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Child Whiplash Claims – How Much Compensation Can I Claim?

By Olivia Fitzpatrick. Last updated 24th June 2021. Welcome to our child whiplash claims guide.

If your child has sadly been involved in a car crash or a sporting accident, they may end up suffering from whiplash. In most cases, children make a recovery within a matter of days. However, there are whiplash injuries that can be much more severe. No matter what applies to your child, if they have sustained a whiplash injury in an accident that was not their fault, you could be able to make a claim on their behalf.

We understand how hard it can be to see your child in pain and we’re here to help you claim the compensation you and your family deserve for your suffering.

Here at Legal Expert, our claims management team works with an experienced and reputable panel of personal injury lawyers that can help secure you the maximum compensation from your claim. We will guide you through every step of the claims process to make sure you get the payout you deserve.

To learn more about our services, please get in touch today for a free consultation. We can talk you through your options in an open and impartial manner, providing you with free legal advice and support. If you want help from a personal injury lawyer, we can connect you to our panel today for them to handle your claim on a No Win No Fee basis.

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A guide to child whiplash compensation claims

Whiplash happens when your child’s head is suddenly forced forward and then backwards. This often happens in car crashes. It can result in stiffness and pain in the neck, as well as pain in the arms, shoulders, chest, and head.

In this guide, we will reveal everything you need to know about making a claim for child whiplash compensation. After all, if your child has sustained whiplash in an accident that was not their fault, you will be able to claim child whiplash compensation on their behalf.

Read on to find out everything you need to know about doing so. This includes details on how long it takes to make a claim for whiplash, causes of whiplash, average child whiplash compensation payout amounts, our No Win No Fee service, and much more.

How long does it take to make child whiplash claims?

Child whiplash claims

Child whiplash claims

Parents and legal guardians have from the date of the accident until the child turns 18 in order to make a child whiplash compensation claim on their behalf.

If the victim has not already made a claim for child whiplash compensation by their 18th birthday, they will have three years to do so themselves.

It is worth noting that it is a lot easier to claim the sooner you do so. This is because the details will be fresh in your mind. Not only this, but it will be easier to get your hands on witness statements. After all, later down the line you may find that the witnesses have changed their phone number and/or moved home, making them difficult to reach.

Causes of a child whiplash injury

Whiplash happens when the head is thrown in a violent manner forwards and backwards. This is why it often occurs as a result of road traffic accidents. However, whiplash can occur in other ways. Some of the most common causes include:

  • Road traffic collisions and accidents
  • Being struck on the head by a solid or heavy object
  • A fall or slip where the head suddenly jolts backwards
  • A sudden blow to the head, i.e. during sports

As you can see, a child can end up suffering from whiplash in much of the same way that an adult can, which is why child whiplash compensation claims are quite common.

Child whiplash symptoms

One of the tricky things about child whiplash symptoms is that they do not always present themselves straight away. This means that your child may feel fine after the accident, yet they may start to feel in pain a few hours or even days later, leading to child whiplash compensation claims.

This is why it is important to watch out for some of the most common symptoms, which includes:

  • Pain in the arms and shoulders
  • Muscle spasms
  • Headaches
  • Neck stiffness
  • Difficulty in moving their head
  • Neck tenderness
  • Neck pain
  • Pins and needles in the arms
  • Irritability
  • Poor concentration
  • Memory loss
  • Tiredness
  • Dizziness

Child whiplash treatment options

It is important to make sure that your child gets the right treatment so that their injury does not get any worse. Common child whiplash treatment options include:

  • Stretches
  • Exercises
  • Physiotherapy
  • Painkillers
  • Keeping your neck mobile

Of course, it is important to see a doctor and they will determine the best way to treat the whiplash injury your child has sustained. Using a collar or a neck brace is not usually recommended for this type of injury.

How long does it take to recover from a child whiplash injury?

Every child whiplash compensation case is different. The recovery time will depend on how serious the whiplash is. In most cases, your child will recover within a matter of days. However, there are cases whereby neck strains can take weeks to heal, or sometimes even longer.

There is no definitive timeline; people heal at different rates. Your doctor will advise you on the best course of treatment and how long it will take, so its important to follow their professional medical advice as the best course of action.

What can I claim for after a child whiplash injury?

When making a claim for a child whiplash injury, you can claim for the following:

General damages – This relates to general damages for the pain and suffering that the child has experienced, including physical and psychological injuries, like whiplash and subsequent post-traumatic stress disorder.

