By Mark Ainsdale. Last Updated 22nd July 2025. This is our updated guide to whiplash compensation claims in Scotland. It looks at how to claim for whiplash after a road traffic accident.
Legal Expert can provide personal injury lawyers across the UK to help claimants with road traffic accident claims. Whiplash is an injury that is both quite common, often misunderstood and all too often dismissed a minor injury. It is also an injury that has become associated with negative connotations. To some extent, this is because a whiplash injury and the ways that the injury has affected you may not be visible to other people. Whiplash is an injury to the neck muscles which happens when the head is jerked is a sudden and violent motion.
Commonly it happens in car and as well as other vehicle accidents as the force of the crash throw the person forward or to the side, however, it can also happen in other circumstances. A sudden blow to the body or any force which causes you to jerk or snap your neck in some way can lead to whiplash. Read on for further information about filing whiplash compensation claims in Scotland.
Whiplash injuries
Whilst a whiplash injury will generally get better with a few weeks or months, the effects of whiplash can last for a lot longer in some cases and can result in severely limited movement or reduced levels of activity. The most common symptoms of whiplash may include pain of varying levels of severity, some dizziness and difficulty with everyday activities.
Because the effects of a whiplash injury may not present immediately after the accident and as they can sometimes be confused with other injuries or medical issues, many people often do not even realise that they are suffering the effects of whiplash. The effects of whiplash can be extremely varied and range from being relatively minor, through to people having to take time off work, losing income and being unable to carry out day-to-day activities.
However minor or serious the effects of whiplash have been on you if you have suffered whiplash as a result of an accident that was not your fault you could be entitled to make a whiplash claim in Scotland. The solicitors we can provide claimants specialise in personal injury claims, such as for whiplash injuries.
Find out more information about whiplash injuries, their effects, and how to make a successful claim in our guide below. When you’re ready to claim for either a minor whiplash injury or a major whiplash injury, call 0800 073 8804.
Select a Section
- What Is Whiplash?
- What Circumstances Can Lead To A Whiplash Claim In Scotland?
- What Can You Claim For?
- How Long Does It Take To Recover From Whiplash?
- The Difference Between Whiplash Injury Claims In Scotland And In England & Wales
- Can I Make A Whiplash Claim?
- Claiming For A Whiplash Injury, Scotland As A passenger
- The Average Whiplash Claim In Scotland
- No Win No Fee Whiplash Claims In Scotland
- Contact us today
- Useful links
What Is Whiplash?
Before looking further into whiplash compensation claims in Scotland, we shall look at whiplash injuries. The main damage caused by the violent acceleration and movement in a whiplash accident is to the tendons and connective tissues. Tendons are tough fibrous tissue that connects muscle and bone together. The ligaments are the tissues that connect bones together at a joint. Whiplash typically damages one or both of these tissue types resulting in tenderness, reduced movement and stiffness across the affected area.
These symptoms can take around 12 hours to develop after an accident, though in some cases they can take much longer. The pain and injury may become progressively worse over several days after the injury. This is why a person may seem fine immediately after an accident. Whilst most people suffer whiplash as a result of a road traffic accident, it can also be caused by contact sports such as rugby or boxing. If you have had a whiplash injury in Scotland, our expert team can help.
Getting a diagnosis:
Diagnosing whiplash injuries do not usually require any special testing or scans and can be detected from your symptoms. If you have been involved in an accident you should visit your GP or hospital straight away as well as a few days later. This is so that you can get both any immediate treatment you may need, as well as following up to find out if whiplash has developed. Straight after the accident, your doctor will examine the neck and shoulder areas looking for signs of damage to the muscle or tendons such as spasms, tenderness or a reduced range of motion.
Seeking medical attention as soon as possible after an accident can increase the strength of whiplash compensation claims in Scotland. This is because a record of your injuries will be made by the doctor you see.
Whiplash treatment options:
According to the NHS in many cases, whiplash will get better on its own or with very basic treatment. Contrary to the image people often have of someone with whiplash wearing a brace or collar, the NHS in Scotland recommends moving your neck rather than keeping it fixed in place. Retaining mobility will aid in recovery and speed up the recovery time. Pain and inflammatory symptoms can be managed with common painkillers and anti-inflammatory drugs, though your treatment regime will be tailored by your doctor to your specific symptoms.
Generally, whiplash will get better within a few weeks or months. If it lasts for longer than six months it is called chronic whiplash. In any event, you may have the opportunity to file whiplash compensation claims in Scotland as a result.
What Circumstances Can Lead To A Whiplash Claim In Scotland?
People typically making a whiplash injury compensation claim in Scotland will typically have been involved in some form of a car accident. There are several types of car accidents that can lead to a person suffering whiplash. Below, we look at the most common forms.
Rear-end shunts: These are the most common form of accidents leading to whiplash. The occupant will have been in either a slow-moving or stationary vehicle. The driver or passenger in the car being hit will suffer unexpected forces, straining their body, with the chin often striking the chest before the head is snapped back.
