Can you claim for whiplash at any age?
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Do Whiplash Claim Ages Matter?
A victim needs to be 18 and legally an adult before they can claim for whiplash injuries. If the victim was under 18 at the time of the accident, then a parent or guardian can claim on their behalf.
How is Whiplash Caused?
The cause of whiplash is the same in both children and adults. It occurs when the head and neck are violently thrown forwards and backwards from an impact. The condition’s name comes from its similarity to whip-crack in that it is a sharp and sudden movement, such as the force from a car hitting yours from behind in a road traffic accident, a sporting accident, a fall, or another type of trauma.
Although it happens quickly, whiplash can take months – if not a year or more – to heal. The majority of whiplash cases only last for a few months, but some injuries require more intensive treatment and medication before they go.
How to Identify Whiplash in Children
Whiplash injuries are not always immediately visible, and whiplash in children is just as common as in adults – if not more so due to them being less physically robust than adults. Some of the symptoms of whiplash appear within the first 24 hours after the accident and can include:
- Stiffness and pain in the neck and shoulders
- Headaches at the base of the skull with pain radiating out
- A lack of movement in the neck, and being unable to turn the head easily
- Dizziness or impaired balance
- Fatigue
- A tingling or numb sensation in the shoulders and arms
Other symptoms may not be obvious to a child suffering from them, such as:
- Tinnitus (ringing in the ears)
- Disturbed sleep patterns (either unable to sleep or sleeping a lot)
- Feeling ill-tempered or depressed
- Lack of concentration
- Trouble with short term memory.
Because of the nature of whiplash injuries, and the fact that children may not immediately recognise or verbalise some of the symptoms, it is important you seek medical attention as soon as possible if your child has had an accident.
Making a Compensation Claim for a Child
Talk to The Compensation Experts if you want to find out more about personal injury claims for a child. You can start an application immediately after the accident, or anytime until their 18th birthday. After this date, they can submit their own compensation claim, having until their 21st birthday to do so.
The only time a parent or guardian cannot make a claim on behalf of their child is if they are responsible for the accident, for example, if they were the responsible driver in an RTA. In this instance, the child’s other parent, grandparent, or close relative, could make a claim. The adult representing the child in the claim is called their litigation friend. They need to be able to competently and fairly make decisions for the benefit of the child and not have any conflicting interests, demonstrating this by completing a Certificate of Suitability.
Any compensation awarded for whiplash in children goes into a court-appointed trust to be managed for them until they reach the age of 18.
Contact The Compensation Experts today for free, no-obligation advice about whiplash injury claims.
Frequently Asked Questions on Whiplash in Children
What is the minimum payout for whiplash?
The payout for whiplash will depend on the circumstances surrounding your claim. It’s important to note that it’s not always possible to predict the compensation amount you’ll receive.
However, for whiplash claims The Whiplash Injury Regulations 2021 provides a tariff introduced to guide whiplash compensation payouts. Under this tariff, compensation for the least severe cases of whiplash might attract a payout of between £240 and £260, depending on whether there was a psychological injury. This tariff applies to whiplash injuries that occurred on or after 31st May 2021.
How much compensation can I receive for whiplash?
As mentioned above, it’s not always possible to give an exact prediction of your compensation settlement as this can depend on a range of factors.
For injuries that happened on or after 31st May 2021, the table below, taken from The Whiplash Injury Regulations 2021, shows the damages you could receive in relation to pain and suffering, depending on the duration of your whiplash injury. For a more accurate idea of how much you could claim, get in touch with us today.
| Duration of injury | Damages (without and with psychological injuries) |
| 3 months> | £240 – £260 |
| 3 – 6 months | £495 – £520 |
| 6 – 9 months | £840 – £895 |
| 9 – 12 months | £1,320 – £1,390 |
| 12 – 15 months | £2,040 – £2,125 |
| 15 – 18 months | £3,005 – £3,100 |
| 18 – 24 months | £4,215 – £4,345 |
