What Is The Minimum Payout For Whiplash?
By Daniel Archer. Last updated 11th May 2022. Whiplash is one of the most common injuries suffered in a road traffic accident. It happens when the head snaps back and forward in a violent manner. This can cause pain and stiffness in the neck, as well as the shoulder and arms. An injury like this could lead you asking “what is the minimum payout for whiplash?”
The trouble with whiplash is that symptoms tend to show themselves after the event, typically a few hours and sometimes a few days later. If you have sustained whiplash in any type of accident that was not your fault, whether it is a road traffic accident, an incident at work, or any other type of accident, you could be entitled to whiplash compensation. We will also confirm what the new Whiplash Reforms are and how they could change your claim method.
You may be wondering what the minimum compensation for whiplash is. After all, you want to make sure it is going to be worth your while. Well, here at Legal Expert we always aim to seek the highest amount of compensation that is available for any type of personal injury claim, and we have a brilliant track record for doing so. If you wish to make a claim or you would like more information, you can reach us on 0800 073 8804.
If you have any further queries about whiplash claims, you can also contact us through our website or by using the Live Chat window now on your screen. However, before you give us a call, make sure you read our whiplash compensation guide below to find out everything you need to know about these cases and the amount of money you could receive.
Choose a section
- A guide to minimum whiplash compensation payouts
- What is whiplash?
- How will injuries be assessed?
- What Is The Minimum Payout For Whiplash?
- How long does it take to get my whiplash compensation?
- What can I claim for within a whiplash claim?
- How much money can you sue for pain and suffering?
- How much whiplash compensation will I receive?
- No Win No Fee whiplash claims
- Why Call Legal Expert?
- Begin a whiplash claim with us
- Helpful Links
Whiplash is a common injury. However, it impacts people in many different ways. Some people experience a quick recovery whereas others are left with lifelong injuries. No matter what applies, if the accident that occurred was caused by third-party negligence, you may be entitled to compensation.
In this guide, you will discover everything you need to know about the payout you may receive, from information on the minimum compensation for whiplash to the grade 3 whiplash compensation amount. As described in more detail below, if your whiplash injury is worth more than £5,000, we would be able to help you receive compensation.
We will also explain the benefits of using a No Win No Fee personal injury lawyer, as well as explaining why you need to be wary when using a whiplash compensation calculator to determine your payout amount. If, by the time you finish reading this guide, you still have questions, please do not hesitate to get in touch with us for more information about whiplash claims.
Knowing what a whiplash injury is, how it can happen, and the impact it can have on your life is vital in terms of understanding how your payout for this injury is going to be determined.
Whiplash is an injury that takes place when the neck’s ligaments and tendons extend beyond what is deemed the normal range of motion in a manner that is abrupt and sudden. This movement causes the ligaments and muscles to strain beyond their capacity, often leading to a tear. Depending on the extent of the tear, symptoms for whiplash can vary considerably. Some people can experience permanent disability and severe pain.
There are many different accidents that can cause whiplash. Of course, car accidents are the most common. Rear-end collisions, especially, are likely to result in whiplash. However, there are plenty of other scenarios that can give rise to this condition, including cycling accidents, slips or trips, and sporting injuries.
As mentioned in the introduction, there are many incidents whereby the symptoms of whiplash injury do not manifest imminently. In most cases, they can take between 6 and 12 hours to develop. However, there are also cases whereby symptoms take as long as a day or several days to manifest.
What Symptoms Are Usually Associated With Whiplash Claims?
If you have been involved in a road traffic accident, at the time of the accident, you may not have noticed any bruising or inflammation. This is why it is a good idea to get checked out in any case. Either way, you definitely need to pay close attention to your body over the coming days so that you can pick up on any unusual physical changes.
Some of the more common symptoms of whiplash that people tend to experience are:
- Pain and stiffness in the neck
- Persistent weariness
- Weakness or numbness in the arms
- Blurred vision
- Headaches, particularly at the base of the skull
Aside from this, there is a number of other less common whiplash symptoms that you need to be aware of. In terms of chronic, long-term whiplash, some of the more common symptoms include the inability to sleep well, issues with concentration and memory, ringing in the ears, as well as chronic pain in the shoulders, head, or neck.
For all personal injury claims, it is important that an independent expert carries out a medical assessment. They will look at how severe your injuries are, as well as your treatment, prognosis, and the impact that the whiplash is going to have on your life. This will then be used to determine the whiplash compensation pay amount you receive.
It is important to note that there are five different grades of whiplash, which we will explain in further detail below:
- Grade 0: This is when there are no physical signs of whiplash and no complaints.
- Grade 1: This is when there are no physical signs of whiplash, however, there are neck complaints.