Out-of-pocket expenses – You can claim for any costs you have incurred as a direct consequence of your child’s injury as part of a child whiplash compensation claim, such as:

Steps to take when making a child whiplash compensation claim

If your child has sustained whiplash, the following simple steps could help you make successful whiplash claims for compensation on behalf of your child:

  1. Seek immediate medical attention – ensure that you’re not in danger or further harm and have any injuries logged on your medical record by your doctor
  2. Exchange details with any other road users involved – these could be crucial to your claim as they could allow you to hold those responsible liable
  3. Collect evidence – including photos of the scene and any damage to your vehicle
  4. Seek professional legal advice – get in touch with us at Legal Expert today for a free legal consultation and see how our No Win No Fee solicitors could help

If I’m under the age of 18, do I need a litigation friend to claim a child whiplash payout?

Yes, if you are under the age of 18, you are going to need a litigation friend to make decisions about your child whiplash compensation court case. This will typically be your parent or guardian. However, it could also be a solicitor or another family member.

How much will a child receive for whiplash?

One question we often get asked is how much will a child receive as part of whiplash claims? Unfortunately, it is impossible to give a definitive answer to this question, as every child whiplash compensation case is different and there are many factors that are considered when working out the payout amount. However, the following breakdown should give you a decent understanding:

  • Severe whiplash (indefinite suffering and pain): £7,750 – £13,750
  • Moderate whiplash (future prognosis and symptoms persist for over two years): £4,250 – £7,750
  • Minor injuries from whiplash (recovery within two years): £2,500 – £4,250
  • Minor injuries from whiplash (recovery within one year): £750 – £2,500

You can view our child whiplash compensation table below for a better understanding of the typical payout amounts for common injuries relating to whiplash.

Will I receive the money for my child’s whiplash claim?

When parents make claims for whiplash compensation for children the money is put into a trust. It will be held in the trust until the child turns 18 and is old enough to use the money responsibly. However, some of the money can be released for educational purposes.

Child whiplash settlement amounts

You will probably be interested to know how much compensation your child may receive for the accident they were involved in.

At this point, it is very important to stress that all figures discussed are estimates. If a solicitor promises you a specific child whiplash payout amount, don’t take this as gospel. In fact, no one can guarantee anything when it comes to compensation figures. This is because every case is different – there are so many variables involved.

What we can do, however, is provide you with the typical child whiplash settlement amounts for various injuries relating to these claims. This will give you a good understanding of what your child’s case could be worth.

This table uses figures from the Whiplash Injury Regulations 2021, which are whiplash reforms that came into force on 31 May 2021. Amount (a) refers to compensation for pain, suffering and loss of amenities as a result of whiplash injuries. On the other hand, Amount (b) refers to the damages included in Amount (a) plus any psychological injuries suffered as a result of whiplash injuries.

Length of injuryCompensation Amount (a)Compensation Amount (b)
Not more than 3 months£240 £260
More than 3 months, but not more than 6 months£495 £520
More than 6 months, but not more than 9 months £840 £895
More than 9 months, but not more than 12 months £1,320 £895
More than 12 months, but not more than 15 months £2,040 £2,125
More than 15 months, but not more than 18 months £3,005 £3,100
More than 18 months, but not more than 24 months £4,215 £4,345.

If your claim is worth upwards of £5,000, this personal injury compensation calculator table could give you an idea of what you could claim for, using figures from the Judicial College Guidelines:

Updated June 2021. 

Compensation ReasonTypical payout amountComments
Shoulder injuries – Minor£4,080 to £7,410Recovery made within 2 years or less.
Shoulder injuries – Moderate£7,410 to £11,980Most cases involve a frozen shoulder with limited movement and discomfort. Most children experience symptoms for about two years. This payout bracket also accounts for injuries to the soft tissue that come with minor injuries.
Shoulder injuries – Serious£11,980 to £18,020These injuries tend to involve shoulder dislocation and some damage to lower parts of the plexus (brachial). The injured person will typically experience pain in their neck and shoulder, aches in an elbow, perhaps some sensory type of symptoms in a forearm and/or hand, and also perhaps some restricted movement in their shoulder.
Shoulder injuries – Severe£18,020 to £45,070These injuries tend to involve issues with the neck as well, and damage to the brachial plexus. The child will be suffering from severe disability.
Neck injuries – MinorUp to £2,300Full recovery made within 3 months or less.
Neck injuries - Moderate £6,000 - £29,250£23,460 to £36,120The higher award level covers fractures and dislocations, which have serious immediate symptoms, as well as chronic conditions. The lower levels of this award are for those injuries that accelerate or exacerbate a claimant’s existing condition.
Neck injuries – SevereIn the region of £139,210The highest payout amount is for cases of incomplete paraplegia, which results in permanent spastic quadriparesis. The injured person will have to wear a collar all of the time, despite this there will be little or no neck movement. The lower payment amount is for cases involving ruptured tendons, fractures, dislocations, and soft tissue damage.
Mental Anguish£4,380A Fear of impending death and the expectation of the end of claimant’s life.
Psychiatric Damage Generally - Less Severe£1,440 to £5,500Cases falling short of specific phobias or disorders.

