Whiplash has been in the news a lot recently with many tabloids and media organisations making unfounded comments about the effect that this injury has on people. Unfortunately, it is this type of advertisement that can make people very wary and uncomfortable when thinking of claiming for whiplash, but this should not be the case- whiplash can be incredibly debilitating and can affect people severely; especially if they are already suffering from a pre-existing condition.
Of course any settlement that you will receive following a claim for whiplash will come down to your medical evidence and your personal circumstances as everyone will be affected differently. For example; someone who is employed in a position that involves heavy labour may not be able to return to work as quickly as someone who has an office job- meaning that they will suffer greater financial loss because of the injury and therefore will wish to claim further special damages for loss of earnings. No solicitor should be able to confirm to you at the beginning of a case what you definitely will get, and although we get many people asking we will always advise the same; settlements are different in every single case (sometimes even if it is just by 1p) and therefore it will come down to YOUR medical evidence and YOUR circumstances.
However, to give you an incredibly rough idea solicitors use something called the JC guidelines and these are incredibly wide categories that try and place your claim in a “category”. The ones relevant to whiplash are as follows:
- Minor Neck Injury – Where symptoms are moderate and a full recovery takes place within a few weeks to 2 years: £875.00 – £5,150. Please note that if your claim is considered to be worth below £1,000 we may not be able to assist on a No Win No Fee basis as this would fall into the small claims procedure.
- Moderate – Whiplash injuries that are more severe resulting in things such as spondylosis, limitation of movement, recurring pain and increased vulnerability to further trauma. In this category claims including exacerbated or accelerated conditions will also be considered. £5,150 – £15,000
- Severe – These cases can include paraplegia, permanent spastic quadriparesis, permanent damage to the brachial plexus etc. These cases are incredibly complex and the guidelines state £15,000 – £97,500.
These guidelines are for the general damages side of your claim and therefore you will be entitled to claim special damages in addition (these are consequential losses arising from your claim). Therefore understandably this is why claims that fall into the “severe” category can be worth millions as there are future losses to be considered.
On average whiplash claims settle for around £2,500 but this should not be taken as a guarantee as, as illustrated above, it all depends on the individual diagnosis and evidence supporting this.
Unfortunately, insurers often try to settle claims prior to medical evidence being obtained which is completely ludicrous as the medical evidence would place you in the appropriate category! So it is always best to speak with a personal injury specialist like ourselves to ensure you receive just what you are entitled to!