Head-on collisions: accidents like these typically happen at higher speeds and can occur in a variety of ways. They will often also result in more serious injuries. A head-on accident may cause the neck to be hyperflexed (thrown forward) before being hyperextended (pushed par back). This action could cause the spinal discs to be pushed backwards and bulge out. This can even lead to a hernia or the spinal disc leading to a high degree of pain and reduced mobility in the shoulders and arms.
Side impacts: even a side impact can cause the body and neck to move in an abrupt and unexpected way, leading to a whiplash injury.
Any of these types of vehicle accidents can occur in a car, bus, coach, taxi or on a motorbike or other vehicle. If you have experienced a road traffic accident, contact our team to find out if you could make a whiplash or car accident claim in Scotland.
What Can You Claim For?
One of the most commonly asked questions is “what do whiplash compensation claims in Scotland include?”, in terms of what can be claimed for, and how much the claimant might expect to be awarded. Whiplash compensation amounts do vary depending on the circumstances and severity of the accident and injury and whether or not any other financial costs need to be taken into account as part of the claim.
Whether you are seeking whiplash injury compensation in Scotland, or in England & Wales, there are several different components that can make up your claim.
General damages
The most common part of a settlement is for general damages. These cover the injury itself and follows guidelines for the Judicial Standards Board. This part of the award is solely for the injury suffered and any pain it caused.
Special damages
This covers all other types of compensation and is broken down into several different types.
Loss of earnings: if you had to take unpaid leave from work, had to change to a lower-paid role, reduce your workload or otherwise found your income lowered as a direct result of the injury you can also claim for this loss.
Travel expenses: if you had to travel as a result of the accident, such as travel to a medical appointment or visiting a solicitor, you can claim for these expenses.
Medical expenses: whilst most of your care will be covered by NHS Scotland, you may find that you have had to pay for some emergency treatment or that you will have to have prescription medication to deal with the pain and inflammation. You can claim these costs back from the defendant as part of your claim.
Emotional and psychological effects: an accident may not just result in physical injuries. In many cases, people can also suffer psychological trauma as a result of an accident. Even the stress of having to pursue a compensation claim (which many people need to do so they are not left out of pocket) can cause psychological trauma.
Further details
The types of compensation listed above are the main types of compensation that someone can claim for after suffering a whiplash accident. However, there may be other forms of damages that people can make whiplash compensation claims in Scotland for.
It should also be noted that you are able to make any form of personal injury claim on behalf of someone else if they are unable to do so. This could involve a parent or guardian making a claim on behalf of a child or claiming on behalf of someone who is not able to make the claim due to diminished mental capacity. Find out about how to claim for whiplash by contacting our team.
How Long Does It Take To Recover From Whiplash?
How long it will take to get over your whiplash injury will depend on multiple factors such as the severity of your initial injury, the location of the injury and its extent. Many people will recover from whiplash within a few days to a few weeks, with most patients making a full recovery after three months. The bulk of people who experience whiplash will not suffer any longer-term complications or symptoms.
Some people will experience long-term symptoms. People who still experience pain and headaches for months or years after the incident are diagnosed as suffering from chronic whiplash. The pain may be experienced in areas such as your neck, vertebral discs, or tendons and ligaments. But note that chronic pain following whiplash is difficult to treat.
For more information on the difference between whiplash compensation claims in Scotland and in England and Wales, please read on, or contact our team today for free legal advice.
The Difference Between Whiplash Injury Claims In Scotland And In England & Wales
The main difference between whiplash claims in Scotland and those in England & Wales is the legal process. Generally, claims of this nature that are valued under £5,000 made in England and Wales will be handled in line with the Whiplash Reform Programme. This means that the compensation tariffs established by the Whiplash Injury Regulations 2021 will be used to value whiplash injuries.The government introduced this is order to give certainty and clarity to claimants. The whiplash tariffs are set amounts based on how long the injury lasts and whether there are additional psychological injuries to consider.
In contrast, there is a different legal system when it comes to whiplash compensation claims in Scotland. This system involves the use of the Judicial Studies Board Guidelines. The case may need to go through the Court of Session or the Sheriff Court if required. There are 6 Sheriff courts in Scotland that cover different areas.
You can speak with our team of advisors today for further advice on whiplash claims and the different processes in place to handle them. They may connect you to one of our solicitors, who can help you start a whiplash injury compensation claim in Scotland. However, you are welcome to raise any general queries, as you may have decided whether to start a claim at this time.
Can I Make A Whiplash Claim?
You can make whiplash compensation claims in Scotland if your injuries were the result of an accident that was not your fault or an accident that was partially the fault of another party. In order to make a successful claim, you will need to work with an experienced personal injury claims solicitor. They will gather evidence of the accident in order to satisfy the following criteria:
- That you were owed a duty of care by the other party. This could be the duty of care by a driver to their passenger, or by another road user to you.
- Next, you must show that the other party breaches this duty of care in some way. This could be through impairment (such as driving under the influence of alcohol), negligence or otherwise poor driving.
