Whiplash injuries can have serious and long-lasting effects. If you have suffered a whiplash injury in a road traffic accident, Slater and Gordon may be able to help you claim compensation. Most of our whiplash injury compensation claims are handled on a no win no fee basis – so there is no financial risk.
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The term ‘whiplash’ is used to describe an injury to the neck resulting from the sudden and rapid movement of muscles and ligaments due to the force of an impact. Describing this movement as whiplash is very accurate; imagine a whip suddenly ‘lashing’ back and forth and then imagine that happening to your neck.
Whiplash injuries are common in road traffic accidents, and it does not take a lot of force to cause substantial damage. Injuries can be caused at speeds as low as five to ten miles per hour.
Though often thought of as a minor injury, whiplash can have profound consequences. The pain can be severe, and damage to the region can cause significant mobility problems. Fortunately, these symptoms can often be treated relatively quickly, though in more severe cases, injuries can cause lasting or even permanent damage.
What are the symptoms of whiplash?
The first symptoms of whiplash usually appear a few hours after a car crash or fall. It may begin with feelings of stiffness or a burning sensation in the soft tissue around your neck and can also cause headaches.
Symptoms will generally develop and worsen over the next few days. This can lead to difficulties moving or turning your neck, as well as swelling or inflammation. Other symptoms can include dizziness and nausea, pain in the shoulders, arms or back, blurred vision and fatigue.
While some cases of whiplash may resolve on their own with time, it is strongly recommended that you visit your GP if you believe you are suffering from whiplash.
How long can whiplash last?
How long whiplash takes to heal can vary, depending upon the seriousness of the injury. In very minor cases, the pain and discomfort caused can heal on its own in a short space of time. In more serious cases, you may require physiotherapy to help the affected muscles and ligaments recover.
A medical professional may also advise other treatments, dependent on how significant the damage and pain are. For example, they may recommend pain relief or anti-inflammatory medication to help with any swelling or stiffness.
For severe cases, rehabilitation and treatment of the injury can take a prolonged period, and this can have considerable effects on your quality of life in the meantime.
What are the new whiplash claim rules?
In 2021, the government introduced the Civil Liability Act 2018 and the whiplash reforms, which changed the way in which whiplash compensation could be claimed in England and Wales.
It is important to note that these changes do not apply to Scotland.
It means that, in England and Wales, any claim worth less than £5,000 (which accounts for most whiplash claims) will now be pursued via a self-service portal called Official Injury Claim. It also means that for such claims, legal costs cannot be recovered from the party at fault. As a result, most law firms no longer handle small claims.
How do I make a claim for whiplash compensation?
In England and Wales, there are two processes for making a whiplash claim. Claims valued at less than £5,000 should now be self-submitted via Official Injury Claim. Unfortunately, Slater and Gordon no longer act for clients whose claims are valued in the small claims track, but our specialists would be able to identify this with you during the initial conversation and provide advice on your options.
For whiplash claims in Scotland, or for severe whiplash claims worth more than £5,000, the standard personal injury claim process still applies, and it is strongly recommended that you speak to a specialist road traffic accident solicitor to ensure you receive the full amount of whiplash compensation you deserve.
To help you with your claim, we’ll need the following information:
both your insurance information, and the insurance information of the other parties involved
photographs of the scene (if possible)
an injury report from your doctor, noting all injuries from the accident
You will also need to contact your insurance company and inform them about the accident. Once you have this information, the claims process can begin but depending on the nature of your injuries and the traffic accident, more information may be needed throughout the process.
Every whiplash claim is different, which means the amount of compensation you could be entitled to will depend on the circumstances of your case. This includes the severity of your injuries, the impact they have on your daily life, and the financial losses you’ve incurred.
Higher levels of compensation are awarded for more severe injuries, not only in recognition of the pain and suffering caused, but also because serious injuries tend to have more of an impact of your life. They often require longer recovery times, which means more time out of work, and can mean you require additional support or medical treatment.
When you start a whiplash claim, our experienced team will assess your case carefully to determine how much you could be owed. Call us on 0330 041 5869 or get in touch online to find out how much your claim could be worth.
