Are you wondering ‘how long does it take to settle a whiplash claim?’. If so, this guide could help by exploring when you might be eligible to seek compensation and the process of doing so.
Suffering injuries due to third-party negligence can affect you physically, mentally and financially.
However, you may be able to seek compensation for the ways in which your injuries have affected you if your claim meets the relevant criteria. We will explore this in further detail throughout our guide.
We will also discuss how long you have to start the claims process alongside the factors that may affect how long it takes for a claim to settle.
Additionally, this guide will explore the different avenues you may be able to take to claim compensation.
If you need any other information, please don’t hesitate to get in contact with our team. Our advisors are available at any time that suits you to help with any queries you may have about your potential claim. To get in touch:
- Call 020 8050 2736
- Use the live chat feature below
- Fill out the contact form on our website.
How long does it take to settle a whiplash claim?
Choose A Section
- How Long Does It Take To Settle A Whiplash Claim?
- Calculating Compensation For A Whiplash Claim
- Explaining Whiplash
- What Evidence Could Support A Whiplash Claim?
- Why Should I Use A No Win No Fee Solicitor?
- More Information – How Long Does It Take To Settle A Whiplash Claim?
How Long Does It Take To Settle A Whiplash Claim?
If you’re eligible to seek compensation, it’s important to note that there are several factors that may affect how long it can take to settle a whiplash claim, such as:
- Whether your claim needs to go to court
- Whether further evidence is required to support your claim
- The complexity of your case
Additionally, the avenue you take to seek compensation may affect how long it takes for your claim to settle. For example, the Whiplash Reform Programme brought in changes to the way certain low-value road traffic accident claims are made. As per the reforms, passengers and drivers of vehicles who are over the age of 18 with injuries valued at £5,000 or less must claim through the government portal.
You may also wonder how long you have to start a claim. The Limitation Act 1980 states that you must start your claim within three years of the date the accident occurred or the date you connected your injuries with negligence. However, there are some exceptions to these rules.
To learn more about the factors that may affect how long your claim will take to settle and the exceptions to the time limit for starting a claim, get in touch on the number above.
Calculating Compensation For A Whiplash Claim
As mentioned, if your claim is subject to the whiplash reforms, you will need to seek compensation via the government portal. In doing so, your injuries can be valued in line with the tariff of injuries in the Whiplash Injury Regulations 2021. We have included a table with these figures below.
| Injury duration | Total damages for one or more whiplash injuries | Total damages for one or more whiplash injuries with one or more minor psychological injuries |
|---|---|---|
| Between 18 and 24 months | £4,215 | £4,345 |
| Between 15 and 18 months | £3,005 | £3,100 |
| Between 12 and 15 months | £2,040 | £2,125 |
| Between 9 and 12 months | £1,320 | £1,390 |
| Between 6 and 9 months | £840 | £895 |
| Between 3 and 6 months | £495 | £520 |
| Up to 3 months | £240 | £260 |
Alternatively, if your claim is not subject to the whiplash reforms, you will not claim through the portal.
The settlement you’re awarded following a successful personal injury claim can comprise general and special damages.
Special damages compensate for the financial losses you have experienced as a result of your injuries. For example, you may have lost earnings after needing to take time off work. You could claim these back provided you have evidence, such as payslips.
General damages compensate for the way your injuries have affected your quality of life. Consideration is given to the pain and suffering you have experienced and the severity of your injuries. When valuing this head of claim, solicitors can refer to the Judicial College Guidelines (JCG) to help them. The guidelines contain guideline compensation amounts for different injuries.
We have used these figures to create the table below. However, you should only use them as a guide because your actual settlement may differ from what’s listed in the table.
