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Delayed Whiplash Injury Claims – How Much Compensation Can I Claim?

By Mark Ainsdale. Last Updated 5th August 2021. Welcome to our guide on delayed whiplash injury claims. Whiplash is one of the most common injuries sustained in the UK. Most people tend to suffer whiplash when they have been involved in a road traffic accident. However, other incidents can cause this type of injury, such as slips, trips, and falls.

One of the most worrying things about whiplash is that symptoms are often delayed; some people don’t experience pain and limited movement straight away. It can often take days or weeks and sometimes even months. If this sounds familiar, you still have a right to claim compensation, and we can help you secure the payout you deserve. Read on to learn everything you should know about claiming personal injury compensation for your neck strain and whiplash pain.

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A guide to accident claims for delayed whiplash

Delayed whiplash

Delayed whiplash

If you have been diagnosed with delayed whiplash, you will be able to secure compensation so long as the accident that caused the whiplash was not your fault. You simply need to show that someone else caused the accident you were involved in.

Delayed whiplash is a lot more common than most people realise, as whiplash symptoms do not often present themselves immediately. There are several reasons why this is the case, from adrenalin masking the pain to the body only experiencing symptoms once it goes into recovery mode. No matter what applies, we can help you to get the full amount of compensation you deserve.

But, before you get in touch with our expert team for further information, take a look at our guide below on delayed whiplash claims. You will find out everything you need to know about such cases. This includes statistics regarding delayed whiplash, how to begin such a claim, common whiplash symptoms long term and short term, and whiplash claims average payout 2016 and 2017. If you have any questions about delayed whiplash injury claims, please do not hesitate to get in touch.

What is delayed whiplash?

Whiplash occurs when the head jolts backwards and forwards in a rapid manner or quickly side-to-side. This is why it is often sustained as a consequence of road traffic accidents. This rapid movement causes the soft tissues in the neck to become damaged and stretched. Symptoms include neck pain, stiffness, and limited movement. Delayed whiplash refers to cases of whiplash whereby the symptoms do not present themselves immediately.

This happens frequently, and many people worry that it will harm their chances of claiming, as they did not notice the symptoms straight away. This could not be further from the truth. Whether you have experienced symptoms instantly or have been delayed, you have the same right to secure compensation.

Statistics regarding delayed whiplash

Most recent statistics from the government indicate that in 2015 there were 22,137 people that we seriously injured in road traffic accidents. This may represent a three per cent decrease from the year before, but the figure is still exceptionally worrying. There are also some interesting statistics regarding whiplash, with every three in four patients experiencing whiplash symptoms for more than six months. Research also shows that most people do not encounter symptoms until weeks or months after the accident.

Whiplash also occurs more commonly in those between 30 and 50-years-old, and women are five times more likely to suffer from whiplash than men. Furthermore, whiplash victims lose eight weeks of work on average, which equates to two month’s of wages lost. Luckily, you will be able to claim for loss of income when launching a compensation case. So, feel free to speak to us to learn more about delayed whiplash injury claims.

What to do if you are involved in an accident causing you to have delayed whiplash

If you have been involved in any type of accident that has resulted in delayed whiplash, it is important to take the necessary steps to build a strong case. This includes the following:

  • See a medical professional – A lot of people attempt to deal with whiplash symptoms themselves. This is not advised. Whiplash can get worse overtime, and it is not something that should be ignored. You may fear that no one will believe you that you are suffering from whiplash a long time after the accident. This is not the case. In fact, delayed whiplash is very common. Getting medical help is important. Not only for your health but also for your compensation case too. The medical report the doctor puts together is the most crucial piece of evidence in any claim. It outlines your injuries, as well as the recommended treatment and how long your symptoms will persist. This will be used to determine how much compensation you receive.
  • Take photographs – You should take photographs of the scene of the incident. Show any damage that has happened to your vehicle and/or the surrounding area. If your injuries are visible, it is a good idea to take some photos of those too.

Other steps

  • Get the perpetrator’s contact information – Get the contact details of the person that caused the accident. You will need their name, address, and telephone number. It is also a good idea to make a note of the make and model of their car. Of course, if the perpetrator fled the scene, you won’t get this information. However, you will still be able to make a claim, so make sure you get in touch to pursue this further.
  • Get witness contact details – If anyone witnessed the accident, you should get their contact information. Witness statements can really help to strengthen your case, so make sure you get their name, phone number, and address.
  • Keep proof of any expenses – You also need to keep proof of any expenses you have experienced due to your injuries. This could be the likes of medical expenses, travel costs, the cost of childcare, loss of income, accommodation adaption expenses, and counselling costs. So long as the expense has been caused because of the accident you have been involved in, you will be able to claim for it. You will need proof, though, so make sure you keep your receipts and any other documents that will strengthen your case.

