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Whiplash Solicitors – How to start a No Win No Fee whiplash injury claim?

By Martin James. Last Updated 12th April 2021. Within this guide, we are going to discuss whiplash solicitors. Throughout this guide, we are going to provide free legal advice and outline how a solicitor could offer to handle a whiplash claim. 

If you have been injured in a car accident, it is not uncommon for you to develop whiplash, which can cause a lot of pain and discomfort. There are varying degrees of whiplash, but whatever the severity, if the car accident that caused it was not your fault, it is likely that you will be able to make a claim for compensation with specialist solicitors, who will fight for your right to be compensated for your injures and any financial losses resulting directly from those injuries.

Please read on for more information, or get in touch with us on 0800 073 8804 to find out more.

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A guide to using a whiplash solicitor

Whiplash Solicitors

whiplash solicitors

One of the most common injuries resulting from a car accident, whether you are travelling as a driver or a passenger is whiplash. However, it isn’t solely an injury you can get from a car accident. Any situation in which the head jolts forward and snaps back can cause damage to the tendons and ligaments in the neck, resulting in pain and stiffness. Whilst some people count whiplash as a minor injury, the fact is, it can be very painful indeed and can result in symptoms that persist for up to two years in some cases. If you have suffered whiplash, whether in a car accident or otherwise, and the accident was not your fault, then it may be possible for you to lodge a whiplash compensation claim. In this guide, we take a look at what it is whiplash solicitors do, how they can help you, and what you can do to help yourself after an accident that has caused whiplash.

What is a whiplash solicitor?

A whiplash solicitor is someone who is fully trained and experienced in pursuing personal injury claims for those persons who have suffered whiplash injuries after an accident. They will likely have dealt with many claims from both passengers and drivers who have suffered whiplash and will have a wealth of experience to draw from to present the best case possible to secure the compensation those persons deserve.

They will be aware of the high number of whiplash claims lodged within the UK each year. They will know only too well that even though there are calls that some claims can be false, valid claims should be compensated with the maximum amount possible in the order in light of their injuries and the pain and financial loss this has caused them.

What is Whiplash?

Whiplash, put, is the rapid movement of the neck from one position to another, either front to back, or back to front, or side to side. This type of sudden movement caused straining of the neck muscles, which can cause pain in the neck, shoulders, arms and head. It tends to present at neck pain and stiffness, but some sufferers have experienced muscle spasms, dizziness, pins and needles in the arm and hand, or memory loss.

Usually, treatment involves over the counter painkillers, and physiotherapy in some cases. In a lot of cases, recovery is complete and happens relatively quickly; sometimes, symptoms can persist for some time. If signs carry on past 6 months after an accident, it is usually classed as chronic whiplash. In these cases, physiotherapy is often one of the courses of action taken and prescription painkillers.

However severe your whiplash injury, doctors usually decide against the previously used neck braces instead of preferring to keep your neck as mobile as possible.

If you’d like to find out more about how whiplash solicitors may be able to help with your claim, then please get in touch with us today. Alternatively, keep reading for more information.

Statistics

Whiplash is a common injury caused by road traffic accidents, so we thought it would be worth including critical statistics. As outlined by the Department For Transport (DFT), there were:

  • 1,752 reported road deaths.
  • 25,945 serious injuries.
  • 153,158 casualties of all severities.

As the graph below shows, the number of casualties reported in road accidents has reduced by 31% since 2009. However, there are still a large number of accidents that occur each year which may result in a whiplash injury claim.

whiplash solicitors statistics graph

[Source: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/922717/reported-road-casualties-annual-report-2019.pdf]

Can my whiplash solicitor file my compensation claim against the driver at fault?

Initially, your No Win No Fee whiplash solicitor will have to go through the facts of the case, which may involve reading through medical evidence and reports of the events surrounding your accident. If your whiplash solicitor feels you have a valid claim for compensation for your whiplash injuries, and can establish that you are not at fault for the accident, then they should be able to file a compensation claim on behalf for your damages, the suffering and pain they have called you, costs you have incurred directly because of your injuries, as well as any earnings that have been lost.

For more information on what you should do once a whiplash solicitors has been instructed to act on your behalf, please read on.

After I start my claim with my whiplash solicitor, what would I then need to do?

