How To Claim For Whiplash

What's The Whiplash Claims Process?

If you’ve been involved in a road traffic accident and suffered whiplash, our experienced solicitors can guide you through the compensation process as quickly and efficiently as possible.

We’ll keep you updated every step of the way, using clear language, not legal jargon.

Although every claim will be different, depending on the exact nature of your injuries and the circumstances of your accident, the whiplash claims procedure generally follows the same four stages:

Stage One: Information Gathering

At this stage, we'll assess whether you could make a claim under a No Win No Fee* agreement, which means that you won't have to pay anything if your claim is unsuccessful. If you’re successful, most of our fees will be paid by your opponent, with the rest covered by your settlement.

We'll also assess the extent of your injuries. This involves referring you to a medical expert for an examination, and they'll determine the extent of your injuries, how they have impacted upon your day to day life, when you are likely to recover and any recommendations for treatment.

We’ll investigate the circumstances of your accident, and if liability is in dispute we may obtain a police report and witness statements.

Stage Two: Rehabilitation

We'll work out what medical support you need, and how we can best help you to access it. Treatment for more serious whiplash injuries usually involves painkillers and physiotherapy, so we'd also help you find a physiotherapist near to you.

Our commitment to the rehabilitation of our clients has seen us become seven-time winners of the Claimant Solicitor of the Year award at the Post Magazine’s Rehabilitation First Awards.

Learn more about how we can help you gain access to rehabilitation support.

Stage Three: Compensation

We'll work out how much compensation you'll need for your injuries, losses, and for any medical care and support you'll need.

The amount you receive will depend on a number of factors, including:

  • Your pain and suffering
  • Current and future loss of earnings from being unable to return to work
  • Medical expenses you have incurred as a result of your injury
  • Travel expenses you have incurred, either due to attending medical treatments, or due to loss of a vehicle
  • Your care and support needs – both now and in the future

The amount of compensation you receive will either be agreed with your opponent as a settlement, or determined through court proceedings. The majority of cases settle out of court, so going to court is rare. However, if you do have to go to court, our team will be there to support you.

Find out more about how much compensation you can claim for whiplash.

Stage Four: Conclusion

When your case concludes you'll be awarded compensation if you're successful. Our fees will mostly be paid by your opponent, with a portion of your compensation payments covering the rest.

If we agreed to handle your claim under a No Win No Fee* arrangement, then you won't have to pay anything if you were unsuccessful.

If you have any questions at all about the claims process, contact us on 0800 056 4110 for a free initial consultation.

How Long Will My Claim Take?

If your injuries are relatively minor, and your opponent admits fault early on, your claim could be settled in a matter of months. However, many factors can affect the time it takes for a claim to be completed – find out more about how long a whiplash claim takes.

The above information relates to the law in England and Wales.

* Subject to entering into a ‘No Win No Fee’ agreement in conjunction with our Allianz Litigate insurance policy and complying with your responsibilities under its terms.

All Scottish cases will be handled by the Scottish law firm with which we’re associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you’ll receive separate advice about what that means as well as a separate funding agreement.



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