Over the last decade or so, whiplash injuries have become one of the most common – if not the most common – reason for personal injury claims in the UK. There are many potential reasons for that, from the increased number of cars and drivers on the road to, sadly, a tendency for people to make claims falsely or without substantiation.
As a trusted and well-established personal injury lawyer, we believe such practices should be clamped down on. But, on the flip side, we also believe it’s important for people to pursue a claim if all the evidence points to it being entirely valid. As with any personal injury claim, getting the full facts of the accident and injury are paramount.
So, we know that the overall UK picture points to significant increase in whiplash claims. But what of whiplash claims in Scotland? Or rather, more specifically, how much can anyone making a successful claim for whiplash in Scotland expect to receive as compensation? Well, although Scots law is distinct from the law in England and Wales, when it comes to whiplash compensation, compensation amounts are broadly similar.
Factors to consider
However, before we look at some figures that act as a good guide, it’s important to remember one key fact: there is no set amount of compensation for whiplash injuries. And there’s a good reason for that. Put simply, when establishing compensation a number of variable factors are taken into account which affect how much the victim receives.
- The severity of the pain suffered by the victim
- How long the victim has suffered pain – and how long they may continue to suffer
- How the injury has affected their ability to work and live as they did before the accident. For example, pursuing hobbies or carrying out day-to-day tasks.
- Any expenses or loss of income incurred as a result of the whiplash injury
These are broken down into special and general damages. Special covers loss of earnings plus expenses as a result of the injury. General brings medical evidence into play. And that is something your personal injury lawyer can advise you on in more detail.
A rough guide
But for now, as a quick guide, here are some of the approximate amounts of compensation commensurate with different levels of whiplash injury.
Minor whiplash injury – £850 – £2750
This pertains to injuries where recovery is made within a year of the accident
Minor soft tissue and whiplash injury – £2,750 – £5,000
This pertains to injuries which take up to two years to recover from
Protracted recovery with risk of complications – £5,000 – £8,750
This pertains to injuries that take up to a few years or more to recover from, but may also involve other physical complications.
Severe whiplash injury – £8,750 – £16,000
This pertains to severe injuries which result in chronic, recurring pain, limitation of movement and the possibility of surgery.
Be aware, these figures are based on current Judicial Board guidelines can only function as a rough guide.
To discover how much your accident could be worth, use our personal injury calculator to get an estimated compensation cost.