Calculating Your Whiplash Claim Amounts
When calculating whiplash claim amounts, there are a number of elements to consider. To make a successful No Win No Fee whiplash claim, firstly you’ll be able to establish that a third party owed you a duty of care. Secondly, this duty of care was breached. Lastly, you were injured as a direct result of the third party’s breach of duty of care.
Additionally, you might have questions, such as:
- How much for a whiplash claim?
- Can you claim for whiplash twice?
- Will a whiplash claim affect my insurance?
- Who pays for whiplash claims?
In this guide, we’ll answer the above questions and teach you all you need to know about securing the maximum whiplash claims amount. We’ll also discuss the benefits of using the services No Win No Fee solicitors. Read on to find out more.
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Choose A Section
- Guidance On Claiming For Whiplash
- Calculating Your Whiplash Claim Amounts
- The Definition Of Whiplash
- What Evidence Could Lead To You Getting High Whiplash Claim Amounts?
- When Should I Use A No Win No Fee Lawyer?
- More Information On Whiplash Claim Amounts
- You were owed a duty of care
- The duty of care was breached
- You suffered physically or mentally as a result
Whether you are a driver or a rider, when using the roads you are owed a duty of care under the Road Traffic Act 1988. Therefore, if another road user’s negligence caused an accident in which you were injured, you might be able to make a claim.
It is possible to claim for someone who is under 18, or lacks the mental capacity to claim, but you must do so as a litigation friend. However, in order to qualify as a litigation friend, you must be able to make fair and competent decisions and will not have conflicting interests with the injured person.
Our advisors offer free consultations on your claim and can verify your eligibility to seek whiplash compensation amounts. Furthermore, you won’t be obligated to make a claim with us if you don’t want to.
You might wonder, ‘how much are whiplash claims worth?’ Back in May 2021, changes were made under the Whiplash Reform Programme, which influences what you could receive for a whiplash claim amount. Drivers or passengers over the age of 18 must now claim a payout for whiplash through an online government portal, but only if your injuries are valued at less than £5,000.
The Whiplash Injury Regulations 2021 introduced the government’s fixed tariff of compensation for whiplash injuries. The tariff essentially acts like a whiplash claim calculator, but only for injuries lasting up to 2 years.
We’ve included the figures in the table below.
|Duration of injury||Total amount of damages for one or more whiplash injuries||Total amount of damages for one or more whiplash injuries and one or more minor psychological injuries|
|Less than 3 months||£240||£260|
|Between 3 to 6 months||£495||£520|
|Between 6 to 9 months||£840||£895|
|Between 9 to 12 months||£1,320||£1,390|
|Between 12 to 15 months||£2,040||£2,125|
|Between to 15 to 18 months||£3,005||£3,100|
|Between 18 to 24 months||£4,215||£4,345|
Can You Claim For Whiplash Twice?
If you have suffered multiple injuries, you might question, ‘can you claim for whiplash twice?’ It may be possible for you to claim additional compensation when your whiplash injuries extend beyond your neck, shoulder or back areas and are valued over £5,000.
To work out what you might receive for general damages, which relate to any physical or psychological harm inflicted due to your personal injury, solicitors may use guidelines from the Judicial College (JCG). The document features potential compensation ranges based on the outcomes of previous personal injury court settlements.
Figures from the JCG may also apply to you if you suffered a whiplash injury before 31st May 2021 or weren’t a passenger or driver of a vehicle. Therefore, there may be no need for you to claim through the government’s online portal.
The table below features estimations of whiplash claim amounts based on the 16th edition of the JCG, produced in April 2022.
|Severe (i) Back Injuries||£91,090 to £160,980||Severe pain and disability persists and you might have a significantly impaired bladder or bowel.|
|Severe (ii) Back Injuries||£74,160 to £88,430||Symptoms include nerve root damage combined with the loss of sensation.|
|Severe (iii) Back Injuries||£38,780 to £69,730||You may suffer impaired agility and sexual function.|
|Severe (i) Neck Injury||In the region of £148,330||Despite constantly wearing a collar, there is little to improvement in your neck’s movement.|
|Severe (ii) Neck Injury||£65,740 to £130,930||There will be a substantial loss of movement in the neck.|
|Severe (iii) Neck Injury||£45,470 to £55,990||Fractures could cause severe damage to soft tissues.|
|Severe Post-Traumatic Stress Disorder||£59,860 to £100,670||Permanent effects may prevent you from working.|
|Moderately Severe Post-Traumatic Stress Disorder||£23,150 to £59,860||Significant disability is likely in the foreseeable future.|
|Moderate Post-Traumatic Stress Disorder||£8,180 to £23,150||Ongoing effects are not too grossly disabling, whilst a recovery is likely.|
|Other Arm Injuries Resulting in Permanent and Substantial Disablement||£39,170 to £59,860||One of both forearms may be seriously fractured leading to a major permanent residual disability.|
If you suffer financial harm or loss as a result of your whiplash injury, you might be able to claim special damages. This head of claim considers costs and expenses including:
- A loss of earnings, both past and future
- Medical fees
- Care costs
- Travel expenses
As such, we would advise that you keep hold of anything that could prove special damages. For example:
- A wage slip
- Bank statements
Our panel of solicitors could offer a more precise estimation of what you might receive in general and special damages. Speak to our advisors to find out if we could help you.