| Injury | Compensation | Notes |
|---|---|---|
| Severe Neck Injury (a) (i) | In the region of £148,330 | The injured person will have little or no movement in their neck and suffer from severe headaches despite having to wear a collar for 24 hours a day. |
| Severe Neck Injury (a) (ii) | £65,740 - £130,930 | Injuries such as serious fractures or damaged cervical discs are included in this bracket. These injuries will cause disabilities of a considerable severity. |
| Severe Neck Injury (a) (iii) | £45,470 - £55,990 | Chronic conditions can occur from severe damage to soft tissue or ruptured tendons. |
| Moderate Neck Injury (b) (i) | £24,990 - £38,490 | This bracket includes serious soft tissue injuries affecting both the neck and back. |
| Moderate Neck Injury (b) (ii) | £13,740 - £24,990 | This bracket includes injuries that have caused the acceleration and/or exacerbation of a pre-existing condition. |
| Moderate Neck Injury (b) (iii) | £7,890 - £13,740 | This bracket covers moderate soft tissue injuries. |
| Severe Back Injury (a) (i) | £91,090 - £160,980 | This bracket includes the most severe injury which involves spinal cord and nerve root damage. |
| Severe Back Injury (a) (ii) | £74,160 - £88,430 | Cases in this bracket have special features such as damage to the nerve roots alongside loss of sensation, impaired mobility and other issues. |
| Moderate Back Injury (b) (i) | £27,760 - £38,780 | Injuries include a prolapsed intervertebral disc that requires surgery. |
| Moderate Back Injury (b) (ii) | £12,510 - £27,760 | Injuries in this bracket include muscle and ligament disturbance that causes backache. |
For more information on calculating whiplash claim amounts please get in touch with our team on the number above. They can also provide further guidance if you’re still wondering ‘how long does it take to settle a whiplash claim?’.
Explaining Whiplash
According to the NHS, whiplash is a form of neck injury that is caused by sudden head movements. Most cases heal within a few months. However, it’s recommended that you seek medical advice if your symptoms do not improve after a few weeks.
The NHS states that whiplash can happen after a road traffic accident or a slip or fall. A road accident can involve a collision between two vehicles such as a bus accident, car accident, taxi accident, HGV accident. However, they can also involve a collision with a vehicle and a pedestrian, stationary object and cyclist.
However, in order to make a claim following a road accident that has caused whiplash, you must be able to prove that your injuries were caused by negligence. Negligence involves a third party breaching the duty of care they owed you and causing you to sustain psychological or physical harm as a result.
The Road Traffic Act 1988 sets out the duty of care that road users owe one another. As part of their duty of care, they must navigate the roads in a way that minimises the risk of an accident occurring. In addition, the Highway Code provides guidance and rules for each road user to follow. The rules in the Highway Code are supported by the law.
If another road user fails to uphold their duty of care and causes you to sustain an injury, you may be able to seek compensation.
For example, you may have sustained whiplash as a passenger after the driver of another vehicle crashed into the back of you while you were stopped at a set of traffic lights.
To find out whether you’re eligible to make a claim, get in touch on the number above.
What Evidence Could Support A Whiplash Claim?
After sustaining a whiplash injury, you should seek medical attention as soon as possible. This can ensure you receive the correct treatment and diagnosis. Additionally, it could produce medical records that you can provide as evidence in support of your claim. Other examples of evidence needed for a personal injury claim can include:
- Dashcam footage
- Photographs of where the accident occurred and of your injuries
- The contact details of any witnesses
- Police report, if applicable
Our advisors are able to offer you free legal advice to help you with any aspect of your potential whiplash claim. They can also provide further guidance on how long it can take to settle a whiplash claim, reach out to us today.
Why Should I Have A No Win No Fee Solicitor?
The solicitors from our panel could offer to represent your claim under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement which can allow you to hire legal representation without any upfront costs for your solicitors services. You also don’t need to pay for your solicitor’s services if your claim fails.
For claims that succeed, you will have a success fee deducted from your compensation. This is taken as a legally capped percentage.
For more information on whether a solicitor from our panel could offer their services under a CFA, call our team on the number above.
Ask Us “How Long Does It Take To Settle A Whiplash Claim?”
We hope this guide has answered your question ‘how long does it take to settle a whiplash claim?’. For any further queries, you can contact our advisors by:
- Calling on 020 8050 2736
- Messaging us through the live chat
- Filling out the contact form via our website.
More Information – How Long Does It Take To Settle A Whiplash Claim?
Below, we have provided some useful resources that you may find helpful:
- NHS – First aid
- GOV – Reported road accidents, vehicles and casualties tables for Great Britain
- GOV – Compensation After An Accident Or Injury
- Read about how you can claim maximum car accident payouts.
- If you’ve suffered from anxiety after a car accident, see our guide on how you can make a claim.
- See how to claim after an accident on public transport.
We hope our guide exploring the question ‘how long does it take to settle a whiplash claim?’ has helped. However, if you have any other questions, please get in touch using the details above.
Writer Jess Angel
Editor Meg McDonald