From April 2020 the government are changing the law relating to personal injury claims in a BIG way.

Whiplash reform

“Whiplash injury” means a sprain, strain, tear or rupture of one or more of the muscles, tendons or ligaments in the neck or back which has been caused by the backward or forward or sideways movement of the neck beyond the limit of its normal range of motion, the effects of which may include, but are not limited to— (a) pain in the neck, back, shoulders or arms; (b) reduced mobility in the neck, back or shoulders; (c) headaches; (d) muscle spasms; or (e) swelling in the neck.

A fixed tariff will be set for whiplash injuries lasting up to 2 years:

Not more than 3 months £235

More than 3 months, but not more than 6 months £470

More than 6 months, but not more than 9 months £805

More than 9 months, but not more than 12 months £1,250

More than 12 months, but not more than 15 months £1,910

More than 15 months, but not more than 18 months £2,790

More than 18 months, but not more than 24 months £3,910.

All claims worth up to £5,000 will be dealt with in the Small Claims Track (which was the small claims court) and even if you win you will have to represent yourself or pay your solicitor to do so.

This is a big change from the law as it is now and will leave most claimants worse off.

For now it is important that if you have injuries that are likely to be caught by the changes to make your claim before 1st April 2020.

Other injuries

All other injuries both from road traffic accidents and any other accident will also have the limit of the small claims track changed to £2,000.  If your injury is worth £2,000 or less then you will have to pay for your own legal costs or represent yourself in the small claims track.

Again, to avoid this if you have been injured before 1st April 2020 is to contact a solicitor as soon as possible and make your claim before 1st April 2020.

After this date, we will be happy to advise you and represent you even for these small claims track cases to be funded by way of a % of the compensation.  We are always fair and reasonable and are fighting for you the consumer not trying to rip anyone off, there is no point making a claim for £2,000 and only taking home £1,000 because of deductions!  Contact Nick or Vicky for further information on 01925 759 510.

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