What Is The Minimum Payout For Whiplash?
By Stephen Moreau. Last Updated 29th November 2023. If you have suffered an injury in a road traffic accident, you might be wondering, ‘How much compensation for whiplash can I claim?’. As every claim is calculated on a case-by-case basis, finding out the average whiplash payout may not be beneficial to you. However, this guide looks at factors considered when compensation is calculated and what settlements could include following a successful claim.
We also look at the Whiplash Reform Programme, which came into effect on the 31st of May 2021 and what types of claimants may be affected by the changes brought in to the way certain road traffic accident claims are made.
If you meet the eligibility criteria to make a claim, you may wish to have the support of a solicitor. This guide concludes with a look at how a solicitor can provide their legal services under the terms of a No Win No Fee agreement.
To find out if you are eligible to claim for whiplash or another type of neck injury, get in touch with an advisor from our team. One of our advisors can discuss what criteria you must meet in order to have valid grounds to claim.
To speak with a team member:
- Fill in our ‘claim online’ form and a member of the team can call you back.
- Connect using our live chat.
- Call 020 3870 4868
Services And Information
- Whiplash Injury Compensation
- What Is The Whiplash Reform Programme?
- When Could I Claim Compensation For Whiplash?
- What Is The Time Limit For An Average Whiplash Claim?
- Do I Need Evidence To Claim For A Neck Injury Such As Whiplash?
- Compensation For Whiplash – Get In Touch To Claim With A No Win No Fee Solicitor
- Other Information
If you are eligible to claim for a whiplash injury, then you may have questions such as “What is the average UK whiplash payout figure?” or “Is there a minimum payout for whiplash?” Compensation for a whiplash injury can be made up of two heads of damages, which are called general damages and special damages.
General damages compensates you for the pain and suffering you’ve experienced due to the injury you’re claiming for. Those valuing your claim for general damages may refer to the Judicial College Guidelines (JCG), as this document provides compensation guidelines for different injuries. In the table below, we have used some of the figures lsited within the 16th edition of the JCG, apart from the top entry. These are only to be used for guidance.
Furthermore, the last two entries have been taken from the tariff found within the Whiplash Injury Regulations 2021. These are fixed amounts.
|Multiple Serious Injuries Plus Special Damages||Your compensation payout could cover several serious injuries plus special damages, which may include loss of earnings.||Up to £500,000+|
|Back Injury - Severe (i)||This bracket includes the most severe injury that involves spinal cord and nerve root damage.||£91,090 to £160,980
|Neck Injury - Severe (i)||Injury of the neck associated with incomplete paraplegia or one that causes permanent spastic quadriparesis.||In the region of £148,330
|Neck Injury - Severe (ii)||Serious fractures or damage to discs in the cervical spine, which leads to considerable disabilities.||£65,740 to £130,930
|Neck Injury - Severe (iii)||Fractures or dislocations or severe damage to soft tissues and/or ruptured tendons. These might lead to chronic conditions and cause permanent and significant disabilities.||£45,470 to £55,990
|Neck Injury - Moderate (i)||Fractures or dislocations which cause severe symptoms immediately. A spinal fusion may be required.||££24,990 to £38,490
|Neck Injury - Moderate (ii)||Soft tissue or wrenching-type injury and disc lesion of the more severe type causing several issues with mobility.||£13,740 to £24,990
|Neck Injury - Moderate (iii)||Injuries which may have accelerated and/or exacerbated a pre-existing condition by around 5 years.||£7,890 to £13,740
|One Or More Whiplash Injuries||18-24 months||£4,215|
|One Or More Whiplash Injuries With One Or More Psychological Injuries||18-24 months||£4,345|
You may also be awarded special damages as part of your compensation settlement. This compensates for the financial losses or expenses caused by your injury. Some examples may include:
- Care costs for at-home home care you have needed.
- Lost earnings due to taking time off work to recover.
- Medical expenses, such as paying for over-the-counter pain relief.
Providing evidence of these losses with documents such as payslips and receipts could help support your claim.
For more advice on how much compensation for whiplash may be awarded to you, speak to our advisors for a free claim valuation.
Claiming For Whiplash – Could I Be Awarded Special Damages?
In the previous sections, we have shared how to claim for whiplash through the government’s official online portal. We also shared how much compensation for whiplash you could receive when making a claim in line with the Whiplash Reform Programme.
The table in the previous section relates to how much compensation you could receive in general damages for a personal injury claim. However, when claiming for whiplash from a car accident, your compensation settlement could also include special damages. Special damages aim to compensate you for the financial losses you have suffered due to your injury, such as:
- A loss of earnings due to having to take time off work.
- Medical costs, such as having to pay for physiotherapy.
- Travel expenses, such as having to take taxis to your medical appointments.
You will need to provide evidence of these losses to claim them back under special damages. Evidence could include receipts, bank statements and invoices.
Contact one of our advisors today if you have any questions about claiming for whiplash. If they believe that you could be eligible for compensation, they could connect you with an experienced solicitor from our panel, who could help you with your claim.