How to begin a delayed whiplash claim

You may be wondering how to claim for whiplash after a car accident. Starting a delayed whiplash claim is easy: all you need to do is pick up the phone and give our team a call. We have years of experience in whiplash claims, and we have helped many personal injury victims to get the compensation they deserve. When you call us, we will begin our service with a free consultancy session.

During this session, we will ask several questions to find out the facts about your case. This is nothing to worry about; it is merely so that we can find out as much as possible about what happened to advise you in the best manner. This is also a good opportunity for you to ask any queries you may have.

If you are yet to see a doctor and a local medical is required, this is something we can organise for you free of charge. You will also be pleased to learn that we work on a No Win No Fee basis. This means that you will only pay legal fees if your case is a success. If we do not manage to secure compensation for you, you won’t need to pay a penny. This offers you a considerable degree of financial security, which other personal injury firms do not afford. For more information on our No Win No Fee approach, scroll to the bottom of this delayed whiplash injury claims guide.

Delayed whiplash accident at work claims

If you have sustained delayed whiplash at work, you can claim compensation. Many different ways delayed whiplash can happen in the workplace. Of course, you may work in a transport-related field, from being a courier driver to operating machinery on construction sites. In rare instances, workers suffer from whiplash due to accidents that have not happened on the road or while in transit. This includes slips, trips, and falls. No matter what type of accident has occurred, to claim for delayed whiplash, you simply need to be able to prove that someone else (your employer) is to blame for your suffering.

There are several ways your employer could be at fault. Common examples include the following:

  • Failing to provide adequate training
  • Failing to carry out risk assessments
  • Ignoring findings found in risk assessments
  • Failing to supply you with the correct Personal Protective Equipment (PPE)
  • Allowing you to use machinery that is faulted
  • Encouraging dangerous shortcuts
  • Failing to give you any breaks

Other points

Basically, you need to show that your employer has breached its legal responsibility to provide a healthy and safe work environment. You then need to show that this action resulted in the injuries you have sustained. If you can do this, then you certainly have the basis for a successful compensation claim.

A lot of people are fearful about claiming against their employer. They worry that they will lose their job for pursuing compensation. This is something you do not need to fret about. Firstly, the compensation you receive will not come directly from your employer’s bank account, so you do not need to worry about putting your boss out of pocket. All employers in the UK must have insurance in place by law, which will cover such scenarios.

The insurance company will payout if your case is a success. Not only this, but if your employer were to fire you or treat you differently because of the claim, they would only land themselves in further legal trouble. Your employer will recognise that you have suffered as a consequence of an accident that could have been avoided, so they will appreciate that you need compensation. You simply need to make sure the whole whiplash claims procedure is handled professionally and above board, which is where we come into play.

Why should I claim compensation for delayed whiplash?

There are several reasons why you should claim compensation for delayed whiplash. Of course, the main reason is so you can get justice for what happened to you. There is no reason why you should suffer because of an accident that was not your fault. While compensation cannot make the pain or suffering go away, it can help make your life a bit easier and ensure you get the assistance you need throughout your recovery process.

Not only this, but injuries can be expensive. Firstly, you have medical bills and prescription costs to contend with. There is then the possibility that you will have to miss work while you recover. If you are self-employed or you do not get sick pay, this can cause a significant dent in your savings, if you have any. This can be a huge worry for a lot of people. However, by making a personal injury claim, your whiplash claims payout will cover the cost of lost income. If you are expected to be off work in the future, you will also claim for loss of anticipated earnings.

Other details

Whiplash claims 2017 and beyond will also cover all of the other costs that are associated with injuries. This includes travel expenses, childcare costs, and the cost of counselling. This ensures that the ordeal you have gone through does not impact you financially.

There is also the argument that making a compensation claim can help to make other drivers more responsible and ultimately make the road a safer place. The person that has caused your injuries will be held responsible for their negligence and/or carelessness. It is highly unlikely that they will make the same mistake again, meaning you could have saved someone else from suffering the same painful fate as you have. Information like this could form the basis for your delayed whiplash injury claims.

