How To Prove Whiplash Injuries When Claiming Compensation

By Danielle Griffin. Last updated 10th November 2023. If you have been injured in a road traffic accident, you might be eligible to claim compensation for your injury. However, you may have questions, such as ‘How can you prove whiplash injuries?’ In this article, we look at how to make a personal injury claim for whiplash.

This article will look at the duty of care all road users owe to each other. It is when this is breached, and you suffer an injury as a result, that you might become eligible for personal injury compensation. We’ll look at these criteria and examples of evidence that you could submit to support your case.

Additionally, this article provides information about the Whiplash Reform Programme and how this could affect the way in which you claim. We’ll also explain how your whiplash injury payout could be awarded.

If you are eligible to claim compensation for injuries suffered in a road traffic accident, you may like to instruct a solicitor to work on your claim. We conclude this guide with a look at the benefits of having legal representation on a No Win No Fee basis.

Get in touch with one of the advisors from our team if you have any questions about claiming compensation for whiplash. Our advisors are here to help with free advice 24 hours a day, 7 days a week.

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How do you prove whiplash injuries?

A Guide About How Can You Prove Whiplash Injuries

Select A Section

  1. When Am I Eligible To Make A Whiplash Injury Claim?
  2. Can A Whiplash Claim Be Refused?
  3. How Much Can I Claim For A Whiplash Claim?
  4. How Will The Whiplash Reforms Affect My Payout?
  5. No Win No Fee Whiplash Personal Injury Claims
  6. Related Claims Guides And Medical Information

When Am I Eligible To Make A Whiplash Injury Claim?

To be eligible to make a personal injury claim for a whiplash injury payout, you have to be able to prove that:

  • You were owed a duty of care
  • This duty was breached
  • You suffered whiplash injuries as a result 

Everyone who uses the roads owes a duty of care to others on the road, meaning that they must use the roads in a way that minimises the risk of causing harm to themselves and others. To uphold this duty, they must comply with the Road Traffic Act 1988 and the rules set out in the Highway Code. If another road user, such as a driver, breaches their duty of care, causing an accident in which you suffer whiplash injuries, then you may be able to claim compensation. 

Contact our team of advisors today to find out if you could be eligible to claim compensation for whiplash injuries.

Can A Whiplash Claim Be Refused?

In general terms, to claim for a whiplash injury, you would have to prove that you sustained harm as a result of another road user breaching the duty of care they owe you.

Evidence you can gather to do help strengthen your potential claim can include:

  • Dashcam footage
  • Pictures of the accident scene
  • Witness contact details
  • Police reports
  • Medical records. This can include the report from an independent medical assessment which a solicitor can arrange for you if you choose to hire legal representation.

To learn what whiplash medical examination questions you could be asked, get in touch on the number above.

How Much Can I Claim For A Whiplash Claim?

A whiplash injury payout could consist of general and special damages. General damages compensate for the pain and suffering, both physical and emotional, caused by your injuries. Special damages compensate for the financial losses caused by your injuries.

In order to accurately value the general damages portion of your claim, solicitors can refer to the Judicial College Guidelines. This document contains guideline compensation payouts for different injuries. They have been included in the table but you should only use them as a guide because you’re actual settlement could vary.

Edit
Injury Notes Settlement
Severe Back Injury (a) (i) Damage to spinal cord and vertebra resulting in incomplete paralysis and loss of bodily functions. £91,090 to £160,980
Moderate Back Injury (b) (i) Injuries resulting in permanent pain and loss of movement. £27,760 to £38,780
Severe neck Injury (a)(i) Permanent serious disabilities, which may include incomplete paraplegia. In the region of
£148,330
Moderate Neck Injury (b) (i) May cause lasting chronic conditions including permanent loss of mobility. £24,990 to £38,490
Minor Neck Injury (c) (i) Injuries which the victim recovers from within two years. £4,350 to £7,890
Severe Shoulder Injuries (a) Shoulder injuries involving damage to the neck and brachial plexus, resulting in significant disability. £19,200 to £48,030
Serious Shoulder Injuries (b) Dislocation in the shoulder and damage to lower part of brachial plexus resulting in permanent pain and symptoms. £12,770 to £19,200
1+ Whiplash Injuries With 1+ Psychological Injuries Symptoms lasting between 18-24 months £4,345
1+ Whiplash Injuries Symptoms lasting between 18-24 months £4,215

How Will The Whiplash Reforms Affect My Payout?

If you have sustained whiplash from a car accident, you might wonder whether the whiplash reforms will affect how you make your claim. Following the introduction of the Whiplash Reform Programme, changes have been made to the way adult passengers and drivers with whiplash injuries valued at £5,000 or under need to make their claim.  Additionally, whiplash injuries will be valued in line with the tariff set out in the Whiplash Injury Regulations 2021.

If any additional injuries have been sustained that take the total value of the claim over £5,000, the claim will not be impacted by the reforms. However, whiplash injuries will be valued in line with the whiplash tariff. This tariff is a fixed amount. Any other injuries not included in the tariff will be valued in the traditional way.

For more information on whiplash injury compensation for the UK, get in touch on the number above.

No Win No Fee Whiplash Personal Injury Claims

If you are eligible to make a personal injury claim for whiplash, you may like to seek legal representation. If so, one of our road traffic accident solicitors can help with your case. Our solicitors generally work under the terms of a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement.

When your solicitor works on your claim under a CFA, they don’t charge you upfront for their services. They also won’t ask for payments as your claim is ongoing. Furthermore, you won’t be charged for your solicitor’s services following an unsuccessful road traffic accident claim.

However, your solicitor will take a success fee from your award if your claim outcome is successful. This amount is deducted as a small percentage that is limited by the law.

If you would like to know more about how the claims process works or get a free valuation of your potential whiplash injury payout, our advisors are here to help. Additionally, if you satisfy the eligibility requirements, you could be connected to one of our personal injury solicitors.

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Related Claims Guides And Medical Information

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