If you have suffered whiplash in an accident, first and foremost we would like to wish you a speedy recovery. Whiplash compensation is calculated based on the extent of one’s injuries, and how those injuries have and will affect the victim’s life. In all cases, the worse the injuries are, the more profound the effect of those injuries on the victim’s life, then the more compensation is going to be awarded to the victim.
Determining a fair pay-out
Any compensation amount put forward to the other side must be fair and proportionate to the extent of the victim’s injuries and how those injuries have and will affect their life. To prove these factors, a solicitor will collect medical evidence. To do this, they need your permission to comply with the Data Protection Act 1998. You will sign a consent form, and with that, your solicitor will be able to access any relevant medical records.
In addition to this, you will also need to attend a medical examination. This will be set up by your solicitor, and it may take place at a hospital, local GP’s office or your home, if you are unable to attend an examination for physical reasons. The examination will usually take place 2-3 weeks into the claims process and at most it lasts an hour. The examiner will ask you some questions about your injury, and they will ask you to move your head as best you can, and to rate the pain on a scale of 1-10. If you have not already done so, the examiner may also request an x-ray and an MRI scan, to assess any potential musculoskeletal or neurological injuries, so that a complete medical report can be generated.
Your whiplash will be graded on a scale of 1 to 4. Grade 4 whiplash is severe, grade 3 whiplash is moderate to severe, grade 2 whiplash is moderate, and grade 1 whiplash is minor. Most people fall into the grades of 1 – 2.
Compensation averages for whiplash
When you begin claim for whiplash, the solicitor you speak with should be able to provide you with an estimated pay-out. However, this will be an estimate only, and the settlement demand put forward to the other side will be based on the medical evidence described above. With that in mind, here’s the average pay-outs for whiplash grades:
- Grade 1 whiplash: Usually between £1,000 and £3,500;
- Grade 2 whiplash: Usually between £4,000 and £9,500;
- Grade 3 whiplash Usually between £10,000 and £18,000;
- Grade 4 whiplash: usually between £20,000 and £40,000.
The most severe cases can result in a pay-out up to £100,000, however such pay-outs are usually reserved for cases where there is spinal cord and nerve damage.