- It then needs to be shown that this breach was either the cause of (or contributing factor in) the accident you suffered and your resulting injuries.
Depending on the circumstances of your accident and injuries this can sometimes be a complicated process. This is why it is important to have the right legal team behind you in making your claim.
Claiming For A Whiplash Injury In Scotland As A Passenger
Whether you were the driver of a vehicle or the passenger, if you have sustained an injury such as whiplash as a result of an accident that was not your fault, you have the same rights to make a compensation claim. Passenger whiplash claims can often be simpler to conduct as the passenger in a vehicle accident is often considered to be a bystander to the incident. As the passenger, you can make a compensation claim against the driver of a vehicle that caused the accident, even if you were in the same vehicle as the driver responsible for the accident.
In some cases, you could claim against the driver of your vehicle, even if they’re not responsible. You can do so if the driver doesn’t have a full driving license or adequate insurance.
Our next section will look at the average amounts of whiplash compensation claims in Scotland, please read on.
The Average Whiplash Claim In Scotland
Knowing the average value of a whiplash claim in Scotland would not be of much use to you. The amount of compensation depends on how serious the injuries are and the impact on your life. As everyone’s injuries and financial losses are different, the settlements will vary significantly.
In the table below we have examples of different injury types. Some of these injuries may exist alongside whiplash. The values were taken from the Judicial College Guidelines (JCG), which applies guideline amounts to different injuries based on previous personal injury claims settled in England and Wales. However, the first row was not taken from this document.
| Part of Body | Severity | Amount | Notes |
|---|---|---|---|
| Multiple injuries with financial losses | Severe | Up to £500,000+ | Multiple injuries with the associated costs, such as lost income |
| Neck Injury | Severe | In the region of £181,020 | Severe ongoing impaired movement as well as pain. Injury may lead to partial or full paralysis in the local area. Can also cover Neck injury associated with incomplete paraplegia or resulting in permanent spastic quadriparesis. |
| Moderate | £9,630 to £16,770 | Injuries which may have accelerated and/or exacerbated a pre-existing condition over a shorter period of time, usually less than five years will be covered in this bracket. Also includes injuries such as fractures or dislocations which cause severe immediate symptoms and which may necessitate spinal fusion. | |
| Minor | £5,310 to £9,630 | Where a full recovery takes place within a period of about one to two years. | |
| Back injury | Severe | £47,230 to £85,100 | From cases of disc lesions or fractures of discs or of vertebral bodies or soft tissue injuries leading to chronic conditions to cases of the most severe injury involving damage to the spinal cord and nerve roots, leading to a combination of very serious consequences. |
| Moderate | £15,260 to £33,880 | The bracket contains a wide variety of injuries including compression/crush fractures of the lumbar vertebrae where there is a substantial risk of osteoarthritis and constant pain and discomfort and the disturbance of ligaments and muscles. | |
| Minor | £9,630 to £15,260 | Where a full recovery or a recovery to nuisance level takes place without surgery from three months to about two to five years. | |
| Arm Injury | Severe | £117,360 to £159,770 | Injuries which fall short of amputation but which are extremely serious and leave the injured person little better off than if the arm had been lost. |
| Serious | £47,810 to £73,050 | Serious fractures of one or both forearms where there is significant permanent residual disability whether functional or cosmetic. |
All figures are for illustrative purposes and your settlement may differ. For a more accurate estimate of the value of your claim, please contact an advisor.
No Win No Fee Whiplash Claims In Scotland
If you wish to make whiplash injury compensation claims in Scotland, one of the biggest worries may be the cost. In the past, getting compensation would often be a costly process. However, this is no longer the case.
Legal Expert is proud to help our clients through No Win No Fee agreements. This means that at the start of your claim, and during the claims process, there are no fees to pay. In the unlikely case that your claim is not successful, you won’t have any legal fees or costs to pay. If we do secure a compensation settlement for you, the fee structure matches that within the agreement. Before you sign, your solicitor will ensure that you fully understand both the agreement and your solicitors’ fee structure.
Contact us today
If you need advice on making whiplash compensation claims in Scotland, talk to the team at Legal Expert. Our advisors are on hand to assess your individual circumstances and to start your claims process. We work with claimants suffering a variety of whiplash injuries and can help you claim against the responsible party. And that’s no matter whether you’re a passenger in a car or the driver.
Our team will discuss your claim as well as what compensation you could receive. You can start the claims process by filling in our online claims form. Alternatively, you can send an email to [email protected], or simply call our friendly team on 0800 073 8804.
Useful links
Personal injury claims in Scotland
Find out further information about the differences in making a personal injury claim in Scotland. There’s also our personal injury claims in Scotland calculator in our Scottish compensation claims guide.
Permanent Injury Claims
In this updated guide we look at compensation claims for permanent injuries.
How long do the effects of whiplash last?
Find out how long the effects and symptoms of whiplash can last on average in our guide.
To make whiplash compensation claims in Scotland when you were partially at fault, talk to an expert.
