Whiplash claims

Our specialist No Win, No Fee solicitors can help you make a compensation claim if you have suffered a whiplash injury following a road accident that wasn't your fault

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We work on a No Win No Fee basis, so if you're claim is not successful you don't pay anything.

Find out if you are eligible to make a claim for compensation below...

A guide to making a whiplash compensation claim

Whiplash is one of the most common personal injuries that people claim compensation for, with more than 1,500 new whiplash claims being made in the UK everyday according to the Association of British Insurers.

If you have suffered a whiplash injury following an accident that wasn’t your fault, then you could be entitled to make a claim for compensation.

Recently the UK government issued new legislation to cap the compensation payout for soft tissue injuries like whiplash to £3,725. Although this legislation has not yet been passed into law, whiplash claimants are advised to speak to a personal injury solicitor sooner rather than later.

Contents

  • Do I have whiplash?
  • Do I need to see a doctor before making a whiplash claim?
  • What are the causes of whiplash?
  • Can I make a compensation claim for whiplash?
  • How much compensation can I claim for whiplash?
  • What are the time limits on making a claim?
  • How to make a whiplash compensation claim

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Do I have whiplash?

The term whiplash is often used as a 'catch-all' description for any kind of neck injury, but the actual definition of whiplash is a neck injury that is caused by a sudden movement of the head - which could be forwards, backwards or sideways.

Due to the nature of car accidents, whiplash injuries are very common as the sudden impact can cause violent movement of the head which can damage the ligaments and tendons in the neck.

If you think you have whiplash, you may have one or more of the following common whiplash symptoms:

  • pain and stiffness of the neck
  • tenderness in the neck muscles
  • reduced and painful neck movements
  • headaches

Whiplash symptoms often do not develop immediately after an accident, and can take anywhere between 6-12 hours to fully show. The day after the accident is usually when it becomes apparent that you have whiplash, as the neck pain and stiffness will be at its worse in the days following the injury.

Does whiplash affect other parts of the body?

Yes, if you have suffered a whiplash injury the symptoms may not only be focused on the neck.

Other whiplash symptoms can include:

  • Headaches
  • Backache
  • Dizziness
  • Nausea
  • Blurry vision
  • Pins and needle sensations in the arms
  • Ringing in the ears

Also, if you have damaged the nerves in the neck and spine then you may feel numbness in your hands and feet.

For mild cases of whiplash these symptoms should noticeably improve within a few days of the accident, but for more serious cases they can persist for over six months.

How to spot whiplash symptoms in children

If a young child or toddler was involved in an accident they may not be able to tell you if they are suffering from whiplash, and there is unlikely to be any visible marks on the child to suggest they have an injury.

Therefore you will need to look out for certain symptoms, such as:

  • Reduced neck movement
  • Nausea
  • Dizziness
  • Changes to mood and/or sleeping patterns

Do I need to see a doctor before making a whiplash claim?

If you have suffered a minor case of whiplash then you may find that you can adequately treat it at home with over-the-counter painkillers. However, in order to make a claim for compensation a personal injury solicitor will refer you to a doctor for a full medical assessment.

A medical diagnosis is an important piece of evidence to support your claim, as this will clearly show that you have suffered whiplash and will demonstrate the severity of the injury.

Therefore it is recommended that you visit the doctor as soon as possible after an accident.

If you do not have a doctor's report that confirms your injury and its severity, it can be difficult to pursue a compensation claim for the correct amount you are eligible for.

What are the causes of whiplash?

Whiplash is caused when the head is suddenly and violenty moved forwards, backwards or sideways, and is often the result of a sudden impact such as a road traffic accident.

Although most cases of whiplash are caused by car accidents, it can also be caused by slips and trips, falls and sporting accidents - for example:

  • A sudden and forceful blow to the head e.g., during contact sports like rugby or boxing
  • Violently twisting the neck e.g. while working out at the gym
  • Any slip or fall where the head is forcefully jolted
  • Being hit on the head by a heavy object

Can I make a compensation claim for whiplash?

Whether you are eligible to make a whiplash compensation claim or not depends on the following criteria regarding your accident and injury:

  • Is there evidence that the accident was caused by the negligence of someone else?
  • Is your whiplash injury a direct result of the accident?
  • Did the accident happen in the last three years?

If you are able to answer 'yes' to the above three questions then you may be eligible to make a No Win No Fee whiplash compensation claim.

How much compensation can I claim for whiplash?

The amount of compensation you could claim for whiplash depends on your individual circumstances, in particularly how severe the injury is and what effect it has had on your day to day life.

These two areas are known as General Damages (paid for the severity of the injury) and Special Damages (paid for the impact on your life e.g. loss of earnings, medical expenses etc...)

With general damages, the amount paid out in compensation is usually the same for all claimants with similar injuries. Special damages will vary depending on your own circumstances and can include things like lost earnings, cost of treatment, travel costs etc...

For more information on whiplash compensation payouts read our full guide: How much compensation can you claim for whiplash?

What are the time limits on making a claim?

You are eligible to make a claim for compensation if the road traffic accident happened within the last three years. The Courts have the power to waive this time limit, but only in rare circumstances.

It is therefore recommended that you begin your claim as soon as possible – particularly as this is when the relevant evidence will be at its most fresh – e.g. witness testimony.

How to make a whiplash compensation claim

If you have suffered a whiplash injury due to the negligence of someone else, then you could be entitled to make a claim for compensation. 

To find out if you are eligible to make a claim on a No Win No Fee basis get in touch with CL Legal now...

100% No Win, No Fee

Get in touch...

0151 225 0197

100% No Win No Fee

We work on a No Win No Fee basis, so if you're claim is not successful you don't pay anything.

Find out if you are eligible to make a claim for compensation below...