This guide will explore the question ‘can I sue for a whiplash injury?’. If you have been injured in a road traffic accident as a result of another road user’s negligence, you may be able to seek compensation. We will look at when this could be possible and how the whiplash reforms could impact the way you make your claim and the compensation you could be awarded.
Can I sue for a whiplash injury?
Additionally, we will look at what could constitute road user negligence and how an accident on the road could occur.
Furthermore, we will explore the process of seeking road traffic accident compensation, including the evidence you could gather to support your potential claim.
You may be interested in seeking legal representation on a No Win No Fee basis. If so, we will explore what this means in more detail later on in our guide.
Please continue reading to learn more. Alternatively, if you would prefer to speak with a member of our team regarding your potential claim, you can do so by:
- Calling 0800 408 7827
- Using the live chat feature in the bottom right of the screen
- Filling in our online contact form.
Choose A Section
- Can I Sue For A Whiplash Injury?
- When Can I Make A Whiplash Injury Claim?
- What Could I Receive From An Injury Claim For Whiplash?
- Potential Evidence That Could Help In A Road Traffic Accident Claim
- What Are The Benefits Of Making A No Win No Fee Road Accident Claim?
- Learn More About Whether You Can Sue For A Whiplash Injury
Can I Sue For A Whiplash Injury?
There may be instances when you’re eligible to seek compensation for the harm you sustained in a road traffic accident. There are different types of road accidents. For example, you may have been a driver or passenger in a car or another vehicle.
However, not all road traffic accidents will form the basis of a valid claim. You must be able to demonstrate that you experienced harm as a result of a road user breaching the duty of care they owed you.
If you have a valid personal injury claim, the extent of your injuries as well as the impact they have on your everyday life can influence how much compensation you could receive if your case is successful. Additionally, if your claim is subject to the whiplash reforms, this could influence the payout you receive. We will explore more about this later on in our guide.
To learn more about whether you can sue for a whiplash injury, get in touch on the number above. Alternatively, continue reading to learn more about the duty of care owed to you by other road users.
When Can I Make A Whiplash Injury Claim?
Road users must behave in a way that does not put themselves or others using the roads at risk of injury. This duty of care they owe is outlined in the Road Traffic Act 1988. Additionally, The Highway Code offers guidance and rules for various road users. The rules are set out elsewhere in law.
Failure to do so could result in accidents taking place on the road. Examples of road traffic accidents can include:
- A driver fails to check their mirrors before overtaking. As a result, they crash into the side of another vehicle.
- A driver fails to stop at a red light, resulting in them crashing into another vehicle head-on. As a result, both driver and passenger sustain whiplash and other injuries, such as a break or fracture.
- A driver operates their vehicle under the influence of drugs causing themselves and the passenger in the car to sustain multiple injuries, including whiplash and a broken nose.
To find out when you could sue for a whiplash injury, get in touch with an advisor via the number at the top of the page. Alternatively, continue reading to learn more about how the whiplash reforms could affect your claim.
What Could I Receive From An Injury Claim For Whiplash?
As of 31st May 2021, if you are the driver or passenger of a vehicle who is over the age of 18 and has sustained whiplash or soft tissue injuries worth £5,000 or less, your claim will need to be made via the government’s Official Injury Claims portal. This is as per the Whiplash Reform Programme which made changes to the way low-value road traffic accident claims are made in England and Wales.
The changes mean that your whiplash or soft tissue injuries will be valued in accordance with the tariff of injuries which is outlined in the Whiplash Injury Regulations 2021. These figures have been used to create the table below.
| Timespan of injury | One or more whiplash injury | One or more whiplash injury with one or more psychological injury |
|---|---|---|
| No longer than 3 months | £240 | £260 |
| 3-6 months | £495 | £520 |
| 6-9 months | £840 | £895 |
| 9-12 months | £1,320 | £1,390 |
| 12-15 months | £2,040 | £2,125 |
| 15-18 months | £3,005 | £3,100 |
| 18-24 months | £4,215 | £4,345 |
It’s important to note that even if you do not claim through the government’s Official Injury Claims portal, your whiplash or soft tissue injuries could still be valued in line with the tariff of injuries. This is because the tariffs apply to all occupants inside a vehicle. If you have other injuries that are not listed in the tariff, they will be valued in the traditional way.
Settlements awarded following successful personal injury claims could comprise general and special damages. General damages account for any physical or mental pain and suffering you endure as a result of your injuries.
