What is the average pay out for whiplash?

If you have suffered from a whiplash injury you will know that the lasting effects from it can be debilitating and can have a severe negative impact on your quality of life.

You may be asking if you are able to claim compensation and also how much money would you be awarded if you were to win your case?

If you are unable to work due to your injuries and are concerned about money then your Solicitor may be able to arrange for you to receive interim payments. These payments would be deducted from your settlement figure once it has been awarded. 

Can I claim compensation for whiplash?

In the United Kingdom if you have suffered from any injury, resulting from an accident that wasn’t your fault then you are legally entitled to compensation.

In cases where you are partly to blame for the accident you may still be able to raise a claim, although your settlement amount may be smaller. 

To raise a claim for compensation you need to start the proceedings within three years from the date of your accident. If the victim lacks mental capacity then the three year rule does not apply.

However, if the victim is a child there are two options.

  1. Either the parents or guardians can make a compensation claim on behalf of the child. The settlement will then be placed in a court trust until they reach the age of eighteen.
  1. However, if the child decides to wait the three years starts from the date of their eighteenth birthday. 

How much compensation will I be awarded?

There is no one set amount of compensation that is awarded for any one injury. Your settlement amount will be determined by your injury, the severity and your long term prognosis.

Typically the more severe your injury is and the longer the recovery time the more amount of money you will receive. Although there are no predetermined amounts, The Judicial College does set out guidelines to be followed. 

SeverityCompensation guidelines
Mild – Recovery within 3 months£300 – £1,950
Moderate – Recovery 3 months to 1 year£1,950 – £3,470
Severe – Recovery of two years plus£3,470 – £6,290

Compensation is split into two parts – 

  1. Special Damages – This is designed to help you recoup any losses that you have experienced as a result of your accident and is designed to put you back in the financial position that you would have been in before your injury. It covers – 
  • Loss of salary
  • Medical costs
  • Rehabilitation
  • Physical therapy 
  • Any at home care you need
  • Adaptations you need made to your home or vehicle.
  1. General Damages – This is to compensate you for your pain, suffering and loss of amenity. Loss of amenity means how your injury has affected the quality of your life. Pain and suffering relates to physical pain and also psychological pain. After a traumatic injury it is not uncommon for your mental health to suffer and this is taken into account. 

You will be awarded a separate amount for both categories, this will then be combined to become your final settlement amount. If you are unable to work due to your injuries and are concerned about money then your Solicitor may be able to arrange for you to receive interim payments. These payments would be deducted from your settlement figure once it has been awarded. 

NOTE: If your long term prognosis is not yet clear you may be advised to wait until your medical team has a better understanding of your injury. This is to ensure that you are awarded the right amount of compensation. 

If you are thinking about claiming for compensation then it is advised to seek legal advice as soon as possible. By working with a personal injury claims specialist they will have the knowledge and expertise to support you through the whole process. 

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