Please note that the information below is provided as a rough guide to how much whiplash injuries can be worth. Settlements should always be based on medical evidence to avoid the risk of under settling. Please do not take the below information as a definite value for your claim- always speak with a solicitor.
The JSB (Judicial Studies Board) whiplash guidelines provide rough estimates to what you could expect to receive when suffering from a whiplash type injury. As you will see, the brackets are rather wide ranging- this is because, realistically, nobody can EVER know how much your claim is worth prior to medical evidence. This is to avoid what is known as “under settling”.
Under settling occurs when somebody accepts an offer but then is still suffering from their injuries for a long period of time afterwards. Once you have settled a claim you cannot claim again for the same injury, regardless of whether you are still suffering or not – so it is of extreme importance that you are fully recovered before accepting any offer.
Whiplash is one of those injuries that can sometimes get a lot worse before it gets better and can require lengthy rehabilitation treatment – for example Physiotherapy. It can create problems for a long time after an initial accident as whiplash is essentially the distortion of your neck when it is thrown forwards and backwards sharply and can be felt not only through the neck but also into the shoulders and down your back.
Differing Degrees of Whiplash
There are a wide variety of neck injuries, so the guidelines are split into 3 basic categories that can be applied for whiplash injuries: Minor, Moderate and Severe.
To fit under this heading, rather obviously, you have not suffered a major neck injury but it is still affecting you. If full recovery takes place within about two years or a full recovery is between a few weeks and a year you are assumed to fall under this category.
If you are suffering from an injury that is seriously limiting your movement, is giving you permanent or recurring pain, including a lot of stiffness and discomfort, you may fall under this category. You may also be “moderate” if there is a need for surgery or you are more vulnerable to further trauma.
Severe- £15,000-£97,500 (Told you they were wide!)
Of course, you are unfortunately in an awful position. These types of injuries are VERY SERIOUS (hence the category severe) and will have long term disabling effects on a person-hence them being worth the most amount of money. For example: if you have been wearing a collar for 24 hours a day and yet still have little movement.
Injuries such as fractures and dislocations can also be covered under this heading.
Again, I cannot stress enough the importance of the estimated nature of these guidelines; precise awards will be dependent on the time you are affected by said injury and also the prognosis.
Although these guidelines are undoubtedly helpful, if you have sustained a neck injury from an accident that was not your fault, always seek the help of a personal injury lawyer as we do not only look at the injury itself but the effect it can have on losses such as loss of earnings, medical expenses etc. We can also arrange private medical care straight away- so to ensure your road to recovery starts now contact us today.
And remember – what we class as a minor, moderate, or severe whiplash injury when it comes to the JSB Guidelines is not always what your GP or the hospital will class minor, moderate, or severe as! In fact, our definitions can be very different indeed.