Can I make a claim for Whiplash?

Whiplash injuries are caused when a person suffers from a sudden jolt to their head or body which damages the muscles, ligaments, tendons or other soft tissues in the neck.

When we hear the word ‘whiplash’ we automatically think of someone who has been involved in a car accident; however it can be caused by many different situations including slips, trips and falls, sports injuries and even assaults and attacks.

What are the symptoms of whiplash?

Whiplash symptoms can include pain and stiffness in the neck, pain in the shoulder, arms or back, headaches, muscular pain, spasms and reduced movement in the neck.

The symptoms of whiplash usually start around 6 to 12 hours after the accident happened, with additional inflammation and bruising taking 24-48 hours to develop.

The main symptoms of whiplash include:

  • Stiffness in the neck, making it difficult to move your head up and down, or side to side.
  • Upper and lower back pain.
  • Pain in the shoulders and arms.
  • Headaches.
  • Tingling or numbness in the arms.
  • Swelling and inflammation.
  • Dizziness and fatigue.
  • Nausea.

The above symptoms may also lead to other problems such as difficulty with sleeping, concentration and memory.

How long does it take to recover from whiplash?

According to the NHS, whiplash injuries tend to last for around 2-3 months. As the extent of the injuries are so varied, recovery time can take in excess of 3 months and in the worst cases, symptoms can last for over a year.

 

Minor Whiplash

If you have suffered whiplash due to a minor road accident, you may experience a couple of days of neck and upper back pain.

This can usually be treated by taking painkillers such as paracetamol or ibuprofen. Symptoms will typically ease off within 2-3 weeks.

Although many people think that the support of a neck brace will help to aid in their recovery, it is advisable to try to keep your head and neck mobile to give you the best chance of healing.

 

Chronic Whiplash

Chronic whiplash is the term used to describe whiplash symptoms that last for 6 months or longer.

Sufferers of chronic whiplash are likely to have been involved in a more serious accident, which caused greater trauma to the head, neck and upper body. Your GP may prescribe stronger painkillers such as codeine and physiotherapy may be needed to help aid recovery time.

The pain and discomfort caused by the long-term effects can also impact the victim’s mental health. It may be necessary to seek psychological support to help you to cope with handling your pain and lifestyle changes.

In some instances, the symptoms may never fully go away. Long term physiotherapy or rehabilitation may be required.

How to treat whiplash

Whiplash is an injury to the neck, caused by a sudden jolt of the head or body which leads to damages of the muscles, ligaments, tendons and other soft tissues in the neck.

Some minor whiplash injuries can be treated with rest and painkillers such as ibuprofen, whilst more major injuries might require rehabilitative treatment.

Whiplash is diagnosed through a medical examination by your doctor. Your doctor will carry out a series of tests on your head, neck and arms to check:

  • For tenderness in your neck, back and shoulders.
  • Your reflexes, strength and sensation in your limbs.
  • If certain movements cause discomfort and pain.
  • How much you can move your neck and shoulders.

The aim of whiplash treatment is to get you back to your normal way of life, through pain control and rehabilitation to restore the normal range of motion in your neck.

Your doctor will advise on a treatment plan that is relevant to the extent of your injuries. This may involve:

  • Pain management
  • Exercise
  • Physical therapy

 

Pain Management

In order to lessen your pain your doctor may prescribe or recommend any of the below treatments:

  • Over-the-counter medication: Paracetamol and ibuprofen can be used to help ease mild whiplash pain.
  • Prescription medication: If the likes of paracetamol or ibuprofen doesn’t ease your pain, your doctor may prescribe stronger medication such as codeine.
  • Hot or cold compress: Your doctor may advise that you should apply a hot or cold compress to your neck every 15 minutes, every 3-4 hours.
  • Rest: It is likely that rest will be advised for the first couple of days following the accident. It is however important not to indulge in too much bed rest as this may make your symptoms worse.

 

Exercise

Your doctor may prescribe a range of home exercises, including a range of stretches and movements to help restore your full range of motion in your neck. Types of exercises may include:

  • Tilting your head from side to side.
  • Bending your neck towards your chest.
  • Rolling your shoulders.
  • Rotating your neck in either direction.

