What Is The Minimum Payout For Whiplash?

The minimum payout for whiplash can vary from case to case, and in this guide, we’re going to answer all of your questions about this subject.

If you’ve been in a road traffic accident or a slip and fall, then you may have suffered whiplash as a result. You could receive compensation for this injury if the accident which caused it wasn’t your fault. Below, we’ll take a look at the current whiplash payout scale uk 2022.

Whiplash is caused when the head is moved suddenly. Many people associate whiplash with neck and shoulder pain, but it can also cause headaches and muscle spasms in the arms and shoulders. Whiplash can have a real impact on your quality of life as you heal. Claiming compensation can help reduce the stress associated with recovering from an injury such as whiplash.

People who suffer this injury may ask, “what is the minimum payout for whiplash?”. In this guide, we’ll explain what exactly whiplash is and how you can claim for it. We’ll also discuss the potential payouts that may be given out to compensate for whiplash injury. Further to this, we look at the whiplash average payout for UK claims.

Get In Touch With Our Team About The Whiplash Payout Scale For UK Claims

You can contact United Solicitors for free specialist advice on personal injury claims. Our advisors can help to answer any questions you may have about compensation for whiplash injuries.

You can reach us online by submitting an online claim form or you can request a callback.

You can also speak to us through our live chat service. If you would prefer to call us, you can do so on 01612258181.

Services And Information

What Is Whiplash?

Whiplash is a neck injury that can occur when there is a sudden movement of the head. For instance, whiplash may occur due to a traffic accident or as the result of a slip and fall. These types of accidents can cause your head to move backwards and then forward in a quick and forceful manner.

If the movement of your head is severe enough, it can cause injuries associated with whiplash. These can include:

• Tears to the ligaments, muscles and other tissues of the neck
• Nerve damage around the neck
• Injury to disks between the bones
• Injury to bones in the spine

Having a whiplash injury can lead to a range of symptoms. Some symptoms of a car accident that could be whiplash could include:

• General pain around the neck
• Neck stiffness and difficulty moving your head
• Headaches
• Pain and muscle spasms around the shoulders and arms

The extent of whiplash injuries and how severe the symptoms are can vary depending on how forceful the movement of the neck was in an accident. You may recover from minor whiplash injuries within a few weeks. More serious cases could take many more months to recover from.

A doctor may recommend that you use painkillers to manage the pain. They may also suggest that you undertake a course of physiotherapy to aid in your recovery. Very severe neck injuries can cause a lot of pain and restriction of movement on a long-term or even permanent basis.

Is There A Minimum Payout For Whiplash?

As of May 31st 2021, the way whiplash injuries are awarded has changed for road traffic accidents alone because of the Whiplash Reform Programme. These changes only apply to accidents on or after this date. If the accident that caused your whiplash was before this date then your personal injury claim will follow the old rules. There are numerous factors that need to be considered while compensation for a whiplash injury is being calculated.

Some websites offer personal injury compensation calculators to estimate how much compensation could be owed. While these can give you a rough claim valuation, they often don’t collect enough information to give you an accurate estimation of your compensation.

Is there a whiplash average payout for UK claims?

As there is no average whiplash payout for UK claims, the settlement you receive will vary. Different factors will be taken into consideration when valuing your claim. For instance, your compensation may vary if you:

• Suffer more than just a whiplash injury – if you have other injuries, you could claim for each one.
• Develop a chronic pain condition – if whiplash triggers complex regional pain syndrome (CRPS), for example, you could claim for this.
• Suffer psychological injuries – This might include anxiety after a car accident.

If you would like to learn more about how the severity of your injury could affect your whiplash claim amount, we could help.

Why not call our team to discuss your case? We could give you some idea of where you could be on the whiplash payout scale uk 2022 claims.

Whiplash And Anxiety Claim – Can I Claim For Both?