How long does it take for whiplash symptoms to appear?

You may wonder: how long does it take for severe whiplash symptoms to appear? And how long does whiplash last? Well, without sounding cliché, how long is a piece of string? Every whiplash case is different. Some people experience symptoms straight away. Most people, however, feel fine after the accident, and then the symptoms arise a few hours later – sometimes even a few days later. There are several reasons why this is the case. You can find out more about this further down in the guide. It could be the adrenaline of the crash masking the pain, or it could simply be that muscle soreness arises once the body starts to recover.

It is worth noting that whiplash can also get worse over time, which is why it is important to see a medical professional as soon as possible, even if you think the symptoms are manageable. There have even been cases whereby whiplash symptoms do not show themselves for weeks, so it really does not matter how delayed the onset is. You should still pursue a claim. All you need to do is give our friendly and professional team a call, and they will be more than happy to advise you further.

What can be claimed for after an accident causing delayed whiplash?

If you want to claim for delayed whiplash, there are several damages you will be able to claim. This includes the following:

  • General damages – This is a term used to describe the compensation you will receive for the injury itself, i.e. the pain and suffering you have experienced.
  • Medical expenses – This could be anything from medication charges to counselling expenses.
  • Travel expenses – You may have needed to organise alternative transport during your recovery due to being unable to drive. Or, perhaps you need to cover the cost of hospital parking?
  • Loss of earnings – If you have lost income because you have been unable to work while you recover, you will be able to claim for this. You can also claim for loss of anticipated earnings if you’re off work for an extended period of time.
  • Care claim – If you have needed help around your home while you recover, the person who cared for you will be able to file a care claim.

The most common causes of delayed whiplash

Successful delayed whiplash injury claims greatly rely on the causation. So, whiplash tends to occur as the result of a road traffic accident. This is because the head jolts forwards and backwards rapidly, which causes pain and stiffness in the neck. However, whiplash is not limited to road traffic accidents; it can occur in other ways. We have helped many personal injury victims to claim whiplash for workplace accidents, as well as slips, trips, and falls.

What about delayed whiplash specifically? Delayed whiplash can often occur due to the initial shock of the collision. If you have been involved in a car crash, you may not feel the pain immediately because of adrenalin. Yet, once the shock subsides, the pain will increase. In fact, the pain is often likened to the delayed onset of muscle soreness people tend to experience after being at the gym. Rather than occurring at the activity, the pain happens once the body starts to repair itself. This is exactly what happens during delayed whiplash. Depending on the severity of the injury, pain can be felt in the neck and the back and shoulders.

What are the symptoms of whiplash?

There are several symptoms of whiplash from rear-end collision incidents and other accidents. A lot of people notice immediate symptoms. However, for others, it can take days and even weeks for the symptoms to arise. Those then assume the pain they are experiencing will go away, but it only gets worse over time. This is why it is vital to see a medical professional at the earliest opportunity.

Here are some of the most common whiplash symptoms:

  • Neck pain
  • Tightness in the neck
  • Decreased range of motion in the neck
  • Pain when moving your head backwards and forward or from side-to-side
  • Stiffness when moving your head
  • Pain when looking over each shoulder
  • Tenderness
  • Headaches that radiate to your forehead, coming from the base of your skull

You may have felt fine at the time of your accident, and then the symptoms may start to show themselves a few days or weeks later. When this happens, many people worry that they won’t be believed if they did not complain about whiplash at the time of the accident. This could not be further from the truth. Delayed whiplash is something that medical professionals take extremely seriously. It is a lot more common than you may realise.

How are delayed whiplash claims processed?

There is a whiplash claims procedure that is followed when it comes to delayed whiplash claims. These claims will be processed through the Road Traffic Accident Protocol, so long as whiplash was caused by a road traffic accident, of course. There are some cases whereby whiplash is sustained through slips and trips or accidents at work. When this happens, we will advise on the best way to launch your claim.

When claims are processed through the Road Traffic Accident Protocol, the guilty party, i.e. the Defendant, will notify the claim. They will then have 15 working days to respond, stating their denial or admission of liability. As there is a strict timeline, such claims follow a simple and quick process.

Other details

It is always our aim to ensure that the maximum amount of compensation is awarded to our clients. Generally, the longevity and severity of the whiplash suffered are used to determine how much compensation you will receive, as well as the impact the injury has had on your life. This is why it is a good idea to get medical advice at the earliest opportunity.

