Whiplash Claims: How Much Compensation Can You Claim for Whiplash? (2023)

If you think you have whiplash or something similarInjuries after a car accidentEven if your symptoms are mild, the law entitles you to financial compensation for the pain and suffering suffered.

We are specialists in resolving whiplash claims. With nearly 300 years of combined legal experience, our non-compensated attorneys are highly trained to obtain the highest possible compensation for whiplash and other injuries.

We are committed to providing injured people with access to justice and offering our legal services with a no-win, no-pay guarantee.

There are many questions about how to claim whiplash. This guide tells you more about your rights and how to make a claim. Click on any of the sections below to get started.

What is whipping?

Whiplash is a soft tissue injuryin the neck caused by sudden movement of the head and neck.

Sometimes likened to the cracking of a whip, the rapid movement of the head and neck back and forth or side to side causes the ligaments and tissues in the neck to stretch and become damaged.

Injuries can be more serious if you turn your head at the time of the accident or if you don't expect it.

Symptoms of whiplash can include pain in the neck, shoulders and back, headaches, nausea and difficulty moving your head.

whipping is very commontraffic-accidentsand can occur regardless of the speed of impact. According to the government most80% of all traffic accidents were caused by whiplash..

When can I make a claim with no gain and no fees for whiplash?

You can claim your whiplash if you were involved in an accident that was wholly or partially caused by the fault of another driver. You can also claim if you were the driver or a passenger.

How long do I have to file a whip claim?

You can claim your claim up to three years after the day of the accident.

If you are making a claim on behalf of a child, you have up to three years from the date you turn 18 to make a claim.

How much compensation can you claim for whiplash injuries?

The amount of compensation you can claim for whiplash ranges from £240 to £4,215, depending on how long your injuries last.

As of June 2021, the amount of compensation you can claim for whiplash has changed.

To reduce the number of fraudulent whiplash claims, the government introduced the Liability Act in 2021. Under this new law, whiplash amounts have been reduced and are significantly lower than before.

Values ​​are now based on the duration of your injuries instead of the severity of your injuries.

Whiplash Claim Values ​​2023

New claims for whiplash compensation

Another 20% can be claimed under “extraordinary circumstances”. An example might be when the injury is exceptionally severe or circumstances have led to increased pain and suffering.

Whiplash claim rights have changed

The Civil Liability Act has changed the way someone can claim their whiplash.

Significantly, the Act raised the threshold for small claims from £1,000 to £5,000. With the introduction of the new flat whip rates, most whiplash claims now fall below this amount, reducing the injured party's privileges.

For whiplash claims worth less than £5,000, claimants will no longer benefit from a contribution from the negligent driver's insurer towards their legal fees, reducing the overall compensation they can receive.

Additionally, individuals now have the option of making a claim on their own or having a solicitor make a claim on their behalf for whiplash claims of less than £5,000 at https://www.officialinjuryclaim.org.uk/ .

Many members of the legal profession and those who suffered injuries suggested that the new laws limit access to legitimate justice, as the new fees are significantly lower than before.

Previously, mild whiplash injuries lasting just a few days or weeks were charged on average between €1,000 and €2,750, while severe whiplash injuries with persistent symptoms and spinal damage can be claimed for up to €97,500.

Claim for damages for "special damages".

The law has not changed your statutory right to reimbursement for expenses you have incurred or may incur in the future. These costs are referred to as “special damages”.

These costs can be as comprehensive as reimbursement for damage to your vehicle and belongings, any medical expenses such as rehabilitation and physical therapy, and loss of income.

Special damages you can claim

• damage to your vehicle
• damage to your property
• arrogance
• prescription cost
• Medical care, including physical therapy and rehabilitation
• prescription cost
• Travel expenses. (including visits to appointments and parking)
• Loss of income, future and past, directly related to the incident and injury.
• Any loss of employment opportunity, promotion, bonus or pension.
• Expenses related to the suitability of your home, if applicable.
• Any help or home care you need.

AFree damage advicecontacting a member of our team is the fastest way to find out how much to charge for your specific injuries. Most consultations last no longer than 5-10 minutes.

How much compensation can I claim for severe whiplash?