- Grade 2: This grade is for both musculoskeletal signs and neck complaints.
- Grade 3: This is when there are both neurological signs and neck complaints.
- Grade 4: This is the worst grade, which is used to describe situations of neck complaints and dislocation/fracture.
o The vast majority of cervical spine fractures will happen at two levels, which is C2 or at C6/C7.
- The vast majority of fatal cervical spine injuries will happen in the upper cervical levels, which are C2 or C1 at the craniocervical junction.
When answering questions such as “what is the minimum payout for whiplash?”, it’s important to note that the severity of the injury is a crucial factor. The amount you can receive for whiplash claims is partly based on the extent of the injury.
Top Tips On Proving Whiplash Claims
As well as wondering how much you could get for whiplash claims, it’s also important to know how to establish negligence. This means that you’ll need to know what evidence to acquire to prove that your injuries were caused by the negligence of another road user.
You’ll find some examples of evidence that can be helpful to acquire below. They can help support your whiplash claim.
- Camera footage – For instance, dashcams or CCTV systems may have captured the incident that resulted in your injuries. Therefore, you could make a request for the footage from whoever captured it.
- Witness contact details – If others saw the accident, it can be helpful to ask how you can contact them. If they agree, then a solicitor can help with the process of gathering an official statement from the witnesses on the subject of what they saw.
- Medical evidence – It’s advised that you have a medical professional examine you following a suspected whiplash injury. Not only can they confirm your diagnosis, but also make a note of how severe the injury is. With regards to a minimum payout for whiplash, the figure awarded to you could vary depending on the extent of your injury.
If you want to know more about evidence you could gather as well as whether there is an average payout for whiplash, please do not hesitate to contact our advisors with your questions.
It can be incredibly hard to calculate an average payout that will give you a realistic view of the compensation you could receive. This is because cases differ dramatically and there are many different factors to take into account.
For whiplash claims, these factors might include:
- Injury severity
- The impact the injuries have had on your quality of life
- The impact your injuries may continue to have in the future
Medical evidence is often used to help assess the nature of your injuries. Also, you may be invited to attend an independent medical assessment that can produce a report that provides further details on the state of your injuries.
The assessment may be particularly useful when you’re claiming a while after the accident happened.
For more information on how whiplash compensation may be calculated, please get in touch with our team on the number above.
Firstly, it is important to recognise that there is a personal injury claims time limit, which is three years from the date of the accident or from the date you became aware that the injury was caused by negligence. In most cases, you need to have started claims proceedings within that time period.
In terms of the length of time it will take for you to secure whiplash compensation, it depends on factors including the claim method. As described in more detail below, if your injuries are valued at £5,000 or less, you would need to claim using The Whiplash Injury Regulations 2021.
When making a claim for whiplash, you may be able to secure damages for the following:
- General Damages: These provide compensation for your physical and psychological injuries.
- Special damages: These provide compensation for any additional expenses incurred as a result of your injuries.
Special damages might include:
- Medical Expenses
- Travel Costs
- Care Claim
- Loss of earnings
When calculating the amount you could receive for your injuries, medical evidence may be used to assess the severity. Additionally, a publication from the Judicial College provides guideline compensation amounts for several different injuries at varying severities.
We have used figures from this publication in the table below. However, you should only use these figures as a guide as your actual settlement will vary.
|Injury||Bracket Compensation Figure|
|(a) Severe shoulder injuries that are often associated with injuries to the neck. The neck injuries may involve brachial plexus damage that results in a significant disability.||£19,200 to £48,030|
|(d) Less severe brain damage: The person may be able to return to work and partake in a normal social life. However, some problems with concentration and memory may persist.||£15,320 to £43,060|
|(c) Moderate post-traumatic stress disorder: The person will have mostly recovered. There may be ongoing issues but they won't be grossly disabling.||£8,180 to £23,150|
|(b) (ii) Moderate neck injury: Examples of injuries might include damage to the soft tissues that may cause a serious limit on movement and permanent pain.||£13,740 to £24,990|
|(b) (ii) Moderate back injury: Examples of injuries might include those to the ligaments and muscles that result in backache or soft tissue injuries that cause prolonged exacerbation of a pre-existing back condition.||£12,510 to £27,760|
|(e) Minor head injury with minimal brain damage.||£2,210 to £12,770|
Additionally, it’s also important to note that any low-value road traffic accident claims involving passengers and drivers of vehicles over the age of 18 with injuries valued at less than £5,000 will be affected by the Whiplash Reform Programme. This means these claims will be made through the government portal.
When claiming through the Whiplash Reform Programme, the amount awarded to you is dictated by the Whiplash Injury Regulations 2021. The minimum payout for whiplash according to the tariff is £240, for an injury that lasts no longer than 3 months with no related psychological harm.