Each and every claim is different. After all, it is extremely rare for two accidents to be identical, and what applies in one case may not apply in another. However, in general, after you have signed a no win no fee agreement, whiplash solicitors will review the facts of the case and often send you for a medical to gather medical evidence necessary to support your claim. The medical appointment usually involved noting your medical history, to see if there were any injuries that the whiplash has exacerbated, or whether all injuries caused were by accident. Your medical can be arranged in a local place to avoid long journeys and inconvenience. It is important to remember that costs for travel to medical appointments necessary because of your injuries will usually be claimed for as part of your case. Once your medical is done, and the solicitor has all the information they need to take your case forward, they will begin the work to put together as strong a case as possible to secure your compensation.

If you’d like to know more about the timescales that apply when looking to start a claim with whiplash solicitors, please continue reading or contact us today for more information.

How long do you have to claim for whiplash?

Many of the calls we have relating to whiplash injury claims are straight after an accident has occurred. However, some people do not make a claim straight away, preferring to wait until their recovery is complete. Whatever way you wish to go about making a claim, it is important to understand that there are limits to how long after an accident you can claim. Whiplash claim time limits are 3 years from the date of the accident that caused the whiplash. However, if you are a child, the time limits are slightly different when the whiplash occurs. If an adult has not submitted a claim for you, you can submit one yourself once you become an adult, and you can do so within three years of your eighteenth birthday.

If you wish to claim on behalf of a child who has suffered whiplash in an accident, we can help talk you through what is required to claim for the child. Your child or the child you are responsible for will more than likely have to see an independent medical expert, who will need to take a look at the child’s injuries, just as they would for an adult, and write a report based on those injuries, detailing the prognosis for recovery and the extent of the injuries that the child has suffered. This will be in addition to any medical treatment the child has already sought. We would always advise you to seek medical attention for a child immediately after an accident where the head and neck have been subjected to rapid movement, as children’s whiplash symptoms do not always present the same as adults. As children’s necks are generally weaker than adults, swift medical attention is important to avoid long-term problems.

When it comes to submitting a claim, either for an adult or a child, it is usually advisable to submit a claim as soon as you feel ready to do so, as this will make gathering together of evidence, as well as remembering the events that have occurred, much easier. However, if you call us, we will talk you through all options and not push you to take action if you are not ready to do so.

How much could I claim for whiplash? (Updated April 2021)

We’re often asked the question “how much can whiplash solicitors get me in my personal injury compensation claim?”. The answer to this question is rarely clear cut, as there are so many factors that can influence the level of compensation you receive for your injuries.

As well as the severity of the neck injury you’ve sustained, and how long it’s affected (or is likely to affect) your quality of life, the amount of compensation you’re awarded will also be based on special damages which include things like loss of earnings or travel expenses you’ve incurred.

Having said this, the table below is made up of compensation values for certain injuries. These are estimates based on our past in dealing with these kinds of claim; if you’d like to know more about your case in particular, please contact our team of advisers today.

Edit
Injury Notes Amount
Neck injury- Moderate Cases involving soft tissue or wrenching-type injury resulting in limitation of movement and permanent or recurring pain. £12,900 to £23,460
Neck injury- Moderate These cases involve moderate soft tissue injuries where the period of recovery has been fairly protracted and where there remains an increased vulnerability to further trauma and injuries which may have accelerated and/or exacerbated a pre-existing condition £7,410 to £12,900
Neck injury- Minor Minor soft tissue injuries where a full recovery is made within around 1-2 years £4,080 to £7,410
Neck injury- Minor Minor soft tissue injuries where a full recovery is made within around three months to a year £2,300 to £4,080
Neck injury- Minor Minor soft tissue injuries where a full recovery is made within three months Up to £2,300
Back injuries- Minor Where a full recovery or a recovery to nuisance level takes place without surgery within about two to five years £7,410 to £11,730
Back injuries- Minor Where a full recovery takes place without surgery between three months and two years. £2,300 to £7,410
Back injuries- Minor Where a full recovery is made within three months. Up to £2,300
Psychiatric damage- Moderate While there may have been the sort of problems associated with life, education and work, there will have been marked improvement and a good prognosis £5,500 to £17,900
Psychiatric damage- Moderate The level of the award will take into consideration the length of the period of disability and the extent to which daily activities and sleep were affected. £1,440 to £5,500
Minor injuries Injuries where there is a complete recovery within seven days. A few hundred pounds to £650
Minor injuries Injuries where there is a complete recovery within 28 days. £650 to £1,290

Can I get free advice from a whiplash solicitor?