When claiming compensation for whiplash, it may be possible to claim for both whiplash and mental health problems such as anxiety. However, your anxiety must have been caused due to your whiplash accident. It may also be possible to make a whiplash and anxiety claim if pre-existing anxiety was made worse by your road traffic accident.

For evidence, you should seek a diagnosis from a medical professional. This is something a solicitor from our panel could help you with.

For any psychological harm, you would receive compensation in line with the Judicial College Guidelines (JCG). We’ll discuss the JCG further on in the article and give you an idea of the average whiplash settlement for claims involving anxiety. Continue reading to find out more.

Compensation For Whiplash Injury

If you were injured in an accident that occurred before May 31st 2021, your whiplash compensation is awarded in line with the Judicial College Guidelines (JCG). This would also be the case if your injuries were valued over £5,000.

However, if you were injured after this date or your injuries are higher valued, compensation for a whiplash injury will be awarded via the Whiplash Reform Programme.

We cannot provide the average payout for whiplash you might receive, given that each case is unique. However, if you are required to claim through the Whiplash Reform Programme, your compensation will be valued according to the tariff of injuries in the Whiplash Injury Regulations 2021.

Continue reading to find out more about whiplash compensation. We’ll also go into more detail about general and special damages and what evidence you’ll need to support your road traffic accident claim.

The Whiplash Payout Scale In The UK Under The Whiplash Injury Regulations 2021

In May 2021, the Whiplash Injury Regulations 2021 was introduced by the government. It sets out the new whiplash payout scale uk 2022.

These compensation awards are fixed, meaning there’s no negotiating for higher amounts. If you fall into a particular category, that is what you will likely receive.

So under the new regulations, the minimum payout for whiplash in the UK is £240, with the maximum being £4,345.

The government wanted to bring down the average payout for whiplash to levels it thinks are more suitable, which is one of the reasons why they were introduced.

It’s also an attempt by the government to pass financial savings onto consumers by encouraging insurers to bring down the cost of premiums.

Minimum Payouts For Minor Whiplash Claims Or Serious Types Of Whiplash

One of the factors which influence the payout for a whiplash claim is how serious the injury is and how it has affected your quality of life. Medical evidence is crucial in determining how much compensation you could receive for your whiplash injury.

The Judicial College guidelines value injuries for a claim before the new reform. They include numerous estimated figures which may be applied to a whiplash claim. The guidelines include estimated figures specifically for neck injuries (which may be caused by whiplash) based on different levels of severity and different potential issues the victim may be experiencing.

What Else Should You Know About Claiming Compensation For A Whiplash Injury?

In order to claim compensation for any kind of injury, you need to be able to show that someone else was at fault for your injuries due to a breach of duty of care. It’s important that you provide evidence that else’s negligence caused the accident and your subsequent injuries.

If you have suffered whiplash in a car accident, then CCTV or witness statements may be able to corroborate your version of events. The damage on your vehicle may also be able to inform who was at fault for an accident.

For instance, if someone crashed into the back of your car, they will almost always be deemed liable. Even if you performed an emergency stop on the road, the other driver should have left a safe stopping distance between their car and yours. Failure to do so constitutes a breach of duty of care.

If you’ve suffered whiplash after a fall in public or after an injury at work, then similarly, you may be able to use witness statements or CCTV to support your claim. You should also take photos of the hazard that caused the accident and detail your accident in the accident book, if possible.

It’s also advised that you seek medical attention soon after the accident. The benefit of this is twofold; not only will you get the medical attention you need, but this will create a record of your injuries that may be able to support a claim in the future.

Would a child accident be compensated in accordance with the whiplash payout scale for UK cases?

If your child is injured in a car accident and they develop whiplash, a responsible adult could claim for them. Their whiplash claim amount would be dictated by the severity of the injury and its effects on the child.

Whiplash Injury Compensation

How you will claim for a whiplash injury will depend on the Whiplash Reform Program and if you are required to use it. As stated, if the whiplash injury you suffered is worth over £5,000 in compensation, then you could be able to make a claim outside of the WRP.