If you cannot find the injury your child sustained in the table above, please do not hesitate to get in touch with us to find out more regarding how much child whiplash compensation your claim may receive.

No Win No Fee child whiplash compensation claims

One of the main features of our service is the fact that we handle all child whiplash compensation claims on a No Win No Fee basis. But what does this mean for you?

No Win No Fee refers to a service whereby the client only needs to settle legal fees should the service be successful, i.e. compensation is awarded. If the claim submitted does not lead to compensation for your child, then you would not be required to pay any legal fees to us. This clause offers you the monetary protection that you would not receive if you were to work with a solicitor that billed you an hourly rate.

Not only does this clause take away the financial risk that can often be part of making whiplash claims, but you can also find out the validity of your compensation claim for free and you know you won’t get taken for a ride. Instead, the service of your No Win No Fee solicitor is reflected in whether they are paid at the end of your claim or they cover the cost of their own legal fees, giving you peace of mind that they’re working not only in your interest but in their own too.

Why should you use a specialist solicitor for child injury claims?

When it comes to making any type of personal injury claim, it is always best to seek help from a specialist that has experience handling cases like your own. This is especially true when it comes to child injury claims, which are often more complex as the child can’t claim for themselves.

This is why it is wise to work with us at Legal Expert, as a claims management company with over 30 years of experience in England and Wales. We have specialist solicitors in all areas of personal injury so we can always connect you to the best solicitor for your case, ensuring optimal results.

If you were going to opt for a general solicitor without specific experience, there is always the risk that they will make a mistake, which could end up costing you compensation. It’s really not worth the risk. You won’t get a second chance to claim, after all!

Why choose us to secure whiplash compensation for children?

There are many reasons why you should choose Legal Expert over other personal injury law firms. Firstly, our experience far surpasses many other businesses in the industry. We have worked on a variety of personal injury claims over the years and we always strive to achieve the maximum payout for our clients. This is why we have managed to build up an exceptional reputation in the industry, which is something we are very proud of.

We also believe that one of the reasons our service is held in such high regard is because we genuinely care about our clients and we do put their needs first. We know that your main priority is your child, as it should be, which is why we will always aim to secure child whiplash compensation in the quickest and most effective manner. We won’t hassle you necessarily or cause you unneeded stress. Nonetheless, if you ever have a query, we’re only ever a phone call away.

Call us to launch a claim for whiplash compensation for a child

If you want to make a claim for child whiplash compensation, please do not hesitate to get in touch with Legal Expert today.

  • You will notice that live support is available using the chat box at the bottom right corner of this page.
  • You can also give us a call for free advice on 0800 073 8804. Our claims line is open seven days a week, from 9am until 9pm. You will speak to a friendly and experienced member of our team, who will be more than happy to assist you in any many they can.
  • You could also fill in the contact form on our website to request a free ‘call me back.’
  • Alternatively, send an email to info@legalexpert.co.uk, and we will get back to you as soon as possible regarding your interest in claiming whiplash compensation for a child.

Helpful links

Car Accident Injury Payouts

This guide can give you an idea of the type of payouts that you could be entitled to claim after a car accident.

Whiplash Compensation Calculator

This link takes you to our guide on using a whiplash compensation calculator. You will also find plenty of additional information, including whiplash compensation claims FAQs, details on how compensation is calculated, as well as details on the different types of circumstances that can result in whiplash.

NHS – Guide to Whiplash

This gives you a great overview of the injury itself. The NHS provides information on the symptoms of whiplash, when to receive medical advice, the outlook for whiplash, the causes of whiplash, and the treatments that are available.

WAD In Children

This article provides an interesting insight into whiplash associated disorder (WAD) in children between the ages of 4 – 16 years old.

Whiplash Injury Facts

This is a comprehensive guide on whiplash. You will find whiplash injury facts, as well as details regarding prevention, treatment, diagnosis, common symptoms, and causes too.

Web MD Guide to Whiplash and Neck Strain

This is another useful website for information on both whiplash and neck strain. What makes this guide different from the other useful links is that it also has information on when your whiplash will feel better.

Making a Claim through the Motor Insurance Bureau

If you’ve had a road traffic accident but the other party is uninsured, this is an online claims portal where you can see if you have a claim online using the MIB.

Thanks for reading our child whiplash claims guide.

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