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Claiming For A Whiplash Injury With A Pre Existing Condition

If you have been in an accident, you may be wondering if you can claim for whiplash with a pre existing condition. Whiplash is an injury that occurs when the head jolts forwards and backwards at a rapid pace. It tends to occur as a result of car crashes and other road traffic accidents. However, they can happen in many different scenarios – such as slips and trips or incidents in the workplace. No matter how your whiplash injury occurred, one thing you will want to know is whether you will be entitled to compensation.

In order to determine whether you have the good basis for a personal injury claim, you need to ask yourself the following three questions:

  1. Was the accident caused because of someone else’s error or negligence?
  2. Did the whiplash injury occur within the last three years?
  3. Did you see a medical professional as a result of your injuries?
Whiplash with pre-existing condition

Whiplash with a pre-existing condition

If you are able to answer yes to the three questions then you can conclude that you have a very good chance of getting compensation. This also applies if you have suffered whiplash injury with pre existing condition. Of course, the whiplash injury cannot of occurred through your own wrongdoing. However, just because you had a pre existing condition this doesn’t mean you won’t be eligible for compensation. In fact, whiplash can often cause the acceleration of pre-existing condition, and this is something you should receive a payout for. Here at Legal Expert, we have helped many people to get the compensation they deserve for whiplash injuries. You can reach us on 0800 073 8804. However, make sure you read on for more information first.

Select A Section

  1. Steps To Take After Suffering Whiplash In An Accident
  2. Compensation Payouts For Whiplash
  3. Time Limit For Claiming For Whiplash With A Pre Existing Condition
  4. No Win No Fee Claims For Whiplash With A Pre Existing Condition
  5. Resources And Useful Links

Steps To Take After Suffering Whiplash In An Accident

If you have suffered a whiplash injury, it can be very difficult to think on your feet. Nonetheless, there are steps you can take to ensure you get the full amount of compensation you deserve. Read on to discover what these are:

  1. Take Details – First of all, immediately after the whiplash injury, it is imperative to try and get as many contact details as you can. Obviously it is not easy to think of this when you have just suffered an unexpected incident, and sometimes it can be impossible to do so if your injuries are that bad. However, if you can get contact details of the perpetrator and any witnesses, you definitely should.
  2. See A Doctor – After this, you should go straight to the hospital and see a medical professional. You need to ensure you get the proper treatment for your injury. Moreover, if you do not see a doctor you will not be able to claim, as there will be no proof of you suffering a whiplash injury or of an aggravated pre existing condition.
  3. Make Notes – It is always a good idea to sit down and make a note of what happened. You may forget details later down the line and thus it is advisable to make a note of everything whilst it is still fresh in your mind.
  4. Call Legal Expert – The next thing you should do is get in touch with us. We are one of the UK’s leading claims for injury firms. We will ensure your compensation claim is handled for you, so you can concentrate on getting better. One of our panel No Win, No Fee solicitors will make certain you get the money you deserve.
  5. Keep Proof Of Expenses – Last but not least, the final thing you need to do is make sure you keep proof of any expenses you have incurred because of your whiplash injury. You will be able to claim for these as special damages. After all, if it was not for the injury you wouldn’t of had to part with the money in question. So, don’t forget to keep receipts for medical costs, travel expenses and such like.

Compensation Payouts For Whiplash

You might like to know what the average compensation for whiplash is, or maybe you accessed our compensation calculator for a free estimate of your potential payout. Calculating the average payouts for whiplash compensation claims may not give you an accurate figure for your claim this is because there are two heads of claim: general and special damages. General damages will compensate you for the pain and suffering of your physical and mental injuries. Whereas special damages are the financial losses you have incurred due to the injuries. Each personal injury claim is unique.

Whiplash Reforms  

If you are an adult driver or passenger and you suffered injuries in a road traffic accident valued at £5,000 or less on or after the 31st of May 2021, your claim must be made through a new portal. This applies to all minor injuries suffered. If you have suffered whiplash injuries, then the tariffs set in the Whiplash Injury Regulations 2021 will apply. Other minor injuries, such as a broken rib, will be valued using the traditional method.

