Whiplash Injury Compensation Claims

Whiplash injuries can cause severe pain and have a major impact on your physical and psychological well being. If you have suffered whiplash as a result of an accident that wasn’t your fault, you may be entitled to claim compensation.

Compare personal injury solicitors today to find the best company for whiplash claims and to start the process of receiving the compensation you deserve.

Am I Eligible To Claim Whiplash Compensation?

If you have suffered whiplash from an accident that wasn’t your fault, you could be eligible for compensation. A type of injury involving damage to the soft tissue in the neck, whiplash is caused by a sudden movement of the head forwards, sideways or backwards. This vigorous motion damages the tendons and ligaments in the neck.

Whiplash is often caused by road traffic accidents, where collisions can jolt the head forcefully. It can also be a result of a violent blow to the head, for example as a result of a slip, trip or fall, or during contact sports such as rugby or boxing.

In some cases, whiplash can take a long time to heal, therefore having a large impact on your day to day life. Symptoms of whiplash can include:

• Pain and stiffness
• Temporary loss of movement in the neck
• Headaches
• Muscle spasms.

If you experience tingling or pins and needles down one or both sides of your body, you have difficulty sitting or walking upright, your legs or arms feel weak or you have a sudden electric shock-type sensation in your back and neck, this could be a sign that you have suffered damage to the nerves in this part of your body. In these cases, you should make an urgent GP appointment or call 111.

Making a claim for compensation can help with some of the costs you could incur as a result of whiplash or sustained nerve damage. These include:

• Medical costs
• Psychological support
• Loss of earnings if you’re unable to work
• Travel to medical appointments.

If you do make a whiplash compensation claim, not only will this help to lessen the financial burden, but the defendant’s representatives may offer to fund private physio treatment. In many cases, physiotherapy may not be available through the NHS in your area, or the waiting list may be too long. Therefore, you may decide to get treatment privately, which could be covered by the defendant. A personal injury solicitor will be able to advise you on this.

Typically, whiplash compensation claims are settled within six months. However, this can vary on a case-by-case basis and will depend on a number of factors, including how long it takes for liability to be accepted, your expected recovery time and extent of the whiplash injury.

How Do I Make A Whiplash Claim?

If you have suffered whiplash as a result of someone else’s negligence, there are a number of steps you can take to ensure you receive the compensation you deserve. These include:

1. Swap Contact Details With All Parties Involved

Make sure you exchange contact and insurance details with all the parties involved in the incident. If your injury was caused by a road traffic accident, make a note of the number plates of the vehicles too.

2. Seek Medical Attention

Even if you feel that your symptoms are manageable, it is important to seek medical help. Your symptoms may worsen over time, and when making a compensation claim, you may be asked for copies of the relevant medical records to prove that you suffered the injury and to show the extent of the damage.

3. Gather Evidence

If possible, gather evidence of the accident as this will help to strengthen your claim. This could include:

• Photographs of the scene of the incident and of any damage incurred
• Witness details and/or statements
• Dash cam or CCTV footage
• Written details about the accident
• Police reports
• Medical records
• Receipts of travel to medical appointments.

4. Contact A Solicitor

For the best chance of success in your claim, it can be useful to get in touch with a legal expert. They can help you to start the claims process and offer their advice and support throughout it so you can secure the maximum amount of compensation.

Fees And Compensation

If you’re thinking about making a compensation claim for whiplash, you can rest assured that you won’t lose out on money through doing so. Most solicitors operate on a ‘no win, no fee’ basis, meaning that you only pay if your claim is successful. Known as a success fee, this is a set percentage of your compensation amount that can’t legally be more than 25%.

The amount of money you may receive for your whiplash compensation claim will depend on a variety of factors including the level of discomfort you experience and how long your symptoms last. You can claim for pain, suffering and loss of amenities, as well as for other related losses, such as property damage, medical expenses and loss of earnings.

View our claims calculator to get an idea of the average claim amounts for whiplash injuries.

Time Limits On Making A Claim

For personal injury claims, there is a three year time limit on making a claim. This starts from either the date of the accident or injury, or the date of diagnosis of whiplash. However, there are some exceptions to this limitation period. For example, if you are a minor, the time limit is frozen until you reach 18.