Claiming for a whiplash injury through a personal injury claim is different to using the portal. You will still be required to present evidence of your injury and its effects to you, but there are no fixed tariffs in place – you may be able to negotiate or refuse a settlement offer.

As explained, legal professionals working on claims commonly use the Judicial College Guidelines (JCG) to value compensation in a claim.

If you had suffered multiple injuries in your accident, then the listed valuation of your injuries in the JCG could take you outside of the WRP threshold. If you would like a valuation of your injuries please reach out to an advisers now, or read on to find out about special damages, the compensation you could seek for the effect your injuries had on your finances.

Claiming For Whiplash – Could I Be Awarded Special Damages

In the previous sections, we have shared how to claim for whiplash through the government’s official online portal. We also shared how much compensation for whiplash you could receive when making a claim in line with the Whiplash Reform Programme.

The table in the previous section relates to how much compensation you could receive in general damages for a personal injury claim. However, when claiming for whiplash from a car accident, your compensation settlement could also include special damages. Special damages aim to compensate you for the financial losses you have suffered due to your injury, such as:

• A loss of earnings due to having to take time off work.
• Medical costs, such as having to pay for physiotherapy.
• Travel expenses, such as having to take taxis to your medical appointments.

You will need to provide evidence of these losses to claim them back under special damages. Evidence could include receipts, bank statements and invoices.

Contact one of our advisors today if you have any questions about claiming for whiplash. If they believe that you could be eligible for compensation, they could connect you with an experienced solicitor from our panel, who could help you with your claim.

How Long Do You Have To Claim A Whiplash Payout?

You have three years from the date of the accident to claim compensation for a whiplash injury. So, for example, if you have a car accident on 12th January 2023, you will have until 12th January 2025 to issue court proceedings.

It may seem like a generous period, but it’s always advisable to begin right away. The longer you leave it, the harder the claim becomes to investigate. Evidence may get lost, and memories may become hazy. It also takes time to present the case to the defendant and obtain more specialist evidence, like a medical report.

However, there are exceptions to the car accident claims time limit as outlined in Section 33 of the Limitation Act 1980. The time limit is only extended or suspended in exceptional circumstances. You must have a solid reason for delaying your claim.

An additional exception relates to those under the age of 18. Claimants involved in an accident when they were under 18 have until their 21st birthday to bring forward a claim for a whiplash payout. A litigation friend, such as a parent or guardian, could potentially claim on their behalf before this time.

A litigation friend may also claim on behalf of someone who lacks the mental capacity to make decisions alone, as stated in the Mental Capacity Act 2005. There is no time limit for someone who has diminished mental capacity. It would only begin should they regain the ability to make decisions by themselves.

If you are unsure whether you are within the time limit to make a claim, speak to our advisors and they can clarify free of charge. If you’d like to proceed with a claim, they can also help you with that too.

Whiplash Reform Programme

From 31st May 2021, the Whiplash Reform Programme will take effect across England and Wales. The reforms apply to low-value personal injury claims from road traffic accidents and include whiplash injuries.

Under the reform, those wanting to make a small personal injury claim for whiplash can use an online service. It is an online portal that can guide you through the process of making a claim, obtaining a medical report, managing your claim and receiving compensation.

Official Injury Claim is an impartial, free-to-use service that has been developed by the Motor Insurers’ Bureau (MIB). It can be used to claim up to £5,000 for personal injury, rising to a total of £10,000 when financial losses are included as well.

Get in touch with us today to speak with an advisor.

Compensation For Whiplash – What Are The Whiplash Reform Programme Criteria?