If your injuries are considered serious and the amount of your claim exceeds £5,000, the amount of compensation you can claim is set out in the Judicial Council Guidelines for the Assessment of General Injuries in Personal Injury Cases, which detail compensation. Quantities for certain amounts of damage.

The amount depends on the severity of your injuries and how long it takes for you to fully recover.

Our interactive calculator below will help you figure out how much compensation you can get if you claim whiplash.

The amounts listed below are based on the average settlement amounts awarded by the judges at the trial. Numbers are accurate as of January 2023.

Please note that compensation amounts may vary from case to case. These values ​​are only an indication of the value of your order.

As part of your claim at Bott and Co, you will receive aindependent medical evaluation. After this assessment, we know the exact amount of compensation we can claim for you.

A complete list of general indemnity amounts can be found at the bottom of this page.

In addition, you can claim special claims for damages; These are expenses that you may have incurred or incurred in the future in connection with your accident.

How do I make a no-profit, no-fee whiplash claim?

The first step is to talk to our team to find out if you have a complaint.

Our multilingual team of whiplash legal advisers can advise you on your first call if you are able to make a claim. It takes no more than 5-10 minutes.

We provide our legal services on a No Win No Fee basis. That means you won't pay a penny if we don't win your case.

Once you have chosen Bott and Co to represent you and agreed to our no-fee, no-fee agreement, you will be assigned an expert member of our whiplash claims team.

If you choose to file a claim with us, the legal damage claim process is divided into four steps.

adhesion test

We will ask you for information that you may already have at the scene of the accident. This includes the other parties' contact details, police reports, witness statements and photo and video evidence.

Then we can determine who was responsible for the accident. The more information you can provide us, the faster and easier we can bring a case against the third party. This usually means the process is shorter and you receive your compensation sooner.

Medical exam

Also, if you went to a general practitioner or emergency room, we may need to arrange anotherindependent medical evaluationto determine the extent of your injuries.

A follow-up examination is sometimes needed to see whether your symptoms have progressed and to accurately assess the amount of compensation you may be entitled to.

legal representation

Using your evidence and medical reports, our attorneys will create the best possible compensation case to present to the third party's insurance company.

A claim for your injuries and any financial loss will be filed with the third party. It will be negotiated until the claim is resolved.

We use all of our industry knowledge and experience to negotiate the maximum compensation for you.

Settlement: Compensation is paid

Once we have an offer from the liability insurer, we will discuss with you whether you accept it or whether we should continue to process the claim.

Once an offer has been accepted and we have received the money from the insurers, we will immediately send you a check for the amount of compensation.

How long does a whiplash claim last?

Each claim is unique based on your individual circumstances. It is therefore difficult to give an accurate estimate of how long it will take for a case to be resolved.

In general, more complex applications take longer than simpler ones.

For example, claims may end sooner if the other party admits they are at fault than claims if they don't.

Find out now if you can file a claim. Our experienced legal team can usually advise you on your first call, which lasts no more than 5-10 minutes, to determine whether you can make a claim.

If your injuries are more serious, it may take some time before you realize the full extent of your injuries.

In these cases, we may have to wait for a medical expert to confirm your prognosis before accepting an offer.

Our legal team can advise you on the likely duration of your case.

Should I contact the insurance company directly about my whiplash claim?

We encourage you to speak with an attorney before discussing an insurance company's compensation offer.

In many cases, the amount of compensation they may offer may be a fraction of what you are legally entitled to.

We encourage you to speak with an attorney before discussing an insurance company's compensation offer.

What should I do if my insurance company has already hired a law firm for me?

Insurance companies sometimes have relationships with law firms and may share your information.

You are under no legal obligation to accept legal representation made for you. It is entirely up to you who you represent.

Can I make a whiplash claim at no cost or gain?

There are no upfront fees for whiplash. Most attorneys, including Bott and Co, provide legal services in aNo profit No commission basis.

No Win No Fee is also known asConditional Price Agreement(CFA), which means that we agree to work for you on the basis that we will not charge you anything if the claim is unsuccessful on rare occasions.

Simply put, you won't have to pay a dime if we don't win your case.

After a change in law in 2013, most attorneys deduct a fee from their total fee to cover the cost of their legal services. We will explain our rates to you during your first conversation with us.

Why choose Bott and Co for your bullwhip claim?

