Claim the compensation you deserve

Whiplash occurs when someone’s head is jolted back and forwards following a motor collision. This can be very painful for the individual affected and may result in restriction of movement in both the short and long term due to the stiffness caused, as well as potentially resulting in further neck and back injuries. 

If you've been affected by whiplash and are considering making a compensation claim, our dedicated whiplash claim solicitors can help you achieve the best result possible. Get in touch with us to see how we can help you claim compensation.

Who Can Make a Whiplash Claim?

If you suffered an injury in a road traffic accident that was not your fault, then you may be able to pursue a whiplash compensation claim. If you have been involved in a road traffic accident, any soft tissue injuries sustained could leave your body open to further trauma.

The severity of whiplash and other injuries can vary, and the amount of compensation you may expect to receive is dependent on the extent and impact of the injury in question. Road traffic accidents that have caused soft tissue injury with a full recovery expected within 12 months are generally considered to be the least severe, although they may well entitle you to compensation. Incidents resulting in injuries from which it will take multiple years to recover are some of the most severe. 

In practice, this means that you may require compensation to help cover the costs of rehabilitation and get back to normal life. Generally speaking, the most severe cases justifying whiplash compensation claims are those which have resulted in serious, ongoing, permanent or recurring issues (e.g. where surgery or long-term treatment is required). Depending on the case, a compensation claim may compensate you for the injury itself as well as helping you to recover loss of earnings and expenses.

What Do I Need to Know Before Making a Claim?

Understanding the nature of whiplash claims and the regulations surrounding them is vital in making an informed decision whether you wish to pursue a claim.

The standard time limit that applies to whiplash claims is three years, starting from the date of the incident. However, there are certain exceptions to this rule. For example, claims concerning children can be made at any time prior to their 18th birthday. You can still make a claim for an injury that occurred during childhood up until the individual reaches the age of 21. 

Motor accidents that occur abroad also bring along their own specific regulations. Having said that, you may still be able to make a claim if you have suffered a road accident in another country. The time limits surrounding the claim could be either longer or shorter than those imposed in the UK, so it's important to seek legal advice from a personal injury solicitor regarding your specific circumstance.

How to Claim Whiplash Compensation

If you're considering claiming compensation for whiplash, a specialist solicitor providing transparent and honest advice will be able to best advise you on how to proceed. Typically, a whiplash claim may take several months to be settled, although there are various factors at play in determining exactly how long it will take.

The severity of the injuries you sustained as a result of the road traffic accident will be a highly influential factor. Furthermore, the question as to whether or not the other party involved admits they were at fault will also have a large bearing on this time frame. Our legal experts will be able to advise you on any time frames specific to your case.

Start Your Compensation Claim Today

Our highly experienced team of whiplash solicitors has brought successful claims for a wide variety of cases and holds many decades' worth of practical experience. We have an in-depth knowledge of whiplash compensation claims and offer you expert advice and representation, securing the best possible result for you.

If you have suffered a whiplash injury following an incident that wasn't your fault, get in touch with our Personal Injury team directly on 0330 123 1229. Alternatively, send us an email via info@smithpartnership.co.uk or complete our contact form.

Contact our team today

To find out how our expert team of solicitors can help you, contact us today on 0330 123 1229, send us an email via info@smithpartnership.co.uk or complete our contact form.

FAQs

Yes, we will always offer you a free initial interview and free initial advice, even if we then conclude that for whatever reason we are unable to take up your case on a ‘no win no fee’ basis. It will therefore never cost you anything to seek initial advice from us and you have nothing to lose in doing so.

The first thing to do is to make sure that you have taken a note of the other driver’s full details, including their name and address, their registration number and their insurance details if possible. You should then notify your own insurers that you have been involved in an accident and you should contact your solicitor to seek legal advice at an early stage. As your insurer will advise, on no account should you admit liability for the accident at the scene, even if you think that it may have been your fault - you could be mistaken.

It depends upon the type of claim being made, but generally speaking, you should make your claim (or at least seek legal advice) as soon as possible. Claims under the 1975 Act should be made within 6 months of the date of a grant of representation being issued. Whilst there are no time limits for many actions in contentious trusts and probate disputes, there may be practical reasons why bringing a claim sooner rather than later is advisable, such as the estate being distributed, and the recipient beneficiaries spending it.

This varies considerably depending on several factors, including how cooperative the defendant and their insurers are, and whether they are prepared to admit liability for your claim at an early stage, but also depending on your recovery period and length of time that it takes to obtain the full medical evidence to support your case. On average, and depending on these factors, most cases take anything between six months and three years to conclude, although complex cases can take longer than this if they proceed all the way to a court hearing.

A success fee is the element of legal costs that we are entitled to charge if we win the case, to compensation us for having taken a risk that we would not be paid if we had been unsuccessful. It is the success fee that you are asked to contribute out of your compensation as we are no longer able to recover that element of legal fees from the defendant, even if we win the case, because of legal changes made by the government in 2013.

Your claim will cost you nothing at all if we are unsuccessful as you will be protected from having to pay any legal costs in those circumstances. If we are successful with your claim you will be asked to make a contribution towards your legal costs out of your compensation but this will be capped at no more than 25% and you will therefore recover at least 75%.