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How Can I Prove I Have A Whiplash Injury?

By Daniel Archer. Last Updated 20th June 2022. Welcome to our guide on whiplash injuries where we’ll look at the question, “how can I prove I have whiplash?” On this page, you will find information and advice on how to go about answering the question. It also covers the legal process of making a compensation claim for a whiplash injury. As long as you are ready to begin your claim within the personal injury claims time limit of three years, then the information on this page will be invaluable to you.

If you would prefer, we can talk you through the process of making a whiplash claim if you don’t want to read all of this guide. Call Legal Expert on 0800 073 8804 now, and we will help you to begin your own whiplash claim.

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A Guide To Proving Your Whiplash Injury

How can I prove I have whiplash

How can I prove I have whiplash?

This page contains a full guide to making a personal injury claim for a whiplash injury. Road traffic accidents are the most common of all types of accidents in the UK each year, and whiplash is the most common injury suffered by victims of road traffic accidents that sees them successfully make personal injury claims. This guide contains everything you need to know to learn about the claims process that your legal team will follow in order to make a claim on your behalf; it contains key information such as:

  • A definition of what a whiplash injury actually is, as well as an explanation of the physical process that produces a whiplash injury.
  • A list of the most common causes of a whiplash injury that victims of an accident might fall foul of.
  • A list of all of the main symptoms that a case of whiplash, even the mildest, will manifest.
  • An explanation of why it is vital that anyone wishing to claim for a whiplash injury undergoes an independent medical examination to prove the injury exists.
  • Information on how undergoing an MRI scan is a good way to prove that you have a serious whiplash injury worthy of receiving compensation for.
  • An explanation of why it is vitally important that you establish the cause of your whiplash injury in order to be able to make a successful compensation claim, and how to go about this.
  • A list of all the typical types of damages a person might receive as part of their whiplash injury settlement, including special damages and general damages.
  • A table that details common neck and back injuries that can be caused by whiplash, and the typical amounts of compensation a victim of one of these injuries can expect to claim in compensation.
  • A full overview of the Conditional Fee Agreement that Legal Expert uses as the basis of its personal injury claims service. We also explain why this is the most straightforward, simple and effective way to make a whiplash claim.
  • We have also included a number of useful links that could be of help to whiplash victims.

After you have finished this guide, you may find that you still have a number of questions that you need answers for. If this is indeed the case, then please contact Legal Expert at the telephone number you will find in the final section of this guide at the bottom of the page.

What Is Whiplash?

You may feel the effects of whiplash straight after being in an accident. However, to answer the question, how to prove whiplash? we need to understand just what a whiplash injury is.

A whiplash injury is a neck, or occasionally an upper back injury, that is caused by the head suddenly and rapidly moving sideways, forwards or backwards. A plain whiplash injury is a type of muscle sprain. However, in a more severe case, there could be damage to the vertebrae of the neck or upper back, as well as other damage. Whiplash can take from weeks to months to clear up, and in the most severe cases, some of the effects of the injury may be permanent.

If you have suffered a whiplash injury, then Legal Expert can help you to claim compensation for it. Simply call us on the number down at the bottom of this guide to start your claim today.

What Are The Common Causes Of Whiplash?

The primary cause of whiplash injuries in the UK is road traffic accidents. Taking a look at the graph above, we can see that there are a large number of ways that road traffic accidents can be caused, which could lead to whiplash claims. Part of the answer to the question, how to tell if someone is faking whiplash? is to look at how the whiplash occurred and decide whether the accident was serious enough to cause whiplash. Some of the most common causes of whiplash are:

  • Road traffic accidents – the single most common cause of whiplash claims in the UK.
  • Sporting injuries – where a sharp blow to the head caused trauma to the neck.
  • Slips trips or falls – which wrench the neck as the victims hit the ground.
  • Blunt trauma – such as being hit by a heavy object that has fallen from a height.

