Whiplash FAQs: A guide to what is whiplash and whiplash compensation

A whiplash injury can cause pain, suffering and impact your day-to-day life by limiting your movements. Almost all whiplash cases are caused by road traffic accidents, and if you were not at fault, you might be able to claim whiplash compensation. If you have suffered a whiplash injury, then Graysons’ team of personal injury solicitors in Sheffield and Chesterfield may be able to help you claim compensation on a no win no fee basis. If you are interested in making a whiplash claim, then keep on reading. Here our Sheffield and Chesterfield solicitors answer some of the most frequently asked questions regarding whiplash, including what is whiplash and how to claim compensation for whiplash after a car accident.

What is whiplash?

Whiplash refers to an injury to the neck caused by a sudden movement that jerks the head forward, backwards, or sideways, resulting in  the muscles and soft tissues in the neck being  stretched beyond their usual capacity. Whiplash is most frequently caused by road traffic accidents, for example, a vehicle being hit suddenly from behind or by a vehicle coming to an abrupt stop. Whiplash can also be caused by a fall or sudden blow to the head. Whatever the cause of a whiplash injury, if you were not at fault, you may be able to make a personal injury claim.

What are the symptoms of whiplash?

The symptoms of whiplash include neck stiffness, pain around the neck area, and headaches. Additionally, symptoms may also include difficulty moving your head, pain and muscle spams in the arms and shoulders, as well as experiencing pins and needles. Taking pain killers and continuing with your day-to-day activities can help ease symptoms and aid the healing process. However, if you continue to suffer from severe pain or symptoms get worse, you should contact a doctor immediately as the whiplash may have caused damage to the nerves in your back or neck. Treatment includes stronger pain killers coupled with physiotherapy and psychological support.

How long does whiplash last?

How long does whiplash last is a common question. NHS guidance states that whiplash typically lasts up to three months. However, the length of time it takes to recover will depend on the severity of the accident and your injuries.

Who is at fault for whiplash?

Fault for whiplash will be with the negligent party. This is often the driver at fault in road traffic accidents, with claims being made through the negligent driver’s car insurance company. If you are suffering from whiplash sustained in a road traffic accident that was not your fault, then you will likely be able to claim whiplash compensation. Our team of personal injury solicitors in Sheffield and Chesterfield will be able to assess your claim and let you know whether it is likely to be successful or not.

How long off work with whiplash?

The length of time you may have to be off work with whiplash will depend on the severity of your injuries as well as the type of work that you do. According to the NHS, symptoms typically ease within two to three weeks, allowing you to return to work.

How much compensation can I claim for whiplash?

How much compensation can I claim for whiplash is one of the most frequently asked questions put to our solicitors in Sheffield and Chesterfield.  The Civil Liabilities Act 2018, which came into force on 31 May 2021, restricts whiplash compensation between £240 and £4,345 to help prevent fraudulent whiplash claims. The amount of compensation you receive within this monetary range will depend on the extent of your injuries, your pain and suffering and your financial losses.  In addition, the Civil Liabilities Act allows for  a 20% uplift of the tariff to be claimed in “exceptional circumstances.” However, there are exemptions to the provisions of the Act, including for children, those who lack mental capacity, cases where the claimant or defendant is deceased, vulnerable road users, such as horse riders and cyclists, and cases where the defendant’s vehicle is non-UK registered. In these cases, the small claims limit is £1,000 for general damages. Graysons’ team of personal injury solicitors in Chesterfield and Sheffield will be able to assess your claim and advise how much compensation you are likely to get.

How do I claim whiplash as a passenger?

If you have sustained whiplash as a passenger in a road traffic accident, you can make a claim in the same way as a non-fault driver. Contact our team of Sheffield and Chesterfield  solicitors. They will assess your whiplash compensation claim and work on your behalf on a no win no fee basis.

How long should a whiplash compensation claim take?

If you are wondering how long a whiplash compensation claim takes, the average time is around four to six months. However, each claim is individual and more complex claims, or where negligence is disputed, may take longer. Working with an experienced personal injury solicitor can help expedite the claims process and ensure you the very best outcome. If you have sustained a whiplash injury through no fault of your own, then contact our team of Sheffield and Chesterfield solicitors today.

How can I claim for whiplash after a car accident?

If you are wondering how to claim for whiplash after a car accident, your first step should be to contact an experienced personal injury solicitor. If you have sustained a whiplash injury during a car accident, ensure that you have the negligent driver’s insurance details. Taking images of the accident location and vehicle damage  can  help strengthen your case. You will also need a medical report outlining your injuries.

How do I prove I have whiplash?

In order to make a successful whiplash claim, you will need first to prove that you have a whiplash injury. Therefore, you will need to see a doctor and obtain a medical report that outlines the extent of your injuries. Whiplash is often diagnosed via a physical examination. Your personal injury solicitor can arrange this for you.

Can a whiplash claim be refused?

Yes, just like any claim, a whiplash claim can be refused. Often this is due to insufficient evidence, including medical evidence  that you are suffering from a whiplash injury or, in the case of road traffic accidents, that you were not at fault. An experienced whiplash compensation solicitor will be able to assess your claim and ensure that you have all the necessary evidence  in place.

How can Graysons’ solicitors in Sheffield and Chesterfield help?

Our solicitors in Sheffield and Chesterfield boast decades of expertise and can help you successfully make a whiplash compensation claim. Our team are Legal 500 recommended, giving you peace of mind that your whiplash compensation claim will be handled with the utmost professionalism and expertise. Contact us today.