By Stephen Kane. Last Updated 23rd February 2024. If you’ve suffered a neck injury or back injury following a car accident, you might be wondering whether or not you could make a personal injury claim. Our guide will explore when you could potentially seek compensation for a road traffic accident, as well as the criteria that your claim must meet in order for it to be valid.
We’ll discuss what a duty of care is and how you are owed one when using the roads. Our guide explores the benefits of using a personal injury compensation calculator and provides further insight into how compensation is calculated and what it could include.
We also cover the importance of evidence in a personal injury compensation claim, and discuss how you could support your claim alone or with the help of an expert personal injury solicitor.
Finally, we go into detail on the benefits of a No Win No Fee agreement. Our panel of personal injury solicitors work on a No Win No Fee basis, and are ready to help you with your whiplash claim. Read on to learn more about claiming for road traffic accidents, or get in touch with us today to learn more by:
Select A Section
- Whiplash Compensation Claims Calculator
- When Am I Eligible To Claim For Whiplash After A Car Accident?
- Evidence Needed To Make A Whiplash Car Accident Claim
- What Is The Time Limit For Making An Injury Claim?
- Make A No Win No Fee Whiplash Claim
- Where To Find Out More About Using A Whiplash Compensation Claims Calculator
You might be looking for a personal injury claims calculator to help estimate how much compensation you could be awarded in a successful whiplash injury claim.
However, a personal injury claims calculator may not be able to help you with everything you could be entitled to. For example, you may have multiple injuries with a lot of out-of-pocket expenses that a calculator may not be able to consider.
Instead of looking at a personal injury claim calculator, we are going to look at what your potential payout could be made up of. Some compensation awards may consist of two parts: general and special damages.
General damages compensate for the pain and suffering that has been caused by your injuries. It will consider the physical injury, any emotional damage, the recovery period and what impact the injuries had on your day-to-day life.
To help arrive at a figure for this part of your neck injury compensation claim, those responsible for valuing personal injury claims may refer to the Judicial College Guidelines (JCG) for guidance. These guidelines offer a list of compensation brackets for different injuries in various severities.
Personal Injury Compensation Table
We’ve provided a few brackets from the 16th edition of the JCG and a few of the tariffs from the Whiplash Injury Regulations 2021.
Additionally, we’ve provided an example of how compensation awards could be made in claims for multiple serious injuries with special damages in the first entry of the table. This figure is not from the Judicial College Guidelines or Whiplash Tariffs.
|Multiple severe injuries and special damages
|Your settlement may include compensation for multiple injuries of a serious nature and related expenses, including home help and lost wages.
|Up to £250,000+
|Severe neck injury (a) (i)
|A neck injury causing incomplete paraplegia or permanent spastic quadriparesis resulting in severely limited movement.
|In the region of £148,330
|Severe neck injury (a) (ii)
|Injuries involving severe fractures or disc damage causing severe disability
|£65,740 to £130,930
|Severe neck injury (a) (iii)
|Fractures, dislocations and serious tissue damage leading to ongoing pain and disability
|£45,470 to £55,990
|Moderate neck injury (b) (i)
|Fractures and dislocations as well as serious soft tissue injuries that impair bodily functions
|£24,990 to £38,490
|Moderate neck injury (b) (ii)
|Soft tissue or wrenching type injuries and disc lesions.
|£13,740 to £24,99
|Moderate neck injury (b) (iii)
|Soft tissue injury which causes the exacerbation of a pre existing condition over a period of around 5 years.
|£7,890 to £13,740
|1+ Whiplash Injuries
|18 – 24 months
|1+ Whiplash injuries With 1+ Psychological injuries
|18 – 24 months
Personal Injury Compensation Special Damages
You might also be eligible for special damages as part of your whiplash claim payout in the UK. This can compensate for financial losses or expenses that are caused by your injuries, for example:
- Lost earnings
- The cost of childcare
- Prescription or medication costs
- Travel expenses
- Medical expenses, including prescriptions and medical treatment.
For more advice on how much compensation you may receive for a whiplash compensation claim, contact our advisors for free today.
How Much Is A Whiplash Claim Worth Under The New Reforms?
So how much is a whiplash claim worth under the new reforms?
From the 31st of May 2021, low-value road traffic accident claims must now be dealt with via an online portal through the Whiplash Reform Programme. This applies to those who are over 18 and drivers or passengers of vehicles.