Needless to say, many people do not realise the severity of their injuries until they have spent some time living with restricted mobility and pain. This is when delayed whiplash occurs. Delayed whiplash can severely impact your quality of life for a long period of time. Depending on your career, age, and lifestyle, it could restrict you from participating in certain activities, and we will make sure you are compensated via delayed whiplash injury claims.

How much compensation will I get after an accident causing delayed whiplash?

Whiplash claims, how much will I get? A lot of our clients want to know how much compensation they will receive, and rightly so. However, it is important to note that we can only ever provide you with an estimate. No solicitor, no matter what they proclaim, can give you an accurate figure. You should consider many variables regarding compensation payout amounts, and all whiplash cases are different.

You may have come across a whiplash claims calculator online. Several legal firms have whiplash compensation calculator features on their website. Here, you input a few details and then you receive a payout figure. It is important to note that such figures are only ever estimated. You should not assume that you would receive that exact amount.

One thing we can do, though, provides you with details regarding delayed whiplash claims average payout amounts. In the table below, you will find details regarding the typical compensation payout amounts for injuries associated with whiplash. If you cannot find the information you are looking for, please do not hesitate to get in touch. We would be more than happy to explain whiplash claims average payout amounts for different injuries. We can also take you through whiplash claims average payout for 2015, 2016, and 2017. Simply give us a call, and our advisors will be more than happy to assist you.

Injury sustainedTypical delayed whiplash claims amountComments
Loss of benefits£5,000 - £500,000If you have missed work while you recover from your injuries, you will be able to claim for the income you have lost. There are claimants receive more than the maximum amount stated in the left-hand column in some cases.
Loss of anticipated earnings£10,000 - £400,000If you are expected to be off work for an extended period of time during your recovery, you can claim for loss of anticipated earnings. This is calculated based on what you earn at present, as well as your future earning potential. There are claimants receive more than the maximum amount stated in the left-hand column in some cases.
Pain and suffering£1,000 - £200,000The level of pain and suffering you have experienced will be used to calculate how much compensation you receive.
Mental anguish£3,350 Fear of death and expectation of end of life.
Neck injuries – Severe£34,575 - £112,750At the lower end of the bracket, we have cases involving soft tissue damage, dislocations, fractures, and ruptured tendons. Such injuries will lead to significant disability and chronic conditions. The precise awarded is based on how long the most serious symptoms last. The highest payout is for cases involving incomplete paraplegia, which causes permanent spastic quadriparesis, whereby the injured person has no or little neck movement despite wearing a collar all of the time.
Neck injuries – Moderate£6,000 - £29,250The lower payout in this bracket is for injuries that have exacerbated or accelerated a condition the claimant already had. It also applies to soft tissue injuries. The higher payout is for dislocations or fractures that may necessitate spinal fusion and cause serious symptoms immediately. Chronic conditions also fall into this bracket.
Neck injuries – MinorA few hundred pounds - £6,000The lowest payout is for cases whereby a complete recovery is made within a matter of a few months. Otherwise, the payout will be determined by considering a number of different factors. This includes: the need to take any medication, how severe the neck injury is, the extent of treatment needed, the pain intensity and consistency, how the injuries have impacted the person’s ability to work, how the injuries have impacted the person’s everyday life, and the presence of any additional symptoms.
Minor injuries – A full recovery is made within three months£1,050 - £1,860
Minor injuries – A full recovery is made within 28 days£525 - £1,050
Minor injuries – A full recovery is made within seven daysA few hundred pounds - £525
Shoulder injuries – Severe£14,600 - £36,500This is for neck injuries that tend to involve brachial plexus damage, which causes severe disability.
Shoulder injuries – Serious£9,700 - £14,600Such cases involve damage to the lower part of the brachial plexus and shoulder dislocation. Claimants will experience restricted shoulder movement, sensory symptoms in the hand and forearm, aching in the elbow, and pain in the neck and shoulder.
Shoulder injuries – Moderate£6,000 - £9,700This is for cases whereby the person has a frozen shoulder with discomfort and movement limitation. Most people will experience symptoms for roughly two years. Soft tissue injuries with minor symptoms also fall into this payout bracket.
Shoulder injuries – MinorA few hundred pounds - £6,000The payout depends on how soon the person recovers. Recovery within a few months tends to result in a payout between a few hundred pounds and £1,860. Recovery within a year will lead to a payout between £1,860 and £3,300. Finally, recovery within two years usually equates to a payout between £3,300 and £6,000.