The Judicial College Guidelines (JCG) 

The Judicial College Guidelines (JCG) is a document used by legal professionals as guidance when assigning value to personal injury claims. It contains a list of injuries in varying severities alongside compensation brackets. As stated above, if the minor injuries you suffered were not whiplash, they will be valued in accordance with the compensation brackets found in the JCG.

If your injuries are valued at higher than £5,000 but whiplash was still amongst them, the whiplash injury would still be valued from the tariffs.

Our table below contains figures from the JCG and tariffs from the Whiplash Injury Regulations. It is only to be used as guidance and is not representative of what your claim could be worth.

Injury Severity Compensation Bracket/Tariff Notes
Whiplash Tariff £4,345 This tariff is awarded for whiplash with a minor psychological injury lasting between 18-24 months.
Whiplash Tariff £4,215 This tariff amount is awarded for whiplash lasting between 18-24 months.
Arm Less severe £19,200 to £39,170 The claimant has suffered from significant disabilities, but good recovery has taken place or is expected.
Hand Less serious £14,450 to £29,000 In this bracket the injuries have caused significant function impairments.
Less Serious Leg Injuries Incomplete fracture recovery (i) £17,960 to £27,760 In this bracket, the claimant has suffered an exacerbation of a pre-existing disability from fractures or has suffered a serious soft tissue injury.
Back Moderate (ii) £12,510 to £27,760 The claimant has experienced soft tissue injuries that result in an acceleration or exacerbation of a pre-existing condition.
Knee Moderate (I) £14,840 to £26,190 This bracket includes dislocations and torn cartilage causing mild disability or acceleration of symptoms from a pre-existing condition.
Shoulder Serious £12,770 to £19,200 The claimant has suffered a dislocation of the shoulder and damage to the lower brachial plexus,
Neck Moderate (iii) £7,890 to £13,740 In this bracket, the injuries have accelerated or exacerbated a pre-existing condition.
Toe Moderate Up to £9,600 Injuries in this bracket may exacerbate pre-existing conditions.

Call our advisors for an accurate valuation of your potential claim. They can give you free advice about which avenue you will need to make your claim through.

Time Limit For Claiming For Whiplash With A Pre Existing Condition

Unfortunately, there is no time to waste when it comes to claiming for a whiplash injury. Of course you do not have to make a claim the day the accident occurs. However, there is actually a personal injury claims time limit, and this is something a lot of people do not realise. You don’t want to run the risk of leaving it too late and then missing out on compensation altogether.

Under the Limitation Act 1980, the time limit for starting personal injury cases is typically three years from the date your injury occurred. While this may sound like a long time, some cases can take a while to start due to their complexity. It is always best to action to start your claim as soon as you can.

No Win No Fee Claims For Whiplash With A Pre Existing Condition

At Legal Expert, all of our provided injury solicitors work on a No Win No Fee basis and this ensures that all of your financial worries are eliminated. By going for this service, you don’t have to panic about all of the costs that are traditionally associated with using a personal injury solicitor. You will not need any money to begin your claim. This is usually one of the major hurdles that stand in the way, as a lot of people do not have the cash handy to pay the big start-up costs associated with using a solicitor. Well, now you don’t have to.

In addition to this, a lot of people worry that they are going to spend money on the services of a solicitor only for their case to be unsuccessful. They fear that they could part with a lot of cash and essentially get nothing in return. Well, with a No Win No Fee solicitor this risk is eliminated. All financial concerns disappear when using this service. So, if you have suffered a whiplash injury, why not give Legal Expert a call today?

Speak To Legal Expert Today

Give 0800 073 8804 a call and you will speak to one of our friendly and efficient advisors. They will be more than willing to help you in any way they can. They will talk you through the claim process and answer any pressing questions. If they agree that you have a good chance of getting compensation, they will then put you in touch with one of our panel of experienced No Win, No Fee solicitors.

Resources And Useful Links

We hope this whiplash guide has been useful for those interested in making personal injury claims. For more information, these links may help…

Claims for Whiplash – We have produced a longer information guide to Whiplash claims. You can see this here.

NHS Guide to Whiplash – The NHS offer many guides to different types of injury. This is their one on Whiplash.

Thank you for reading our guide on claiming for whiplash with a pre-existing condition.

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    Meet The Team

    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.