advice.co.uk to help you, we can be contacted by:
- Phone: Call our specialist advisors on 0161 696 9685 to get free legal advice.
- Live chat: Connect with an online advisor and discuss your claim options.
- Online: Start your claim by completing this enquiry form and we’ll get back to you.
Our specialists will try to keep everything as straightforward as possible when you contact us. They will begin by assessing your claim on a no-obligation assessment. You’ll get free legal advice, and you could be connected to a personal injury lawyer from our panel if your claim appears suitable. If your case is accepted, it will be processed using a No Win No Fee service.
Minimum Whiplash Payout Claims Information
Hopefully, you now understand whether you’re able to claim or not. In our final section of this article, we have added some resources that may come in useful during a claim.
The Highway Code – the rules of the road in England, Scotland and Wales.
Brake – The Road Safety Charity – a UK charity that aims to improve road safety and support those who’ve been seriously injured in crashes.
Shoulder Pain – advice on managing shoulder pain from the NHS.
As Advice.co.uk supports many different types of compensation claims, we’ve listed some additional guides below:
Concussion Claims – details of when you could claim compensation if you suffer a concussion during an accident caused by somebody else.
Pothole Accident Claims – a guide about claiming for injuries sustained in accidents caused by potholes.
Work-related Stress – details on when you might be compensated if you’ve suffered due to stress at work.
Page by TE
Published by HE