No matter the cause of your whiplash, if a third party was responsible for causing it, then you should be able to make a compensation claim. Call Legal Expert on the number down at the bottom of this page to find out how.

What Are Common Whiplash Injury Symptoms Which Help You Prove Your Claim?

Part of the answer to the question, how can I prove I have whiplash, is to take a look at the actual whiplash symptoms and see if they correlate to a standard case of whiplash. Typical symptoms of whiplash include:

  • Minor symptoms
    • Pins and needles (in arms, legs or hands)
    • Dizzy spells
    • General fatigue
    • Some memory loss
    • Lack of concentration and irritableness
  • Major symptoms
    • Pain in the upper torso (arms and shoulders)
    • Spasms of the neck, arm or shoulder muscles
    • Sharp, severe headache
    • A generally stiff neck making movement of the head painful difficult
    • Tenderness and pain in the neck

If you have suffered symptoms such as those detailed above, you may have suffered a whiplash injury can potentially claim compensation. Call Legal Expert on the number at the top of this guide to find out how we can help you.

Is It Important To Get A Medical Assessment Or See A Doctor?

One answer to the questions, what compensation do you get or whiplash? could be none, unless you can prove you are actually suffering from whiplash. One of the best ways to go about proving that you do indeed suffer from whiplash is to have a medical assessment done.

The results of this medical assessment can be used in support of your claim as an expert medical opinion. Legal Expert can help you by arranging a local expert medical examination for you, call us on the phone number at the end of this guide to find out how to arrange this.

Can An MRI Scan Help Diagnose A Whiplash Injury?

One answer to the question, how can you prove you have whiplash? Is to undergo MRI scans for whiplash injuries. However, you need to understand that the older, traditional type of MRI scans cannot pick up the key symptoms of whiplash.

Instead, you will need to ensure that you undergo one of the newer types of MRI scans knows as Fonar MRI. These scans take place while the patient is standing up and have proven to be effective in uncovering whiplash symptoms in most patients. A positive result for whiplash from such an MRI scan would be pretty compelling evidence in proving your claim is viable.

If you have suffered a whiplash injury, then call Legal Expert at the number down at the bottom of this page so we can answer questions such as, what is the average settlement for whiplash? And any others you may have.

Top Tips For Proving Whiplash Claims

When seeking whiplash compensation, it’s important to use evidence to strengthen the validity of your claim. You need to prove both that you were injured, and that your injuries were caused by the negligence of another.

Our top tips for proving whiplash claims include:

  • Making sure you get a professional medical assessment by a doctor or other specialist. They will assess the nature of your injury; highlighting a treatment plan and prognosis. Their report can be used as medical evidence partly because their experience means they know how to prove when whiplash is fake. As part of our services, we can organise this assessment for you.
  • Taking photographs of the accident scene and your injury.
  • Getting contact information for any potential witnesses. Their statements, which a solicitor can take at a later date, can be used to strength your whiplash compensation
  • Requesting CCTV footage if there is footage of the incident. This can help show the series of events that led to the accident, which could be an important factor when seeking compensation for whiplash.

Another important aspect of making a whiplash compensation claim revolves around the extent of your injury. As detailed in The Whiplash Injury Regulations 2021, if your injury is worth £5,000 or less, you would need to claim through the government’s online portal. You would receive a set amount of compensation according to the tariff of injuries in the regulations.

However, you may be unsure how much your injury is worth. If so, please contact us and we can provide you with a compensation estimate that is completely free. Contact us now using the above details.

What Are The Different Parts Of A Personal Injury Claim?