At the other end of the scale, if you injury lasts between 18-24 months and there is some psychological impact, the award would be £4,345.
If you’d like a free valuation of your claim, please get in touch. An advisor could help you understand the avenue you must take to claim.
When making a whiplash accident claim, you will also be able to claim for the pain and suffering you have been subject to. This includes both physical and psychological suffering. All cases are assessed individually, and you will be awarded an amount accordingly.
We know that you will probably want to know how much compensation you can get. We receive a lot of questions from clients and interested claimants. How much compensation for whiplash with physiotherapy? What is the minimum payout for whiplash?
In terms of payout amounts, this all depends on the severity of your injury and how it has impacted your life. Additionally, certain whiplash claims now need to be made through the government portal as per changes made in the Whiplash Reform Programme.
The changes affect passengers and drivers of vehicles over the age of 18 where their injuries have been at less than £5,000. If your injuries are valued at less than £5,000, your compensation payout will be calculated using the Whiplash Injury Regulations 2021.
We have included amounts from the regulations in the table below.
|Injury Duration||Amount of compensation for pain and suffering only||Total amount of compensation for pain and suffering and psychological issues caused|
|3 months or less||£240||£260|
|Greater than 3 months but less than 6 months||£495||£520|
|Greater than 6 months but less than 9 months||£840||£895|
|Greater than 9 months but less than 12 months||£1,320||£1,390|
|Greater than 12 months but less than 15 months||£2,040||£2,125|
|Greater than 15 months but less than 18 months||£3,005||£3,100|
|Greater than 18 months but less than 24 months||£4,215||£4,345|
For more information on whiplash compensation, contact our team for free legal advice. They can give you a second opinion about how much your injury is worth. You can use the contact details at a time that suits you to see if you’re able to claim.
When you work with Legal Expert, you are promised a 100 per cent No Win No Fee claims process. What does this mean? Basically, you will only pay legal fees if your case is a success and compensation is secured. This eliminates the monetary risk that is usually associated with making a claim because you know there is going to be no way that you will end up out of pocket.
It also eliminates upfront payments, meaning anyone can claim, irrespective of their financial situation. However, as previously mentioned, we would only be able to take your case if your injury is valued at £5,000 or more. Any whiplash claims that are worth less than that would need to be claimed using the new Whiplash Reforms.
There are a number of different reasons why you should call Legal Expert. This includes the following:
- The legal advice that we provide is free of charge and comes with no obligation to use our service.
- We don’t seek the minimum compensation for whiplash– we always aim to secure the maximum payout possible.
- We will provide you with a specialist personal injury solicitor that has up to 30 years of experience in the industry.
- We have an excellent track record for success and we have received great feedback.
If you are ready to begin your whiplash claim, or you have any queries, there are a number of different ways you can get in touch with us. The most common is via telephone. Our legal helpline number is 0800 073 8804. This is open seven days per week, from 9 a.m. until 9 p.m. We will answer all of your questions, whether you want to know more about the process involved, or want to know how much your injury is worth.
No question is too big or small for our advisors. There are also plenty of other ways for you to get in touch, which you can discover on the contact page on our website. You will also see that we have a live chat feature, and you can request a free call-back too.
Thank you for reading our guide on our whiplash compensation calculator. We hope you’ve found it useful. Below, you can find some more guides.
This link takes you to the NHS page on whiplash. You will find further information on the condition itself, including how it occurs, symptoms, and different treatment options.
This link takes you to our guide on working with whiplash solicitors and how you can start a No Win, No Fee whiplash claim. You can find more information about whiplash cases here, ranging from the most common types of whiplash claims to details on working with a specialist whiplash solicitor.
If you have further questions or queries about whiplash claims, please don’t hesitate to get in touch with us. We offer a free consultation over the phone and can provide you with a compensation estimate for what you could receive.
Other Helpful Compensation Guides
- Bournemouth Car Accident Claims Solicitors
- Brighton And Hove Car Accident Claims Solicitors
- Bristol Car Accident Claims Solicitors
- Cambridge Car Accident Claims Solicitors
- Chelmsford Car Accident Claims Solicitors
- Chester Car Accident Claims Solicitors
- Moped And Scooter Accident Claims In London
- Colchester Car Accident Claims Solicitors
- Dewsbury Car Accident Claims Solicitors
- Doncaster Car Accident Claims Solicitors
- No Win No Fee Road Traffic Accident Solicitors
- Whiplash Compensation Claim Time Limit
- Death By Dangerous Driving Compensation
- Brain Damage Car Accident Compensation Claims
- Foreign Vehicle Car Accident Claims
- Uninsured Drivers Compensation Claims
For more information on what the minimum payout for whiplash is, please get in touch on the number above.