No Win No Fee delayed whiplash claims 2017

Our whiplash claims UK based solicitors work on a No Win No Fee basis. This ensures that anyone can make a claim, irrespective of their current financial standing. You won’t need to pay a large sum of money up front to start the whiplash claims procedure. Also, if we do not manage to secure compensation for you, you won’t have to pay a penny in terms of legal bills. This offers you monetary security, as you know you aren’t going to find yourself in the dreaded position whereby you have a large legal bill, yet you do not have any compensation to fund it with. This could easily happen if you opted for the services of a legal firm that bills you per hour.

In fact, there are a lot of drawbacks associated with going down that route. For example, there is always the risk that a solicitor that charges per hour will take on your case irrespective of its strength. After all, they are not impacted by the outcome of your case – they will earn the same amount whether you win or lose. This could lead to them taking on your claim simply to take your money, or they may put in less effort and work than is required. This is something you never have to worry about when you work with us. We will never waste your time; we only take on delayed whiplash injury claims that we believe have a genuine chance of success.

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

When it comes to whiplash injury claims, there are many options available for you in terms of personal injury firms across the UK. However, if you choose an inexperienced firm or a company with a bad reputation, you could seriously jeopardise your chances of compensation. Luckily, this is not something you need to worry about when you work with us.

We have years of experience in the industry, helping thousands of whiplash injury victims get compensation. You can be confident that we have worked on cases similar to yours time and time before. Not only do we boast an excellent track record, but also we have a great reputation to back it up. You only need to look at our client reviews to see that this is the case.

One of the reasons we have received such great feedback from our clients is that we always put our customers first. Our customer-centric approach means that we concentrate on securing compensation, enabling you to focus on your recovery – the most important thing. We appreciate that you are going through an incredibly difficult period. That is why our goal is always to secure the maximum amount of whiplash compensation possible in the quickest, most efficient, and stress-free manner. Couple this with our No Win No Fee approach, and you can have complete peace of mind when you work with us.

Call for free advice and to start a claim

If you have any questions about making a claim or are ready to begin the process, all you need to do is dial 0800 073 8804. You will be connected to one of our polite and professional advisors, who will be more than happy to assist you in any manner they can. No matter whether you have a query regarding whiplash claim payout amounts, including the whiplash claims average payout 2017, or a question about the recent whiplash claims law change, or you want to know more about the process entailed when making a chronic whiplash claim, we can help. No question is too big or small.

Plus, we will match you to the best in-house solicitor from our team. This will ensure you get the maximum amount of compensation possible, which is always our main aim. So, what are you waiting for? Give us a call today to begin the process of filing delayed whiplash injury claims.

Helpful links

NHS whiplash advice

This link takes you to the NHS page on whiplash, which contains information on symptoms, medical advice, causes and treatment. You can also find information on relevant clinical trials.

Legalexpert.co.uk car accident compensation advice

Check out our guide to car accident claims. It explains starting a car accident claim, what damages to claim for, average payout amounts and much more.

Legalexpert.co.uk whiplash claim calculator

This link takes you to our whiplash claims calculator page. And this gives you a good understanding of how much compensation you may receive for your delayed whiplash claim. You will also find details on whiplash claims 2016, what damages you can claim for, the whiplash claims average payout 2017, and how to go about making a claim.

Delayed Whiplash Injury Claims FAQs

Is it too late to claim for whiplash?

No, because it might take a while for your symptoms to become noticeable.

How long after whiplash can you claim?

You can claim anytime for up to three years after the fact.

What is the average payout for a whiplash claim?

Due to the recent reforms, minor whiplash claims would see the client earn a maximum of £5,000.

Can whiplash show up months later?

Yes, it could be that your symptoms don’t actually flare up until months down the line.

Should I accept the first offer of compensation?

No, as you’re going to receive some sort of larger follow-up offer.

Do you need a doctor’s note to claim whiplash?

Yes, in the sense that you require a medical report to back up your whiplash claim.

Can whiplash symptoms get worse over time?

Though it doesn’t happen often, the symptoms can increase in severity.

What are the symptoms of whiplash?

These include neck pain, a lack of neck motion, headaches, fatigue, tenderness, dizziness and numbness.

Thank you for reading our delayed whiplash injury claims guide.

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