Whiplash Claims – A Guide To Claiming Compensation
If you’ve been in an accident and suffered whiplash injuries, we can tell you how much compensation you are likely to receive.
Compensation is there to get you back to the same position you were in before an accident so there is an amount of money awarded by the courts depending on how serious the whiplash injury was, and also to cover any out of pocket expenses.
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Bott & Co are trusted and regulated solicitors successfully recovering millions of pounds for over 40,000 injured victims for more than a decade, winning a staggering 99% of all our cases.
We have a specialist team of solicitors dealing almost exclusively with whiplash compensation and similar injuries.
In addition our LVI (low velocity impact) team handle claims where genuine injuries have been caused by low speed collisions where insurance usually fight claims against them as a matter of course often with unfounded allegations of fraud.
Mr P received an offer of £3,300 from the insurers for his whiplash injury, but Bott & Co were able to secure over £5000, a 51% increase.
We’ve put together a simple, easy to read guide to help you understand in simple terms what you may be entitled to should you suffer from a whiplash injury.
Whiplash symptoms can vary from person to person depending on the precise circumstances in which the injury occurred. Most common whiplash symptoms include headaches, neck pain, opera or lower back pain, dizziness, difficulty sleeping, and even pain or discomfort in the arms and legs.
The symptoms can come on very quickly or they may take a few days to develop following an accident.
What Compensation Can I Claim For?
Whiplash compensation amounts are broken down into two areas. General damages are calculated based on the seriousness of the injury and the effect it may have on your life. Special damages cover your out of pocket expenses. The total of both of these amounts makes up your total compensation amount.
General damage amounts are determined by the Judicial Studies Board (JSB) guidelines. Special damages amounts are made up of out of pocket expenses such as
Hospital visits and parking
Loss of earnings or bonus
Cost of any treatment for prescriptions
Additional household costs
Help or care while you are recovering
There may also be other costs you incurred as a result of your whiplash injury that we can recover from the other side.
Because of the wide range of compensation for whiplash injuries depending on the severity, and for the additional costs involved, it is our job to negotiate with the insurers on your behalf to get the best offer of settlement.
Average Claim Amount For Whiplash
Most whiplash injuries where there is mild discomfort or headaches, can last just a few days or weeks. These cases can settle on average for between £1,000 to £2,750 while severe whiplash with on-going symptoms and damage to the spine can entitle you to as much as £97,500.
For more serious injuries the amounts are considerably higher. In 2010 Mr. P was offered £3,300 by the insurers for whiplash related injuries. However with our highly skilled solicitors on the case we won £5,000 to cover the injuries and ongoing support for Mr. P
Calculate how much you could claim
Your claim could be worth considerably more when taking into account out of pocket expenses such as loss of earnings, medical treatment, and ongoing care.
Exact amounts can only be confirmed once case is reviewed in detail by one of our legal team.
We all pay car insurance to cover the times that we need financial help for injuries and other out of pocket costs incurred as a result of an accident on the road. You shouldn’t feel bad or awkward about claiming what the law says is rightfully yours, despite what insurers and the media want you to believe.
Nor should you be reluctant to use an experienced law firm such as Bott & Co to handle your claim. Insurance companies regularly try and ‘under settle’ claims against them. This means they will offer you less money than your injury may have been independently valued at (see table below) or they will try and settle before your injuries have healed.
The Claims Process
If you think you have whiplash or related injuries after being in a car accident even if it’s a mild whiplash, the law says you are entitled to financial compensation because of the pain and suffering you have experienced.
Road Traffic Accident Compensation: Steve's StoryBott & Co discuss the options available to passengers when considering claiming flight delay compensation
Contact us today to start the claim process with one of our lawyers and we will assess your claim and give you an indication of what amount of compensation you can expect to receive.
As a top 200 law firm and one of the very best personal injury specialists in the UK, we make the claims process easy for you. We are bound by strict regulation through the SRA unlike claims management companies, and you benefit from full solicitor-client confidentiality. We don’t pass your details on to any other company and our only concern is to make sure you receive the best offer from the other side.