We have built a reputation as one of the UK's most respected law firms over the past two decades.

Bott and Co has always been and always will be independent of insurance companies to ensure that you receive fully independent advice on your claim and the maximum amount of compensation to which you are legally entitled.

As aMember of the Bar Association, jRegulatory Authority of LawyersUnlike claims adjusters, we are subject to strict regulations and you benefit from absolute attorney-client privilege.

We don't share your details with any other company and our only concern is to make sure you get the best deal on the other side.

The support we offer our clients goes far beyond our award-winning legal services. Our customized claims process ensures that we are always there for you when you need us most.

Our most frequently asked questions about whiplash complaints

Can you claim whiplash if the accident was your fault?

allcar accidentit is unique and a combination of factors often contributes to an accident. Your right to complain depends on these circumstances.

You may not have failed, partial failure or failure. In all cases, you can still make claims. Even if you think you are guilty, legally you may not be. Please contact our team to discuss your case.

If you are co-responsible for the accident, you can claim a so-called shared responsibility agreement. This would mean that if you were 50% responsible for the accident, you would receive 50% less compensation.

We encourage you to speak with our team to discuss your case. It may be that you were not legally guilty or partially guilty. In all cases, you can still make claims.

Can I claim whiplash without consulting a doctor?

You can place your order with us without going to a GP or hospital, but we will arrange a medical appointment on your behalf.submit a medical certificateon the other hand.

The Civil Liability Act prohibits claiming whiplash without first obtaining medical evidence.

How long should a whiplash claim last?

Most cases of whiplash should resolve in less than six months. However, this time frame should only be used as an approximation, as every claim is different.

Each whiplash claim is unique, and so is the claim process that follows. The time it takes to process your complaint depends on its complexity. Your attorney will be able to tell you how long your case is likely to last.

From whom do I claim compensation?

In most cases, the insurance company of the driver responsible for the accident is legally obligated to pay the compensation amount you receive.

We strongly recommend that you speak with a lawyer independent from an insurance company before accepting any offer to ensure that the amount offered is comparable to the amount to which you are legally entitled.

Do whiplash claims go to court?

In our experience, less than 1% of cases go to court. Only if both parties cannot reach an agreement can a case end up in court. Even if your case goes to court, it is unlikely that you will need to be present.

Can I claim whiplash if I were a passenger?

Yes, you can claim whiplash if you are a passenger. For example, you could claim whether you were a passenger in a car or private transport, such as a taxi, or public transport, such as a bus.

In such cases, drivers are obliged to ensure the safety of their passengers.

Can I claim whiplash if I was hit by an uninsured driver?

Yes, you can file a claim if you were hit by an uninsured driver or if the driver violated the terms of your insurance policy. These claims are resolved with thecar insurance office, an independent agency that compensates victims of uninsured or untraceable accidents.

Can I claim whiplash if I am involved in a hit-and-run?

Yes, you can file a claim if you are involved in an accident when the driver at fault leaves the scene. Hecar insurance officedeal with these demands.

If I discuss my complaint with you, am I obliged to raise the complaint with you?

You are welcome; You can talk to us without having to file a claim.

What are whiplash symptoms?

Symptoms of whiplash can vary from person to person, depending on the circumstances in which the injury occurred.

The most common symptoms of whiplash are pain, tenderness or stiffness in the neck, muscle spasms and difficulty moving your head. It is also common to have headaches and pain in the shoulders and arms.

Whiplash doesn't always show up right away. It is common for symptoms to develop 6 to 12 hours after the accident, appearing and progressively getting worse a few days later.

It is important that you monitor your health and seek medical advice during this time, e.g. B. Visit your GP if you notice any of these typical symptoms of whiplash:

• Neck pain (including difficulty moving up, down and side to side).
• Upper and lower back pain.
• Discomfort or pain in the shoulders and arms.
• Headache and/or blurred vision.
• Dizziness, nausea, tiredness or loss of balance.
• swelling and inflammation.
• Difficulty sleeping.
• mental symptoms.

What should I do if I think I have whiplash?

If your pain is uncontrollable after taking pain relievers, we recommend that you visit your GP or emergency room to be evaluated by a physician.

Not only do they help you with your pain, they also document your injuries. These documents can be used as part of your claim.