Whiplash Compensation: How Much am I Entitled to?

The introduction of new legal reforms has massively altered the personal injury compensation landscape, in terms of access to justice and what you can claim in relation to whiplash compensation amounts.

For those suffering from whiplash, the pain and suffering can be debilitating following an accident that wasn’t their fault.

What is whiplash?

The term whiplash applies to an injury which sees the head suddenly jolted forward, backwards or sideways following an impact on the person or the vehicle they are travelling in. This movement stretches the ligaments and tendons in the neck at such a rate that it causes short or longer-term damage; this can even be permanent.

You may be suffering from whiplash if, following an accident, you have any of the following symptoms:

• Neck pain and stiffness
• Pain when moving your neck
• Loss of range of neck movement
• Frequent headaches, often at the base of the skull
• Numbness or tingling sensation in the arms
• Pain or tenderness in the upper back region (including shoulders and/or arms)
• Dizziness or fatigue

To find out more about the circumstances of a road traffic accident (RTA) claim, and whether you can claim for injuries sustained as a result, click here to be taken to the dedicated RTA claims page.

Current compensation for whiplash claims

If you submitted your claim for whiplash compensation before 31st May 2021, the legal regulations around eligible amounts will be different to claims submitted from 31st May 2021 onwards, when the Whiplash Reforms come into effect.

Before this date, the amount of compensation available is dependent on the nature of your injuries and the impact it has on your day-to-day life, with larger amounts available compared to the post-reform tariffs. The nature of the injury also has a bearing on your compensation amounts, with, for example, paralysis providing a far larger amount than the effects of short-term whiplash, for understandable reasons; as will any issues relating to future mobility, ongoing impact on your life and abilities to carry out daily functions. These amounts are decided using the Judicial College Guidelines.

To find out more about making a claim, click here.

Changes to whiplash compensation

As part of the Civil Liability Act 2018, these new measures were brought in by Government to limit whiplash compensation amounts available.

As a result, claimants are now able to handle their own claims through the Official Injury Claims portal; as part of this, solicitors cannot recover their fees from the other side making it increasingly difficult for people seeking low-value compensation to get the legal help required.

All claims under the value of £5,000 will be required to go through the portal.

If you’re unsure if your claim will be affected by the reforms, contact our team today and we’ll provide the helping hand you need to guide you through the process or make a claim on your behalf. 

Compensation for other losses

If you are making a personal injury claim, the chances are the damage and disruption to your life go beyond the physical elements. These include other associated costs that leave you out of pocket, including loss of earnings for time off work as a result of injuries sustained in the accident, the costs associated with travelling to medical appointments and the medical treatment itself.

These factors – under the category of special damages – are part of the claims process following a non-fault accident.

If you think you may have a claim for personal injury compensation following a non-fault accident, contact the expert team of advisors at Winns on our dedicated 24-hour claim line or start a Live Chat from any page on our website. Alternatively, you can request a callback for a time to suit you.

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