You will deal with one lawyer throughout your claim and they will present your claim to the third party insurers after spending time with you going through the details of the accident, injury suffered, and costs you’ve incurred.
They will assess the relevant medical records and seek expert medical advice and your particular injuries. If necessary they will prepare and issue court proceedings on your behalf and we will instruct barristers to represent your case in court. It is unlikely that the case will get that far as most settle out of court but we have the very best resources available if needed to fight your case all the way.
A No Win No Fee Service
We always offer you a no win no fee service for any whiplash claim. No win no fee is also known as a Conditional Fee Agreement (CFA) and this means we agree to work for you on the basis that we won’t charge any fees if in the rare instances the claim is not successful.
This means you have no financial risk to making a claim and it enables us to help you receive justice. We also purchase an After The Event (ATE) insurance on your behalf to cover any legal costs should you not win the case. However, if you have an existing legal expenses insurance policy such as one included in your car insurance, then you won’t need an ATE policy. Whatever your particular circumstances, we will advise you on how to protect yourself against any costs and how we will recover the best possible compensation amounts from the other side.
Throughout this process you have no financial risk as we cover all upfront costs and if the case does go to court we recover the costs from the other party. We win 99% of all our cases but in the small chance we were unsuccessful, our no-win no-fee guarantee protects you from any costs.
We help people like you every day get back on the road to recovery after suffering whiplash injuries. Whether it’s a mild whiplash or something that takes years to heal our experts solicitors know how to value your claim to get the best offer from the insurers and we make sure our claims process is quick, so you can be paid in as little as a couple of months.
Table Of Average Whiplash Claim Amounts
Part Of Body
Min – Max Amount
£214,300 to £307,000
These amounts are for people who have been left so badly disabled by brain damage they display little or no response to the outside world. This includes people who have fallen into a vegetative state and need full-time nursing care.
£11,600 to £214,300
If you’ve suffered serious physical symptoms (like limb paralysis) or a significant change to your intellect or personality as a result of brain damage, these compensation amounts could apply to you.
£1,600 to £9,700
If you’ve suffered a head injury that didn’t result in brain damage, you’re likely to be awarded these amounts depending on how severe the injury itself was and if you have any lasting symptoms (like headaches).
£80,500 to £204,200
If your injury has left you completely blind, or has blinded you in one eye and left you with seriously reduced vision in the other, you could be entitled to compensation in the region of £204,200.
£6,900 to £50,000
These amounts could apply to you if you have lost an eye, have lost sight in one eye or have suffered some (but not total) visual impairment.
£1,650 – £6,700
If you’ve suffered an injury to your eye that caused some pain or a temporary problem with vision (for example exposure to fumes), these amounts could apply to you.
£68,950 to £107,500
For people who have become totally deaf as a result of their injury. If you suffered your injury as a child and this has resulted in you losing your ability to speak, you could be entitled to over £100,000
£23,850 to £34,650
If you have lost total hearing in one ear, these amounts apply to you. How much you could receive will depend on whether there are any other symptoms (like dizziness).
£5,300 to £34,650
amounts can apply to people who suffer from partial hearing loss or mild to severe tinnitus
£13,700 to £74,500
If you have suffered from facial disfigurement or scarring, you could be entitled to these amounts depending on how seriously you have been affected. Men can receive less money for facial disfigurement than women with the same injury.
£1,770 to £28,950
If you have suffered from a facial fracture (for example a broken nose or jaw) you could be entitled to these amounts, depending on the severity of your injury. These amounts also apply to broken / damaged teeth.
£1,290 to £2,670
You could be entitled to these amounts if you suffered a facial injury that didn’t include broken bones, and left only very light or no scarring.
Part Of Body
Min – Max Amount
£34,570 to £112,800
These amounts usually apply to people with neck injuries that seriously affect movement of one or more limbs, or who have little or no ability to move their neck years after the incident.