We have put together a table of guideline compensation amounts from the Judicial College Guidelines (JCG). Although the document can be used by legal professionals to help when valuing your injuries, these figures aren’t guaranteed. This is because each personal injury claim is unique, and your potential settlement could differ.
| Injury | Severity | Compensation Bracket |
|---|---|---|
| Head | (a) Moderately Severe: The person has a very serious disability. | £219,070 to £282,010 |
| Head | (b) Moderate (ii): The person experiences an intellectual deficit of a moderate to modest nature, their ability to work is reduced and there is a risk of epilepsy. | £90,720 to £150,110 |
| Neck | (a) Severe (i): Cases where despite wearing a collar 24 hours a day for a period of years, there is little to no movement in the neck along with other symptoms, such as headaches. | In the region of £148,330 |
| Neck | (a) Severe (ii): An injury that involves severe fractures or damage to discs in the cervical spine which lead to disabilities of a considerable severity. | £65,740 to £130,930 |
| Neck | (a) Severe (iii): Injuries that result in severe damage to soft tissues, fractures or dislocations. | £45,470 to £55,990 |
| Arm | (b) Injuries that lead to a permanent and substantial disability such as serious fractures affecting one or both forearms. | £39,170 to £59,860 |
| Shoulder | (a) Severe: Neck injuries that involve brachial plexus damage. The result is a significant disability. | £19,200 to £48,030 |
| Shoulder | (b) Serious: A rotator cuff injury with ongoing issues after surgery. | £12,770 to £19,200 |
| Back | (b) Moderate (i): Injuries included in this bracket can include a prolapsed intervertebral disc that needs surgery. | £27,760 to £38,780 |
| Back | (b) Moderate (ii): This bracket includes injuries such as a prolapsed disc that results in repeated relapses. | £12,510 to £27,760 |
Special Damages In A Whiplash Injury Claim
You could also be awarded special damages for the financial impact caused by your injuries. For instance, a disabling elbow injury may force you to make home adaptations. These costs could be covered by special damages. Other costs you could claim back include:
- Medical expenses
- Care costs
- Loss of earnings
It is crucial to keep a record of all financial losses if you wish to be compensated for them. This can be done through receipts, bank statements or invoices, for example.
For a more detailed analysis of how much road traffic accident compensation you could be owed when you sue for a whiplash injury, do not hesitate to contact a member of our team.
Potential Evidence That Could Help In A Road Traffic Accident Claim
As part of the personal injury claims process, there are several steps you could take following a road traffic accident. For example, you should seek medical attention. This allows you to get the medical attention you may need for any injuries and generates medical records that can be used to support your case.
Additionally, you could:
- Acquire CCTV footage of the incident
- Take photographs of the scene where it happened and/or your injuries
- Gather witness contact details for witness statements to be taken at a later date
- Keep a record of correspondence between insurance companies and yourself
You might also consider seeking legal help. Our team of advisors are available 24/7 to provide free legal advice regarding your potential claim. They can provide further guidance on whether you can sue for a whiplash injury.
What Are The Benefits Of Making A No Win No Fee Road Accident Claim?
There are many benefits to hiring legal representation on a No Win No Fee basis. Generally, the solicitors from our panel operate under a Conditional Fee Agreement (CFA). This typically means you do not have to pay any fees for their services upfront or whilst your case is ongoing. Additionally, if your case is lost, you won’t have to pay for the services they provide.
On the other hand, if your road traffic accident claim is won, you will have to pay a legally capped success fee that will be deducted from your compensation.
Get in touch with a member of our team to find out whether you are eligible to be represented on this basis.
See If You Can Make A Whiplash Injury Claim Today
Our team of advisors can offer you a free consultation 24 hours a day, 7 days a week. If you have a valid claim for a road traffic accident, they may connect you with a No Win No Fee solicitor from our panel. For more information about the services they can provide or to discuss when you can sue for a whiplash injury, get in touch by:
To get in touch with a member of our team for free legal advice:
- Calling 0800 408 7827
- Using the live chat feature in the bottom right of the screen
- Filling in our online contact form.
Learn More About Whether You Can Sue For A Whiplash Injury
Here are some additional resources that you might find helpful:
We have also included some of our other guides that you might find useful:
- How to sue someone for an injury in the UK
- How to sue an insurer for a car accident
- How to sue for a cycling accident
We hope this guide exploring the question ‘can I sue for a whiplash injury?’ has helped. However, if you have any more queries, please contact a member of our team using the details provided.
Article by PAS
Edited by MIT