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Whiplash Injury Claims

The rules and regulations in relation to Whiplash claims changed on the 1st June 2021.

More about Whiplash Injury Claims

Whiplash has been defined in the statute as being an injury of soft tissue in the neck, back or shoulder namely a sprain, strain, tear, or rupture or lesser damage of a muscle, tendon or ligament except if it is part of or connected to another injury i.e. broken bone.

A medical expert will be asked to set out in a report which injuries are to be defined as Whiplash injuries and which are not. The Government has set fixed tariff awards for whiplash injuries. The amounts are as follows:

Whiplash Only Whiplash & PTSD
No more than 3 months £240 £260
More than 3 months but no more than 6 months £495 £520
More than 6 months but no more than 9 months £840 £895
More than 9 months but no more than 12 months £1,320 £1,390
More than 12 months but no more than 15 months £2,040 £2,125
More than 15 months but no more than 18 months £3,005 £3,100
More than 18 months but no more than 24 months £4,215 £4,345

Other Non-Whiplash Injuries

If you have sustained any other non-whiplash injuries, it is important you provide full details of these injuries.  The value of these injuries is not fixed by a tariff and you will be compensated for those injuries in addition to any whiplash injuries. The combined value of these awards will mean our costs will form a smaller part of the overall claim.

If the value of your claim exceeds £5,000, we should be able to recover at least most of our costs from the other party. The Judicial College guidelines list awards for non-whiplash injuries are as follows: -

Deafness/Tinnitus £8,650

Wrist sprain £4,310

Hand, finger, thumb £5,800

Ankle £6,710

Foot £2,900

These awards will vary up or down depending on the severity and duration of any symptoms.

If you suffered from whiplash injuries or other injuries that were caused in a road traffic accident or by the fault of another person, please contact our Personal Injury Whiplash Solicitors for a free consultation. When we know the details about how your whiplash injuries occurred, we can advise you in relation to the prospects of success and the timescales for settlement. We offer a No Win, No Fee arrangement to pursue your personal injury claim.

Can You Claim For Whiplash?

Can You Claim For Whiplash?

Forbes Solicitors can help you claim for whiplash you have sustained in an accident that wasn't your fault, as long as it has happened in the last three years. If successful, your whiplash compensation usually comes from the insurance policy of the other party involved.

Recognition for our work

Whiplash Injury Claims FAQs

How to claim for whiplash?

  • Step 1 - Exchange details with all parties involved

  • Step 2 - Gather evidence of the incident using photographs and even contact details of witnesses

  • Step 3 - Seek medical attention as soon as possible and the medical records of your injury will also be used as evidence

  • Step 4 - Seek legal advice. On the basis that your whiplash claim is accepted by our solicitors, we will then file a claim to the third party's insurance company on your behalf. Once an admission of liability is obtained, we will then arrange a medical appointment with one of our specialist panel experts to prepare a report detailing the injuries you have sustained. On the basis of the information in that report, we will value your claim and arrange for you to attend to any rehabilitation recommended.

How Much Can You Claim For Whiplash?

Details are set in the table above. If your symptoms last longer than 2 years, the amounts increase in line with a guide called the Judicial Studies Board Guidelines, which helps us to assess how much compensation should be awarded to you. Other injuries, non-whiplash injuries, Tinnitus, wrist, hand, finger thumb, ankle or foot sprains are calculated in a similar way and are compensated in addition to the fixed Whiplash tariff injuries. We will negotiate a settlement on your behalf with the third-party insurers or solicitors. Once your whiplash injury claim is settled you will receive your compensation. It also important to keep a note of any out-of-pocket expenses you have incurred as a result of your accident as these can be claimed back from the insurers also. They may include such things as lost earnings, policy excess, prescription or medical expenses and travelling expenses.

Is There A Time Limit For Claiming Whiplash?

It is important to note that there are strict time limits for making a personal injury claim for whiplash. It is necessary to start whiplash claims within three years of the date of the accident, otherwise, you will not be able to make a claim.

How Much Will It Cost Me To Make A Claim?

We accept cases on a No Win No Fee basis.

Providing you follow our advice we will not charge you if your case fails.

OUR FIXED FEE CHARGES – for injury claims worth less than £5,000

If you instruct us to run your claim, you will not be able to recover the costs of doing so. We will assist in running your claim to the settlement stage for a fixed fee. In addition to this we should be able to recover the costs of obtaining a medical report and any other reasonable expenses to prove your losses. We call these disbursements.

If we cannot agree settlement of the claim with your opponent and it becomes necessary to issue court proceedings, either because we advise you their offer is too low, or the insurers dispute liability, there will be additional costs payable to cover the costs of issuing and running the court proceedings. We will advise you of your options at that stage.

OUR CHARGES – for injury claims worth more than £5,000

If you have suffered other injuries over and above a whiplash injury, and/or your claim is worth more than £5,000. Assuming your claim is successful, we should be able to recover most of our costs from the other party.

The only deduction from your damages would be our success fee and any shortfall in costs incurred, over and above the fees we recover from your opponent. We guarantee, that providing you have followed our advice, you will always recover at least 70% of the value of your claim.

OUR CHARGES – if the claims relate to a child or a person without capacity

If the claim relates to a child or a person who does not have the capacity. We will not charge a success fee. Providing you follow our advice, we will limit our fees to those recoverable from your opponent

CLAIMS WHERE WE CAN RECOVER OUR FEES – if the injury is worth less than £5,000

We can recover most of our fees from your opponent if you are a “vulnerable road user”. Namely a:-

1. Motorcyclist or pillion passenger

2. Cyclist

3. Pedestrian

4. Horse rider

5. Using a mobility scooter at the time of the accident

6. A child or a Protected Party (a person under a disability without capacity to make financial decisions)

Other exceptions include -

1.  An undischarged bankrupt

2. The Claimant or Defendant is deceased

3. The Defendant’s vehicle registered outside UK

Our dedicated Personal Injury team

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Partner, Personal Injury

John Bennett

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Partner, Clinical Negligence

Leonie Millard

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Partner, Personal Injury

Robin Bower

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Please note that our offices will be closed from midday, Friday 20th December 2024

The offices will be open as usual on Monday 23rd December 2024.

The offices will then be closed from Tuesday 24th December through to Wednesday 1st January (inc), reopening as usual from 2nd January 2025.

The emergency contact number during this time is - 01772 220022 or 01254 675050.