These types of injuries often involve fractures, damaged disks, dislocations or severe soft tissue damage.
£29,300 to £42,500
For people who suffer from fractures and dislocations that require surgery.
If you suffer with permanent pain, discomfort or stiffness that limits your usual activities, these amounts could apply to you.
£1,850 to £6,050
These amounts apply to you if you have suffered soft tissue and whiplash injuries but have recovered within two years of the incident.
The amount you receive for whiplash type injuries can vary depending on: the severity of the neck injury, the level of pain you are in and for how long and whether or not your neck injury restricts your ability to work/take part in your usual activities.
£29,450 to £122,300
These amounts would cover a back injury (usually requiring surgery) that has damaged the spinal cord, leading to serious consequences such as: partial paralysis, loss of bowel/bladder function and psychological issues.
£9,450 to £29,500
If you’ve suffered a back injury that has left you in constant pain or discomfort (often because of disturbed ligaments or soft tissue injuries), you could be entitled to these amounts.
The exact amount of compensation will be worked out based on how much pain you’re in, the severity of the original injury and the treatment you have received/might need in the future.
£300 to £9,450
These types of injuries include less serious strains, disc problems and soft tissue damage. How much you are awarded would be affected by the severity of the original injury, the treatment required and any long-term effects.
£9,750 to £36,450
These amounts are usually associated with neck injuries resulting in significant disability.
You may suffer from pain in the neck, shoulders and elbows, leading to restricted movement.
£6,050 to £9,750
If your injury has resulted in you having ‘frozen shoulder’, or soft tissue damage causing pain and discomfort lasting around two years, these compensation amounts could apply to you
£300 to £6,050
If you have suffered pain from a soft tissue injury lasting a few months to two years, but have eventually had a full recovery, you could be entitled to this amount.
Pelvis and Hips
£29,800 to £99,550
These amounts can be awarded to people with severe hip or pelvis fractures that have led to bowel damage or have required a spinal fusion.
The amount awarded depends on any long-term effects (such as impotence or complications with child-birth) and whether or not you are likely to have to have more hip/pelvis surgery in the future.
Pelvis and Hips
£9,550 to £29,850
If you have suffered an injury that required a hip operation / replacement (or may lead to you requiring one in the future), but are unlikely to suffer from any serious disability as a result, these amounts apply to you.
Pelvis and Hips
£3,000 to £9,580
If you have suffered from a hip or pelvic injury, but have completely (or almost completely) recovered within two years of the incident, you could be entitled to this amount of compensation.
The figures are taken from the Case Law on general damages in personal injury cases. Amounts may change without notice and figures should not be considered as exact.
Although the compensation amounts in this guide may seem relatively low – they are only the amounts that are awarded for the injuries themselves.
For serious injuries, we also recover compensation to cover additional costs that arise as a result of your accident, including; loss of future earnings, a lifetime of care and treatment, help with chores, medication, state-of-the-art prosthetic limbs and custom built accommodation. Depending on the seriousness of the injury, this can lead to you being awarded up to millions of pounds.
Bott and Co Solicitors Ltd is a Private Limited Company registered in England and Wales with registration number 8615712. Registered office and principal place of business St Anns House, Parsonage Green , Wilmslow, Cheshire, SK9 1HG. Bott and Co Solicitors Ltd is authorised and regulated by the Solicitors Regulation Authority, SRA Number 605593. The professional rules of the SRA can be accessed at here. Bott and Co Solicitors Ltd is an alternative business structure regulated by the SRA. The shareholders of Bott and Co Solicitors Ltd have an interest in S & G Response Ltd and Physio2MeLtd (P2M). The shareholders of Bott and Co Solicitors Ltd and some of the employees of Bott and Co Solicitors Ltd have an interest in Pinpoint (Call Solutions)Limited. The interests in S & G Response Ltd, Physio2Me Ltd and Pinpoint (Call Solutions)Limited have no influence upon Bott and Co Solicitors Ltd's independence and integrity. If you have any queries please contact us for more information.
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