 

Physical therapy

Physiotherapy

If you have ongoing neck pain, a course of physiotherapy may be recommended. A physiotherapist will be able to massage and manipulate your neck and shoulders to ease your pain. They will also be able to give you a series of home exercises to relieve your pain and symptoms.

Osteopathy

Osteopathy may be required to treat any issues with your nerves, joints and muscles in your neck, back and shoulders.

How much is the compensation for whiplash?

As of the 31st May 2021 the laws around claiming compensation for a whiplash injury have changed. The Civil Liabilities Act 2018 – commonly referred to as the ‘whiplash reforms’ was brought into effect for those who wish to seek compensation for a soft tissue injury to the neck, back or shoulder, sustained in a road traffic accident.

The key changes for claimants include:

  • A new fixed tariff of compensation, based on the length of time it takes the claimant to recover from their whiplash injury.
  • A new online portal, known as the Official Injury Claim portal, that will allow you to run your claim yourself.

Under the Civil Liabilities Act, the amount of compensation that you will receive is based on the length of time it will take you to recover from your injury. The tariff is split into two, with the upper tariff accounting for physical and minor psychological injuries suffered as a result of the accident.

 

View the whiplash compensation tariff

 

You may also be eligible to seek up to a 20% increase in compensation in ‘exceptional circumstances’.  This could include instances where you have suffered a severe whiplash injury which has had a strong impact on your loss of amenity.

What if I suffered an injury that is not whiplash?

If you have suffered an injury that is not whiplash (for example seat-belt bruising, or a soft-tissue injury to another part of your body), then the tariff will not apply to that part of your injury claim and you will receive your full compensation.  If you have suffered a whiplash injury and a non-whiplash injury, then you will receive the tariff amount for your whiplash injury and compensation for the non-whiplash injury.

What happens if my symptoms last longer than 24 months?

The new tariff values whiplash injuries which last for up to 2 years up to the value of £5,000. Therefore if you were still suffering due to a whiplash injury for longer than 2 years, your claim would be worth over £5,000, meaning that your claim would be exempt from the tariff.

Who is eligible to use the new Official Injury Claim portal?

You can use the new Official Injury claim portal to make a whiplash claim on your own behalf if:

  • The accident was not your fault.
  • You were either the driver or a passenger inside a vehicle.
  • You are aged 18 or over.
  • The accident happened in England or Wales.
  • The accident happened on or after the 31st May 2021.
  • The at-fault vehicle has a UK registration number plate.

You cannot make a claim through the portal if:

  • The accident happened in Scotland or Northern Ireland.
  • The accident happened before 31st May 2021.
  • You are aged under 18.
  • You were not travelling inside a vehicle when you were injured. For example claims involving: cyclists, motorcyclists, pedestrians, horse riders, mobility scooters.
Can I claim for out of pocket expenses?

The whiplash injuries tariff only applies to your physical and minor psychological injuries. It does not include out of pocket expenses such as loss of earnings, due to being unable to work as a result of your pain and suffering.

If your claim is valued at over £10,000, taking into account your pain and suffering, as well as any out of pocket expenses, your case will be handled outside of the portal and it is advisable to seek legal assistance to ensure your claim is dealt with properly.

Can I make a claim if I have suffered other injuries which aren’t considered as whiplash?

The Civil Liabilities Act defines a whiplash injury as a soft tissue injury or sprain, strain, tear, rupture or lesser damage of a muscle, tendon or ligament in the neck, back or shoulder.

Therefore, if you have suffered an injury that is not whiplash e.g. a broken finger, then the tariff will not apply. The amount of compensation you will receive will be calculated based on general and special damages.

General damages are calculated based on how serious your injury is and how long it will take you to recover.

Special damages are calculated based on your out of pocket expenses incurred as a result of the accident. These can include:

  • Loss of earnings.
  • Vehicle damage.
  • Damage to your possessions.
  • Prescription costs.
  • Medical care – rehabilitation, counselling and physio.

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