How long does a claim take?
It's difficult to predict how long a claim for whiplash will take as every case is different. It depends upon the circumstances of the accident, whether the insurer of the driver you believe was at fault admits responsibility, and the extent of your injuries and how long your symptoms last.
If the insurer of driver you believe was at fault for the accident admits responsibility straightaway and your symptoms only last a few weeks, the process will be finalised quickly.
However, the insurer of the driver you believe was at fault for the accident may not admit fault and after several attempts to negotiate, your case may end up having to go to court for a judge to decide.
Your symptoms may also last longer than expected, at which point further medical evidence may be required. In these situations, your claim will obviously take longer.
Why choose Slater and Gordon’s whiplash injury solicitors?
At Slater and Gordon, we understand how difficult it can be to deal with the consequences of whiplash. Our friendly, expert team is on hand to provide legal advice and support for those experiencing severe whiplash, helping you to access to compensation – and rehabilitation – you deserve.
Our lawyers are among the best and most experienced personal injury lawyers in the country, consistently receiving high rankings from reputable independent legal directories, such as Chambers and Partners and The Legal 500
We pride ourselves on taking a holistic, collaborative approach to your road traffic accident claim, working closely with medical experts who can assess your injuries and determine the future care and rehabilitation you may require.
We are an award-winning law firm and have a dedicated team of road traffic accident solicitors to advise and guide you – no matter how complex your situation may be.
Affordability and advice
We're able to offer affordable expert legal advice and can provide guidance on all aspects of road traffic accident claims. Our Initial Consultation provides tailored advice on your situation giving you clear guidance and options regarding next steps.
Tailored advice
We understand that every claim is different – so we are able to provide tailored advice and guidance to suit your individual needs.
Local access
We are a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.
Speak to one of our road traffic accident solicitors today
Yes, you can claim for multiple injuries arising from the same accident. Whiplash often occurs alongside other injuries such as back pain, shoulder injuries, nerve damage or psychological symptoms like anxiety or sleep disturbance.
When making whiplash injury claims, it is important that every injury is properly recorded and medically assessed. Compensation is then calculated to reflect the overall effect of all injuries combined, rather than treating them in isolation. This ensures the claim fairly represents the full impact on your quality of life, ability to work and day‑to‑day activities.
At Slater and Gordon, we take a holistic approach to claims. We look beyond your immediate symptoms to understand how your injuries affect your recovery, wellbeing and future. This allows us to pursue the maximum whiplash compensation you are entitled to under the law.
Can I make a No Win No Fee whiplash claim?
Yes, you can. Many of the severe whiplash claims we pursue are funded by a Conditional Fee agreement, also known as No Win No Fee.
Under a No Win No Fee agreement, there are no upfront costs to starting a claim and, if your case is unsuccessful, you won’t need to pay any legal fees for service rendered. This means there is no financial risk to seeking compensation.
If your claim succeeds, a small success fee is deducted from your compensation. This will be clearly explained before your claim begins, so you will not be faced with unexpected costs.
To learn more or to start your whiplash claim, speak to our team on 0330 041 5869 or get in touch online to request a call back.
Will I have to go to court as part of my whiplash claim?
It’s very unlikely that you will need to go to court as part of making a whiplash claim. Most claims are settled outside of court through negotiation with the other party’s insurer once we have established liability and reviewed medical evidence.
Rarely, a claim may go to court if the other party disputes liability or we are unable to reach an agreement on a fair settlement. Even then, we will continue to negotiate with the other party, and many claims reach settlement before the final court hearing.
If your claim does go to court, your dedicated whiplash solicitor will explain what to expect and continue to represent you throughout the process. At Slater and Gordon, we aim to resolve claims as smoothly and efficiently as possible, minimising disruption and stress. Our experienced team will always act in your best interests and keep you informed at every stage.
Can I make a whiplash claim if I was a passenger at the time of the accident?
Yes, passengers injured in a road traffic accident can make a whiplash claim. If you were not responsible for the accident, you may be able to claim compensation from the insurance of the at‑fault driver. This could be the driver of the vehicle you were travelling in or another road user involved in the collision.