It seems strange, after all, when many of us think of whiplash solicitors, we think of large bills, but it is possible to get free advice from a whiplash injury solicitor when you call our claims service. All of the advice given comes with no obligation to use the advice, or to use our claims service either. Some of the common questions that whiplash accident solicitors can answer are:

  • What are solicitors’ fees?
  • What evidence will I need of my injuries?
  • The other driver was uninsured – can I still claim?
  • What about the long-term effects of whiplash – will I be covered?
  • I have suffered whiplash while driving for work – can I make a claim?

Whilst we have answered many questions in this guide, we understand that you may require more personal advice, which is why our whiplash claims helpline can ensure you find the answers to the specific questions you want to ask. Simply call our team, and we will be sure to deal with your query as quickly and as completely as we can.

What are the benefits of using a specialist whiplash solicitor compared to a non-specialist solicitor?

You must understand that all valid whiplash claims are important and should be compensated if someone else is found to be liable for them. However, there are many claims made every year in the UK, and to some extent, some whiplash cases are seen to be false. It will be the duty of a specialist whiplash solicitor to take the facts of your genuine claim and present them in such a way that those persons in charge of awarding compensation can see that your claim is valid and that you deserve the compensation you are claiming.

Whilst there are many good personal injury solicitors, not all of them are whiplash solicitors, which means they may not be quite as experienced and knowledgeable about what makes for a solid case. In addition, specialist whiplash lawyers will have more cases to draw on for precedent that has been set or new rules or guidelines that have been put in place or updated, whereas a personal injury solicitor who is not aware of these could potentially miss something important, which could result in an unsuccessful claim,

The most common types of claims that our whiplash solicitors regularly work on

Whilst whiplash can occur in many different ways, the most common types of claims that whiplash accident solicitors regularly work on are those involving car accidents. In some cases, we help drivers who have been injured in head-on collisions causing whiplash, whilst in others, we begin claims on behalf of drivers injured due to merging accidents, which are quite common on British roads. Even minor bumps can cause whiplash, and there are claims for whiplash injuries that have occurred in car parks and on residential roads as well as main roads. In addition, where an animal has hit a car, there are instances where drivers will be able to make whiplash compensation claims, especially if the animal should not have been on the road. Someone was negligent in letting the animal out.

Driving a company vehicle does not exclude you from making a whiplash claim, nor does being hit by a commercial vehicle. It is very important to take details at the scene of the other vehicle and witness details to support your claim in all cases. Still, if a commercial vehicle is in involved, it is often a good idea to take down company contact details from the business that owns the vehicle, as this may help in some cases. In cases where a foreign trailer is involved, it is often advisable that the plate number on the back and the front of the vehicle, are noted, as it is possible for them to read differently.

One of the most common questions we are asked is whether you can make a claim for whiplash injuries if the driver has fled the scene or if the driver that hit you was uninsured. In cases where the driver cannot be found, it may be possible for you to make a claim for compensation against the Motor Insurance Bureau. Motor insurers set this company up in order to compensate victims in motor vehicle accidents, as part of an agreement with the UK government. In fact, it is required by law that every underwriter of compulsory insurance for motor vehicles is a member of the MIB, contributing to the funding of the company, They compensate both victims of accidents caused by uninsured drivers as well as those who have ‘hit and run’ and cannot be traced. As part of their Green Card System, they will also ensure that UK drivers hit by foreign drivers or their vehicles are also compensated, should it be found that they have a valid claim.

If you are not sure whether you have a whiplash claim, then we can help. Simply call our friendly, professional advisors who will take some details and offer advice on whether you have a valid claim, or if it warrants further investigation. If we do not feel you have a solid claim, we will tell you honestly. After all, we have nothing to gain from wasting your time with a claim that will not be successful.

No Win No Fee whiplash solicitors

The difference between paying a solicitor an hourly sum, and working on a no win no fee claim is vast. Often, paying whiplash solicitors by the hour means they will give you a bill regardless of the result of your case. It is bad enough that you have been injured and suffered whiplash, perhaps requiring you to be off work and losing money as a result. But, then to receive a bill with no compensation to cover it would be devastating. The No Win No Fee service we offer means that there will be no upfront payment required to begin a claim with us.

We will take the time to talk you through the No Win No Fee Policy agreement, ensuring that you are aware that if your claim is not successful for some reason, then there will be no monies due from you. Legal fees are only settled when your claim is successful. No Win No Fee personal injury lawyers will make sure to try for the maximum compensation possible to ensure you are satisfied with your payout.

To find out more about No Win No Fee agreements or talk to us more about your claim, why not call us. All telephone advice is free, and you are under no obligation to use our claims service once you have received the advice.

Why choose us as your claims service for a whiplash claim?

Whether you are suffering from the effects of whiplash right now, or have suffered whiplash in the last 3 years due to an accident that was not your fault, we will treat your claim as carefully and professionally as if the accident happened yesterday. We will be happy to take the time to talk to you about how the claims process works and answer any questions you might have about medical evidence. After all, it is your claim, and we know you want to be well-informed about what is going to happen. We will always treat anything you tell us in the strictest of confidence, and we will always treat you with respect. This is why many of our previous clients rate us as the best whiplash claim company around.

We also have the privilege of being able to call upon some of the finest legal minds in the country. You will be matched with a whiplash solicitor who is dedicated to working hard to provide the result you deserve – a compensation award for your whiplash injuries.

Call us for free advice from whiplash experts and to start a claim

If you are wondering how to claim for whiplash after a car accident, or want to be matched with the best whiplash claim solicitors available, all you need to do is call us. Our claims service, which can be reached by calling 0800 073 8804 is staffed by experienced professionals, who will be ready, willing and able to answer any query you might have or to begin a claim.

Whether you have been injured as a passenger or a driver in a road traffic accident or suffered whiplash as a result of a different type of accident that was not your fault, we are here to help – whether to offer free, no-obligation advice, or to start the fight for your compensation.

Helpful links

Government advice on soft tissue injury claim reforms

This is the government’s response to a consultation on soft tissue injuries, including whiplash and the claims that can follow them. It details the measures to be put in place to disincentivise fraudulent and exaggerated claims.

NHS Neck Pain Profile

The NHS’s hub provides a wealth of information for those suffering from neck pain.

A guide to Whiplash Claims

Our guide to whiplash claims takes you through the claims process, advising on what to do should you have suffered whiplash, and how you can make a compensation claim.

A guide to Car Accident Claims

Our guide to car accident claims covers the more common injuries resulting from a car accident, along with a table detailing the typical compensation brackets for common injuries.

Whiplash solicitors FAQs

What are the symptoms of whiplash?

Whiplash is hard to ignore, as it will often involve pain, limited motion, stiffness, and the muscles may feel knotted.

How long does whiplash take to heal?

The severity of a whiplash injury will heavily influence the recovery time.  A minor whiplash injury may heal on its own over the course of 4-6 weeks, whereas severe injuries may take a lot longer.

What happens if you leave whiplash untreated?

Much like any other injury, should you leave whiplash untreated, it can lead to various side effects. For instance, without treatment, whiplash can lead to stiffness and a loss of motion, leading to chronic pain.

How much does it cost to make a whiplash claim?

Making a claim doesn’t need to cost you a penny. If you decide to have a solicitor represent you in your claim, then you may find that paying their hourly rates means that the cost of claiming soon adds up. We offer representation on a No Win No Fee basis, meaning that you don’t have to pay at all before you receive your compensation.

How much compensation do you get for whiplash?

This can vary. The compensation awarded will be based on a number of factors, including the impact your injuries have had on your quality of life, as well as any special damages you’re owed.

Should you take time off work for whiplash?

Whiplash doesn’t always necessitate time off work, but if you’ve sought medical advice after the accident and your doctor has advised you to take time off, you should do so. Any loss of earnings can be covered by your special damages.

How do I know if my neck injury is serious?

Your neck injury might be serious, and you should seek medical attention if you find that the pain in your neck is shooting and causing pain in your arms or legs. You should also seek medical attention if you lose control over your bowels or bladder.

How long do I have to make a whiplash claim?

Generally, the personal injury claims time limit is three years from the date that your accident occured. However, there are some exceptions to this. Get in touch with our team today to find out more about personal injury claims time limits.

Thank you for taking the time to read our guide on whiplash solicitors. As always, if you happen to have any questions, please feel free to contact our team. One of our advisers would be more than happy to speak with you.

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    • 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.