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

By Daniel Archer. Last Updated 9th May 2022. Welcome to our guide on delayed whiplash injury claims. You may be experiencing whiplash symptoms that are delayed, causing you to wonder if you’re able to claim. 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, such as slips, trips, and falls, could also cause a delayed onset whiplash injury.

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.

Furthermore, we will also explain what the new Whiplash Reforms are and how they could affect the amount of compensation you could receive. 

This guide will answer many of your questions regarding claiming compensation for delayed neck pain after a fall. However, if you prefer, you can contact us completely free of charge at a time that works for you. You can call us on 0800 073 8804, contact us through our website or send us your query using the live chat window on this page. 

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 may be able to receive compensation if you can prove that the injury was caused by third-party negligence. This involves proving that the third party that caused your delayed whiplash symptoms had a duty of care towards you. You would also need to show that their actions, or lack of actions, caused them to breach this duty, causing your injury.

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
  • The average whiplash claims payout.

If you have any questions about delayed whiplash injury claims, please do not hesitate to get in touch.

What are delayed whiplash symptoms?

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. You could also suffer this delayed neck pain after a fall. 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

According to The Department for Transport, there were a reported 119,850 casualties on the road in Great Britain in the year ending June 2021. While this is a decrease of 6% compared to the previous year, it’s still a large number of injuries that show how dangerous it can be on the roads. 

Of this amount, there was an estimated 24,530 people were killed or seriously injured. A delayed onset whiplash injury may only be one of the multiple injuries you’ve suffered from a road traffic accident. If this is the case, you could claim compensation for all injuries caused by the accident if you can prove the accident was a result of another person’s negligence.

Top Tips For Proving Delayed Whiplash Injury Claims

When seeking compensation for whiplash injuries or other injuries valued at £5,000 or less, you must proceed with your claim through the government portal as per the Whiplash Reform Programme. However, your claim must meet certain criteria in order to be eligible to claim in this way.

Your claim must:

  • Be worth £5,000 or less
  • Have taken place on or before 31st May 2021
  • Be for a driver or passenger aged 18 or over
  • Be regarding an accident in England or Wales

You can claim for any road traffic accident through the government portal that adheres to the stipulations above.

If your injuries are valued above £5,000 you would need to make your claim the traditional way. We would advise calling to have your claim valued for free to understand the avenue you must take to seek compensation.

Regardless of how you claim for delayed whiplash symptoms, you need to gather evidence to assist in supporting your claim. We’ve included some examples below of the evidence you could acquire.

  • Medical records – When your injuries are assessed, official documentation is generated. Information such as the severity of your injuries may be contained within. There may even be advice such as how long you should be off work with whiplash, as certain roles may be difficult to carry out with whiplash or other injuries.
  • Video/photographic evidence – For example, one of the vehicles involved may have captured dashcam footage. Alternatively, the area in which the accident occurred may have been covered by CCTV. Visual evidence can be pivotal in establishing negligence.

You may also be able to gather witness testimonies if you collect the contact details of any witnesses. Our solicitors could help you acquire these statements, as well as other forms of evidence.

For more information on the evidence you could obtain or to discuss the average payouts for whiplash claims reach out to us today for free advice and guidance.

How to begin a delayed whiplash claim

You may be wondering how to claim for whiplash after a car accident.

How you claim for this type of injury is based on the injury’s severity. If your injury is deemed to be worth £5,000 or less, you would claim through the Whiplash Reform Programme. However, if your injury is worth more than that, you can make a compensation claim through the standard method. 

If you’re unsure how much your injury is worth or would like a second opinion about this, we will be more than happy to help. You can contact us for free at a time that suits you. During this free consultancy session, we will ask several questions to find out the facts about your case.

If your injury is worth more than £5,000, we can organise a medical professional to assess the nature of your injury. 

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.

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. There are many ways you could suffer delayed whiplash symptoms in the workplace.

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.

Every employer has a duty of care to ensure that employees can use the facilities, equipment and general environment safely and securely. In Great Britain, this duty of care is detailed in The Health and Safety at Work etc. Act 1974.

No matter what type of accident has occurred, to claim for delayed whiplash, you need to prove that your employer’s negligence caused your injury.

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

What else should I know about claiming for delayed whiplash symptoms?

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 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 neck pain after a fall. 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. 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.

Why should I claim for delayed neck pain after a fall cover?

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?

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 symptoms?

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 delayed whiplash symptoms?

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 worsens 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 symptoms are something that medical professionals take extremely seriously. It is a lot more common than you may realise.

How are delayed whiplash claims processed?

If you’ve suffered a delayed onset whiplash injury due to a road traffic accident, your claim would need to be processed through The Road Traffic Accident Protocol. 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.

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 receive a payout figure. It is important to note that such figures are only ever estimated.

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.

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

Our UK-based solicitors, who specialise in whiplash claims, 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 upfront to start the whiplash claims procedure.

Also, if we do not manage to secure compensation for you, you won’t have to pay your solicitor’s legal fees. 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.

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 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 for delayed whiplash symptoms 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. Whether you have a query regarding whiplash claim payout amounts or a question about the new whiplash reform protocols, we can help.

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.

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.

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.

Delayed Whiplash Injury Claims FAQs

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.

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. It isn’t just road traffic accidents that cause these types of symptoms. You could get this delayed neck pain after a fall.

If you still have questions about claiming for delayed whiplash symptoms, please contact our team for free legal advice. They can quickly inform you if you’re eligible to claim and even provide a compensation estimate.

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