Being a passenger does not reduce your rights. You are entitled to the same consideration and compensation as a driver, provided the accident was not your fault. Passenger claims are common and insurers are well‑used to assessing them.
Our experienced whiplash injury solicitors can help identify the correct insurer, gather evidence and guide you through the process. To learn more, or to establish your full legal position, call us today on 0330 041 5869 or get in touch online.
Will I need to undergo a medical examination as part of my claim?
Yes, in most cases, an independent medical assessment of your injuries will be required to provide evidence to support your claim.
Your specialist whiplash solicitor will arrange the assessment on your behalf, which will be carried out by a qualified medical professional with experience in preparing medical reports for the court. It may take place in person or remotely, depending on your circumstances. The medical professional will assess your symptoms, medical history, and the way your injuries affect your daily life.
What should I do if I have suffered a whiplash injury abroad?
If you’ve suffered a whiplash injury abroad, you are still entitled to claim compensation for your suffering and expenses. However, the process of claiming could be different; for example, the time limit within which you have to start a claim may be shorter than three years.
It is always best to reach out to expert road traffic solicitors, who will be able to advise you on any differences in process and help ensure you get the right compensation. You can contact a member of our team by calling us on 0330 041 5869 or contacting us online.
Can I still claim for whiplash if the driver at fault wasn’t insured or can’t be traced?
Yes, you can. The Motor Insurers’ Bureau was set up to ensure that people who have been involved in a road traffic accident as a result of someone else’s carelessness are still able to access support in the way of compensation.
Claims to the Motor Insurer’s Bureau can be made by the claimant themselves (as a litigant in person) or can be pursued via a specialist road traffic accident solicitor, who will be able to support you throughout your claim.
Can I make a whiplash claim on behalf of someone else?
In some cases, it is possible to make a claim on behalf of a loved one. For instance, a parent or legal guardian can make a claim on behalf of a child under the age of 18, or a loved one may be able to make a claim on behalf of someone who lacks the mental capacity to pursue legal action themselves.
In these cases, the claim is brought by a suitable adult acting as a litigation friend. The court oversees the process to ensure the claim is handled fairly and in the injured person’s best interests.
If you are unsure whether you can claim for someone else, our leading whiplash injury solicitors can explain the rules, assess your situation and guide you through the necessary steps. To find out more, speak to our team on 0330 041 5869 or get in touch online.
Can a whiplash claim be refused?
Yes, a whiplash claim can be refused in certain circumstances. This may happen if there is insufficient evidence that the accident caused your injury, if the claim is made outside the legal time limit, or if liability cannot be established.
Claims may also be affected if injuries do not meet the legal definition of whiplash or fall below the thresholds set by reform legislation. However, a refusal does not always mean the end of the matter. Decisions can often be challenged with further evidence or legal argument.
Seeking advice early from an experienced whiplash injury solicitor can significantly reduce the risk of refusal. At Slater and Gordon, we carefully assess each case, provide honest advice and only pursue claims where there is a reasonable prospect of success.
How long does a whiplash claim take to settle?
It can be difficult to determine how long it will take a whiplash claim to settle, as each case will be different. There are several factors that can influence how long the process will take, including how quickly liability is accepted, how severe your injuries are, or if you recover as expected, among other things.
What happens if the other driver refuses to share their details?
If the other driver refuses to provide their details after an accident, or flees the scene without leaving their information, you may still be able to claim compensation.
Where possible, you should try to gather as much information as possible from the scheme, including vehicle registration numbers, photographic evidence (including images of any damage caused, the position of the accident on the road and any relevant road signage), and witness contact information.
You may also need to report the accident to the police, particularly if the other party cannot be traced or left the scene of the accident. A police incident report will be required if you wish to make a claim for compensation, which can be pursued through the Motor Insurers’ Bureau.
Really helpful and always on the other side of the phone if needed. Quick and easy service. Ashley
Everything is moving along quickly and smoothly. Good professional service I'm glad I chose slater and gordon Kenny Jackson
Excellent communication, in constant contact with the latest info regarding your case. David