Under the Civil Liability Act 2018, the definition of a whiplash injury is defined as a soft tissue injury involving the neck, shoulder or back. A soft tissue injury can be sprains and strains that affect your muscles and ligaments. A whiplash injury may occur due to sudden and abrupt motion.
The Highway Code sets out the duty of care that all road users owe to each other. When this duty of care is breached, you could suffer a whiplash injury and therefore might be able to claim. Here are some examples of how a whiplash injury could occur due to the negligence of a third party:
- If you are on public transport, such as a bus, the driver may fail to indicate when pulling out from a bus stop causing a crash with an oncoming vehicle. The impact of such a bus accident may cause whiplash.
- You could be in a taxi and the driver is over the speed limit. The driver may then slam on due to a sudden change in traffic lights, thus causing you to suffer a neck injury.
- A car park accident could occur if you are parked up in a car park and a moving vehicle crashes into you because the driver is driving under the influence of drugs.
It’s worth noting that, under the Limitation Act 1980, you generally need to start a claim within three years of the car accident causing you the injury. Alternatively, you could claim within three years from the date it was established that someone else’s negligence caused you harm.
Our advisors are available 24/7 to help you with any queries. If you have a valid claim, you may be connected to our panel of solicitors, who could help speed up the process of getting you the maximum whiplash claim amounts.
When claiming whiplash claim amounts, it’s important for you to gather evidence to support your claim. A first port of call would be to seek medical attention. The doctor’s report or hospital records can provide key evidence of your injuries.
Other evidence that you could collect includes:
- The defendant’s insurance information
- Details of the vehicles involved, including registration plates
- A police report
- Dashcam footage or CCTV footage, if available
- Photographs of your injuries and the accident scene
A solicitor from our panel could help you gather evidence. Furthermore, they could arrange for you to have a medical assessment in order to prove your injuries. An advisor can verify if our panel of solicitors could help you.
No Win No Fee agreements offer an accessible way for you to fund legal representation without incurring hidden fees or surplus charges. Additionally, your lawyer requires no upfront fee for their services and you would pay them a legally capped success fee, but only if you win compensation.
Our panel of lawyers offer their services on a No Win No Fee basis to give everyone an equal chance of taking action.
Get Advice On Getting High Whiplash Claim Amounts
Our panel of solicitors are experienced and could help you cover all bases of a claim. You can speak to an advisor for free legal advice and to determine your eligibility in working with us. If you would like to get in touch, you may:
- Call the phone number featured on the banner of this page
- Contact us via our website
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For further information on whiplash claim amounts, here are some additional resources.
Neck pain – NHS advice on alleviating neck pain symptoms.
Think – Find out about the government’s road safety campaigns.
Speed limits – Here are the speed limits in the UK.
We have more guides that may be of use to you.
- How To Make A Claim After A Road Traffic Accident
- Compensation Claims When Using Cycling Accident Solicitors
- Can I Claim For An Accident On Public Transport?
- How Much Could I Get For A Bus Accident Claim?
- How To Make A Car Accident Neck Injury Claim
- Compensation Amounts For A Car Park Accident Claim
- Motorcycle Accident Claims – No Win No Fee Solicitors
- Can I Claim After I Had An Accident On Public Transport?
- Can I Claim For An HGV Accident?
- What Are The Payouts For Pedestrian Accident Claims?
- How To Claim Whiplash As A Passenger
- Maximum Car Accident Claim Payouts
- How To Make A Passenger In A Car Accident Claim
- Can I Claim For A London Taxi Accident?
- MIB Claims After An Accident With An Untraced Driver
- What To Do When Making A Fatal Car Accident Claim
- Minor Car Accident – Can I Claim?
- Compensation Amounts For A Taxi Passenger Accident Claim
- A Guide to Car Accident Claim Solicitors
- A Guide To Taxi Accident Claims
- Where Can I Find The Best Pedestrian Accident Solicitors?
- What Is The Average Settlement For A Taxi Cab Accident?
That concludes our guide on whiplash claim amounts. Please don’t hesitate to get in touch if you have any questions.
Publisher Ruth Vaughn
Writer Lewis Jackson