From 31st May 2021, the Whiplash Reform Programme will take effect across England and Wales. The reforms apply to low-value personal injury claims from road traffic accidents and include whiplash injuries.
As with all claims for road traffic accidents, if you are seeking compensation for whiplash, you will need to prove that you suffered your injuries due to another road user breaching their duty of care. The way you make your whiplash claim may have changed if you meet the following criteria:
- You are 18 or over.
- The road traffic accident that caused your injuries occurred in England or Wales.
- You were injured as a passenger or driver of a vehicle.
- The injuries you suffered are valued at £5,000 or less. This includes injuries such as whiplash and minor soft tissue injuries.
Furthermore, your whiplash injuries will be valued in line with the tariff in the Whiplash Injury Regulations 2021. These are fixed amounts, and have provided examples of these figures in a table in a previous section in this guide. Any additional injuries you have suffered that are not covered by this tariff will be valued traditionally.
Get in touch with an advisor from our team to find out more about whiplash compensation claims. They can help you if you are unsure which avenue to take when making your personal injury claim.
Now that we’ve discussed why we can’t offer an average UK whiplash payout, we’ll explain when you can make a personal injury claim. First, you must establish that you were owed a duty of care.
All road users owe each other a duty of care to navigate the roads in a way that prevents harm to themselves and others. To uphold this duty, they’re expected to follow the Road Traffic Act 1988, as well as the mandatory rules set out in the Highway Code.
However, a breach of duty of care alone is not enough to start a valid claim. In order to have good grounds to make a claim, you have to be able to illustrate that:
- You were owed a duty of care
- This duty of care was breached
- You were harmed as a result
This harm could include both physical and mental injuries. Later on in this guide, we’ll discuss how you can prove these points, but our team of advisors are available if you’d like to learn more about eligibility. They can evaluate your case for free and offer more information on compensation and the maximum and minimum payout for whiplash.
The time limit for an average whiplash claim is three years. This time limit is set out by the Limitation Act 1980, which outlines the time limits for different kinds of claims. This means that you must start your claim within three years of your accident.
However, in some cases, you may be able to make a claim outside of this three-year limit. One example of this is if you are under the age of eighteen when you are injured. In this case, the time limit is frozen until your eighteenth birthday. A litigation friend can start your claim for you at any point while the time limit is frozen, otherwise, you will have three years from your 18th birthday to start a claim.
The time limit is also frozen for those who lack the mental capacity to claim. However, in these cases, it is frozen indefinitely. A litigation friend can make the claim on their behalf. If a claim has not been made and they regain this mental capacity, they will have three years to start a claim from the date of recovery.
To find out if you are within the time limit to make a claim, contact our team. Or, read on to learn about compensation, and how much you could get for a whiplash claim made in the UK.
If you are seeking personal injury compensation, you will need to submit supporting evidence. This needs to prove your neck injury as well as liability.
Some examples of evidence that could prove useful in a road traffic accident claim include:
- The contact details of anyone who witnessed the accident so they can provide a statement at a later date.
- Photographs of the accident scene.
- A copy of your medical records which include information about the nature of your injury and the treatment you required.
- Videos of the accident, such as dashcam footage.
If you need any help obtaining evidence, please contact one of our advisors. In addition to free advice about what evidence you could submit, they can discuss the whiplash payout scale in the UK and answer questions such as ‘What is the minimum payout for whiplash?’
If you are eligible to make a claim for compensation for whiplash, you may wish to instruct a solicitor to work on your claim. One of the road traffic accident solicitors from our panel could help you. Typically, they provide their services under the terms of a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.
When a No Win No Fee solicitor supports your whiplash compensation claim, they generally don’t charge upfront for their services. They won’t ask you to pay any ongoing service fees either. Furthermore, you won’t be charged for their work on your case if you are not awarded compensation following an unsuccessful claim.
However, if your claim has a successful outcome, your solicitor will take a success fee out of your whiplash compensation. This success fee is a legally capped percentage.
To find out if you are eligible to make a claim, speak to one of the advisors from our team. If it seems like you have a strong case, they could pass you onto one of the solicitors from our panel.
To speak to an advisor:
- Fill in our ‘claim online’ form and an advisor will call you back.
- Call 020 3870 4868
- Use our live webchat feature.
For more information on whiplash injury claims, you can read the resources below:
- What To Do If A Whiplash Claim Is Refused
- This guide focuses on what to do if you are refused compensation you believe you are entitled to for a whiplash injury.
- When And How To Report A Car Accident
- Car accidents can be the cause of whiplash injuries. This guide explains when you should report being in a car accident and how to claim for it.
- A Guide To Slip And Fall Accident Claims In UK
- Slip and fall accidents are one of the ways in which a whiplash injury could occur. This guide provides more insight into what to do if you are injured by this type of accident.
- NHS Whiplash
- This page from the NHS website provides information on whiplash, including symptoms and treatment options.
- The Highway Code
- This code is essential reading for all road users. It outlines the duty of care that all road users have to one another.
- Slips and Trips- HSE
- The Health and Safety Executive has provided information and guidance on reducing the risks of slips, trips and falls in the workplace.
Thanks for reading our guide about the minimum payout for whiplash.