Your compensation would be based on the Whiplash Injury Regulations 2021 tariff of injuries, as seen in the table above. You do not need a solicitor to claim this way, but you may still find it beneficial. A solicitor could help you assess your claim and accurately value your injuries to ensure you’re proceeding with your claim in the right way. They can also negotiate on your behalf for as much compensation as possible.
All road users need to navigate the roads in a way that prevents injury and damage to themselves and others. This is their duty of care.
To uphold this duty, road users must comply with any relevant rules and regulations in the Road Traffic Act 1988 and the Highway Code. If another road user fails to comply and you suffer an injury, you might have good grounds for a road traffic accident claim.
If you are seeking a whiplash payout in the UK, you must be able to prove that you meet the needed criteria. This means showing:
- You were owed a duty of care.
- Another driver breached this duty.
- You suffered an injury because of this breach.
Contact an advisor to discuss the eligibility criteria in more detail to find out if you have valid grounds to proceed with your case. They can also help you understand how to use a whiplash claim calculator to get an estimate of the compensation you could be entitled to following a successful claim or provide you with a free bespoke valuation.
I Was A Passenger In A Car Accident, Can I Make A Whiplash Claim?
If you suffered a whiplash injury as a passenger, you might be wondering whether you can make a claim for a road traffic accident. As long as you meet the eligibility criteria to make a personal injury claim and are within the time limit, you might be entitled to seek compensation as a passenger in a car accident.
Whilst you may have accessed a whiplash claim calculator for an estimate of the compensation you could receive it may not have considered every aspect of your claim while providing a figure, such as financial losses incurred as a result of your injury.
As such, if you would like to discuss the question, ‘How much can I claim for whiplash?’, contact one of the advisors from our team. They can provide a more accurate valuation of your potential claim and discuss the impact the whiplash reforms could have in more detail. Get in touch on the number above for more information.
When claiming for any kind of personal injury, including whiplash, it’s essential that you have the right kinds of evidence.
Evidence can help demonstrate who is responsible for the accident, the severity of your injury, and the way your injury will affect your life going forward.
Some examples of evidence that you could use to help support your claim include:
- Medical records: Medical evidence, such as your medical records, can be used to illustrate how severe your injuries are. For example, MRI scans can show soft tissue damage. A personal injury solicitor could also arrange for an independent assessment of your soft tissue injury.
- Photographs: Taking photographs of both the accident site and any visible injuries can be useful, as both could be used as evidence.
- Witness statements: Taking down the contact details of potential witnesses allows their statements to be taken by a professional later on in the claims process.
- CCTV footage: Footage of the accident can be beneficial, as it can show who caused the accident. This could include CCTV footage, or dashcam footage.
One of the expert personal injury solicitors from our panel could help you support your claim by collating evidence. To learn more, contact our team of advisors today to start your free consultation.
If you have used a whiplash compensation calculator, it may have asked you when your accident took place. This is because there is a time limit in place for making a personal injury claim.
We know from the Limitation Act 1980 that the general claim time limit to begin a claim is 3 years from the date of the injury.
There are exceptions to the 3-year time limit:
- Claimants with a reduced mental capacity – If the injured party lacks the mental capacity to make their own claim, then their time limit is suspended. It would only begin if they reach a point where they are deemed capable of making their own claim. Before this point, a litigation friend may be appointed to claim on their behalf.
- Child claims – The time limit is also suspended if the injured party is under 18. From their 18th birthday, the time limit begins. Before then, a litigation friend can be appointed to claim on their behalf.
If you want to find out how much for whiplash you could receive in compensation and how long you have to put forward your claim, get in touch with our personal injury team today.
There are many benefits that come with working with a solicitor on your claim. For example, an injury claim calculator may be able to give you a broad idea of what you could receive, but a solicitor can go more in-depth in discussing your potential settlement by considering your individual circumstances.
A solicitor from our panel could help you seek compensation for whiplash on a No Win No Fee basis. They do this by offering their clients a Conditional Fee Agreement (CFA), under which they offer their services without taking any upfront or ongoing fees. Likewise, if your claim does not succeed, then your solicitor will not take a fee for their work.
However, if your claim succeeds, then your solicitor will take a success fee. They deduct this from your compensation as a small percentage, though there is a legal cap in place. This legal cap is important, as it helps to ensure that you keep the larger share of your compensation.
To find out if you could be eligible to claim for whiplash with the help of a solicitor from our panel, contact our team of advisors today. They can offer more insight into the claims process and may be able to connect you with a solicitor. To get started: