Changes To Whiplash Claim Law ' What Do They Mean?
Published date | 01 April 2021 |
Subject Matter | Litigation, Mediation & Arbitration, Transport, Rail, Road & Cycling, Trials & Appeals & Compensation, Personal Injury |
Law Firm | Enable Law |
Author | Deborah Lewis |
On 31 May 2021 the law relating to making a claim after a road traffic accident causes a whiplash injury will change. If your claim is worth less than '5,000, you will be unable to recover legal costs.
The changes make it very difficult for lawyers to represent clients who have claims valued under '5000, as the legal costs are the way a lawyer is paid. To balance this a new claims system has been specifically designed for victims of road traffic accidents so that they can make the claim themselves, without a solicitor.
The Government has also introduced limits on damages which can be awarded for pain, suffering and loss of amenity, depending on the period of recovery. The new tariffs for damages are low with a limit of '240 for the pain, suffering and loss of amenity for whiplash lasting less than 3 months, with the levels rising in stages for every extra 3 months of symptoms up to '4,215 for injuries lasting up to 24 months. In exceptional circumstances the Court can award a further 20%, known as an uplift.
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