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      Will my claim be affected by the 2021 Whiplash Reforms?

      13 December 2021 by Rhian Lowe

      Rhian Lowe

      The long-awaited reforms for whiplash injuries, which were first proposed in 2015, came into force on 31 May 2021.

       

      The reforms, which form part of the Civil Liability Act 2018, are a package of measures designed to modify the way low-value personal injury claims arising from road traffic accidents (RTAs) are managed.

       

      They have reduced compensation awards and changed the law in regard to recovering legal costs in the majority of road traffic accident claims, such that costs recovery is generally not permitted. As a result these forms have been opposed in the past by many personal injury solicitors.

       

      You will be affected by these reforms if you meet the following conditions:-

       

      1. You are over 18;
      2. You were injured in a road traffic accident;
      3. The accident occurred on or after 31 May 2021;
      4. You suffered whiplash injuries;
      5. You were a driver or passenger of a motor vehicle; and
      6. Your injuries are worth less than £5,000 and your total value of your claim is less than £10,000.

       

      If you meet these conditions then you will now have to make a claim through the new official injury claim portal https://www.officialinjuryclaim.org.uk/. Your whiplash injuries will be valued according to a fixed tariff and you will be unable to claim any legal fees.

       

      What is a whiplash injury?

       

      These new reforms define a whiplash injury as a soft tissue injury to the neck, back or shoulders. This will include damage to muscles, tendons or ligaments and damage to soft tissues.

       

      It is important to note that if you suffered injuries that do not include soft tissue damage, such as a broken bone, then these reforms will not apply to you and a claim may be able to proceed in the usual way.

       

      If you have just suffered a whiplash type injury then the below tariff system will be of relevance to you. Please note that the compensation award is purely based on how long the injury lasted and whether or not psychological symptoms are/were also suffered. The Courts can uplift compensation by up to 20% in exceptional circumstances.

       

       

      Duration of Injury Amount (for Whiplash Alone) Amount (for Whiplash and Minor Psychological Injury)
      Not more than 3 months £240 £260
      More than 3 months, but not more than 6 months £495 £520
      More than 6 months, but not more than 9 months £840 £895
      More than 9 months, but not more than 12 months £1,320 £1,390
      More than 12 months, but not more than 15 months £2,040 £2,125
      More than 15 months, but not more than 18 months £3,005 £3,100
      More than 18 months, but not more than 24 months £4,215 £4,345

       

       

      How can FJG help you?

       

      If you were a pedestrian, a cyclist, a motorcyclist (including if you were a passenger on a motorbike) or the rider of a scooter (as a driver or passenger) then your claim will be unaffected by the Whiplash Reforms and we can assist you in the usual way. The tariff for compensation (shown above) will not apply, regardless of whether or not you only suffered whiplash type injuries.

       

      Similarly, personal injury claims made by children under the age of 18 are unaffected.

       

      If you have had an accident as a result of a slip, trip or fall or an accident at work then these changes will not apply to you and we would suggest that you contact [email protected] or call 01206 835269 where someone will be able to assist you further.

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      We are welcoming clients back to our offices

      Differing tiers and three lockdowns later, Fisher Jones Greenwood Solicitors are now pleased to be able to welcome clients safely back to our offices.

      Remote working and the digitalisation of the way we work, have been key to keeping FJG and the rest of the country going.

      • We are now able to offer, pre-booked face-to-face appointments. Although, we are still able to offer remote appointments if preferred.
      • You can continue to visit our offices at any time to post any correspondence and documents through letterboxes.

      If you are visiting an FJG office, covid-19 safety rules of social distancing, hand sanitization, and the wearing of masks will still apply.

      • Please be aware you will also need to have your temperature taken on arrival.
      • There will also be protective screens in place to protect you and our staff.

      Please do not hesitate to contact your legal adviser by email or by telephone should you have any worries or concerns. Alternatively, please call our main switchboard number (01206 835300), and a message to return your call will be relayed to the relevant person.

      Best wishes
      Paula Cameron
      Managing Partner