What is a whiplash injury?

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.

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 heal 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 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 do I make a claim for whiplash compensation?

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.

For whiplash claims in Scotland, or for severe whiplash claims worth more than £5,000, the previous process still applies, and it is strongly recommended that you speak to a specialist road traffic accident solicitor. 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.

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?

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 whiplash solicitors are highly ranked in independent legal guides, such as Chambers and Partners and the Legal 500, and many also hold APIL (Association of Personal Injury Lawyers) accreditation. We also pursue the vast majority of our severe whiplash cases on a No Win No Fee basis, so there is no financial risk to you.