When you contact a personal injury solicitor to begin making a whiplash injury claim, your solicitor will need to discern just what types of damages he will seek on your behalf as part of your overall settlement. There are two main categories of damages; these are general damages (all of the physical aspects of your injury) and special damages (all non-physical losses related to your injury). Within these two main categories of damages, there are many sub-categories, for example, these below:

  • Special damages:
    • The cost of in-home care – if you had to hire in-home help to assist you with day to day tasks.
    • The cost of in-home nursing – if you had to hire in a nurse to help care for you while you recuperated from your whiplash.
    • The cost of medical expenses – if you had to pay for any medical treatment out of your own pocket to have your whiplash treated.
    • The cost of travel expenses – if you had to travel to get the injury treated, or you had to travel to take care of managing the compensation claim itself.
    • Financial losses – such as losing the cost of a plane flight which you missed due to your whiplash.
    • Loss of earnings – if you have previously had to take time away from work due to your whiplash and lost out on income.
    • Loss of future earnings – if the long-term prognosis for your recovery from whiplash will leave you without the same earning potential or ability to work as before.
  • General damages:
    • Compensation for permanent disabilities – if the prognosis for your recovery from whiplash is that you will have a permanent disability due to the injury.
    • Compensation for a long and painful recovery – if your recovery period was long, painful and traumatic.
    • Psychological damage – if your injury has caused you to contract psychological conditions such as P.T.S.D. anxiety or depression.
    • Mental trauma – related to the short-term shock of the accident and having the injury treated initially.
    • Suffering – related to the pain of the accident and having the injury treated initially.

This is not intended to be a full list of the damages you might be able to claim for a whiplash injury, but these are the most common types. Call Legal Expert on the phone number at the bottom of this guide to find out what types of damages might apply in your own case.

Whiplash Injury Compensation For 2022

When you are making a whiplash injury claim, it’s possible that the value of an injury such as this may be below £5,000. If this is the case, you may need to claim through a government portal, which is part of the new system known as the Whiplash Reform Programme. If your claim meets the below criteria, you may need to claim through the Programme:

  • If the road traffic accident occurred in England or Wales
  • The claimant(s) are aged 18 or over
  • The claimant(s) were drivers and/or passengers of a vehicle
  • The accident must have taken place on or after 31st May 2021

We’ve included some figures from the set tariff in the Whiplash Injury Regulations 2021 in the table below. This way, you can see how much you would receive when making a whiplash claim in this way.

Duration Of InjuryTable A Amount - No Psychological HarmTable B Amount - Psychological Arm Involved
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

You may still be able to claim if you are not eligible to do so through the Programme. Legal professionals will need to calculate a bespoke figure to compensate you for the level of pain and suffering you have endured due to your injuries. They can do so by turning to resources such as a publication called the Judicial College Guidelines (JCG). The figure they arrive at is called general damages.

We’ve included some guide figures from the 2022 edition of the JCG in the table below.

BackSevereThe injuries will range from complex fractures of the back vertebrae to multiple compound fractures and severe long-term pain.£38,780 to £69,730
BackModerateThe injuries will range from simple fractures of the back vertebrae to more complex fractures and some short-term pain.Up to £38,780
BackMinorThe injuries will range from almost trivial cuts and abrasions, through to minor fractures of the back vertebrae.Up to £11,730
NeckSevereThe injuries will range from complex fractures of the neck vertebrae to multiple compound fractures and severe long-term pain.Up to somewhere in the region o £148,330
NeckModerateThe injuries will range from simple fractures of the neck vertebrae to more complex fractures and some short-term pain.Up to £24,990
NeckMinorThe injuries will range from almost trivial cuts and abrasions, through to minor fractures of the next vertebrae. Recovery will take place over one or two years. Up to £7,890

You will need to have your own claim assessed individually in order to obtain an accurate valuation. Get in touch with our advisors and we can help you do that.

No Win No Fee Whiplash Accident And Injury Claims

All of our lawyers work on a No Win No Fee basis. This means that, if you choose to enlist our services, they will work with you under an arrangement such as this.

When making a No Win No Fee claim, you will be required to pay a certain percentage of the settlement you receive to your lawyer. This percentage is required by law to be capped.

If your claim does not succeed, then you are not required to pay this percentage to your solicitor. Working in this way means that the financial risk that can be associated with hiring a lawyer can be reduced.