As with all claims for road traffic accidents, if you are seeking compensation for whiplash, you will need to prove that you suffered your injuries due to another road user breaching their duty of care. As previously mentioned in this guide, the process of how certain road traffic accident claims are made has changed due to the Whiplash Reform Programme. The way you make your whiplash claim may have changed if you meet the following criteria:

• You are 18 or over.
• The road traffic accident that caused your injuries occurred in England or Wales.
• You were injured as a passenger or driver of a vehicle.
• The injuries you suffered are valued at £5,000 or less. This includes injuries such as whiplash and minor soft tissue injuries.

Furthermore, your whiplash injuries will be valued in line with the tariff in the Whiplash Injury Regulations 2021. These are fixed amounts, and have provided examples of these figures in a table in a previous section in this guide. Any additional injuries you have suffered that are not covered by this tariff will be valued traditionally.

Get in touch with an advisor from our team to find out more about whiplash compensation claims. They can help you if you are unsure which avenue to take when making your personal injury claim.

Evidence To Support Your Whiplash Claim

If you ask, ‘can you claim for whiplash?’ it would depend on whether you have evidence to support your case. In this section, we look at examples of evidence that could support a whiplash claim.

Firstly, if you are seeking whiplash compensation, you will need proof of your injuries. This applies whether you are claiming through the reforms or in the traditional manner. In addition to your medical records, you might be asked to attend an independent medical exam to assess the severity of your injuries and what impact they could have on your life.

You will also need evidence of the road traffic accident that caused your injuries. For example, you can submit footage of the accident from CCTV or a dashcam. This can help prove that the other driver’s negligence caused you to suffer whiplash in a car accident. Additionally, if anyone witnessed the accident, you could note their contact details so they can provide a statement at a later date.

Call our advisors for free advice about what you could submit to support your claim. Additionally, they can assess your chances of successfully recovering compensation. If it seems like your claim is valid you could be passed onto one of the No Win No Fee solicitors on our panel.

Compensation For Whiplash – Claiming With A No Win No Fee Lawyer

Now that we’ve discussed how much for a whiplash claim you could be awarded, we want to discuss how the No Win No Fee solicitors on our panel could help you get compensation for whiplash. They’ll offer you a type of No Win No Fee contract known as a Conditional Fee Agreement, which means your solicitor’s fees aren’t your responsibility if your claim does not succeed.

If your claim succeeds, however, they deduct a success fee from your whiplash claim amount. The percentage they take is capped by law under the Conditional Fee Agreements Order 2013.

Other benefits of hiring a solicitor under this type of arrangement include:

• Any ongoing fees accrued during the claims process are typically covered
• You usually won’t be expected to pay your solicitor a fee upfront
• As you discuss any fees with your solicitor before hiring them, there usually aren’t any hidden charges

Our advisors can put you in touch with a No Win No Fee injury lawyer from our panel. Firstly, they’ll discuss your case and answer any questions you might have about claiming for whiplash compensation in the UK. Contact us at any time to arrange for your free consultation.

Contact Us For More Help

Thank you for reading our guide on the minimum payout for whiplash. You can contact United Solicitors today through one of the following methods:

• Using our online claim form
• With our call-back form
• By speaking to us on our live online chat service

• By calling 01612258181

For more information on whiplash injury claims, you can read the resources below:

What To Do If A Whiplash Claim Is Refused

This guide focuses on what to do if you are refused compensation you believe you are entitled to for a whiplash injury.

When And How To Report A Car Accident

Car accidents can be the cause of whiplash injuries. This guide explains when you should report being in a car accident and how to claim for it.

A Guide To Slip And Fall Accident Claims In UK

Slip and fall accidents are one of the ways in which a whiplash injury could occur. This guide provides more insight into what to do if you are injured by this type of accident.

NHS Whiplash

This page from the NHS website provides information on whiplash, including symptoms and treatment options.

The Highway Code

This code is essential reading for all road users. It outlines the duty of care that all road users have to one another.

Slips and Trips- HSE

The Health and Safety Executive has provided information and guidance on reducing the risks of slips, trips and falls in the workplace.

Thanks for reading our guide about the minimum payout for whiplash.