Why Legal Expert Are Ready To Help You

To answer the question, can a whiplash claim be refused? Yes, it can, especially if you choose a personal injury lawyer who isn’t experienced in making such claims. It is vital that you choose a good legal team to make you claim. Legal Expert is such as Legal Team. We have successfully won whiplash claims cases for hundreds of people, and we can do exactly the same for you.

We will try to get you the maximum compensation payment that we can and will do everything possible to ensure that your claims case has a positive outcome. We will be on hand at all times to answer any questions you have about your claim, and keep you updated on what we are doing on your behalf.

If you are ready to make your whiplash claim, call Legal Expert on the number below so that we can walk you through the claims process and get your claim started today.

Start Your Claim Today By Contacting Legal Expert

Are you ready to make a whiplash claim? If you are, then please contact us here at Legal Expert on 0800 073 8804 right now. We will spend a little time asking you some questions about your case, and once we know enough about your situation, we will give you some free legal advice on what we believe your next move should be. You can also contact us through our website, and talk to us about your claim online.

How can I prove I have whiplash FAQs

Can you still claim for whiplash as a passenger?

Yes, you still have the right to claim compensation even if you were not driving the vehicle. Your claim could be against the driver of the vehicle you are in, or even another road user entirely.

However, you need to be able to prove that whoever caused your injury did so by acting negligently. You can do this by gathering as much evidence as you can.

What evidence do you need for a whiplash claim?

There are a few key pieces of evidence that can help support your claim. For instance, the incident that caused your whiplash may have been captured on CCTV or by dashcam footage. If so, then acquiring this footage can be presented as evidence.

Additionally, if you sustained whiplash, a medical assessment may be required to confirm the diagnosis. The records that are generated as a result can also be useful during the process of your claim. Things such as the severity of the injury will be documented.

You could gather witness contact details which could be used to gather statements later on. Sometimes, the written statement from an eyewitness can also help to corroborate your story.

What happens if you leave whiplash untreated?

If you’ve been injured in a car accident, then you should seek medical attention for your injuries, and whiplash is no exception.

Usually, whiplash can be treated by taking painkillers, allowing you to go about your daily activities. Resting for long periods or using a neck brace aren’t recommended treatments and may slow down your recovery in the long run.

If your symptoms persist after a few weeks without getting any better, you should speak to your GP. They may refer you to a physiotherapist.

If your whiplash symptoms continue to trouble you and you don’t seek medical attention, then it could result in a limited range of motion in the affected areas. If your injuries are to your neck, this could also result in tension headaches.

How is whiplash diagnosed? 

Usually, you won’t need to undergo tests or scans to determine if you have whiplash. Your doctor will ask you to describe your symptoms and tell them how the injury took place.

If another injury is suspected, like damage to your spine, then tests like CT or MRI scans, or x-rays, may be recommended.

Helpful Resources

Below you will find a link that will take you to a web page that contains a full guide to making compensation claims for whiplash symptoms:

The Whiplash Reform Programme (WRP)

Find out if you could be eligible to claim through the WRP. This is a governmental portal where claims for road traffic accidents injuries worth £5,000 or less could be processed.

It’s important to know if you meet the criteria.

A guide to making compensation claims for whiplash symptoms

Below you will find a link that will take you to a web page that contains a full guide to making compensation claims for road traffic accidents against untraced or uninsured drivers:

A guide to making compensation claims from the MIB

Below you’ll find a link to a guide to making claims for head injuries:

A guide to head injury claims 

Below you will find a link that will take you to a web page that contains general information published by the NHS about whiplash injuries:

NHS information on whiplash injuries

Below you will find a link that will take you to a web page that contains information published by the NHS on the best first aid procedures to follow to treat victims of whiplash:

NHS first aid recommendations for whiplash

Thank you for reading our guide where we hope to have answered the question, “how can I prove I have whiplash?”

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