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CLAIMTALKTHE CLAIMANT COMES FIRST
ClaimTalk
Compensation Guidance

How much will
I actually get?

The honest answer — not a calculator, not a vague range. A clear explanation of how the figure is built, what determines it, and what can change it.

No referrals. No agenda. No percentage taken from your claim.

There is no single figure — and that is not avoiding the question

Every website that tells you "average whiplash payouts are £3,000–£5,000" or offers a compensation calculator is giving you a number that cannot reflect your actual claim. The figure you receive depends on things that are specific to you: how long your symptoms lasted, what financial losses you incurred, and crucially, what your medical report says.

Most people only see the final number. This explains how that number is built.

That report does not exist yet when most people search this question. This page explains how the figure is actually built — so that when a number does arrive, you understand where it came from and whether it reflects your real position.

The structure of your compensation

Personal injury compensation in England and Wales is made up of two separate parts. The first is a tariff payment — a fixed government-set amount for the injury itself. The second is special damages — a separate calculation for the financial losses caused by the accident. These are assessed independently. One does not cap the other.


The tariff payment — and the one thing that determines it

For road traffic accident claims going through the Official Injury Claim portal, compensation for whiplash and soft tissue injuries is set by a fixed government tariff. The insurer does not decide the figure. A solicitor cannot negotiate it higher. It is fixed by the prognosis period recorded in your medical report.

The prognosis period is the medical examiner's assessment of how long your symptoms were expected to last. That single piece of information places your injury in a band — and the band determines the value.

£275 Whiplash, symptoms up to 3 months
(accidents from May 2025)
£1,510 Whiplash, symptoms 9–12 months
(accidents from May 2025)
£4,830 Whiplash, symptoms 18–24 months
(accidents from May 2025)

The difference between a three-month and a twelve-month prognosis is over £1,200. The difference between six months and eighteen months is over £2,400. These are not negotiating positions — they are the fixed outputs of a government schedule applied to whatever the medical report says.

Where there is both whiplash and a non-whiplash injury, the tariff still applies, but an additional amount may be added depending on the circumstances. Mixed injury claims are assessed differently and may be worth more than a straightforward whiplash claim alone.

This is why the medical report matters so much. If the prognosis period recorded in your report is shorter than your actual experience, the tariff value — and therefore the settlement offer — will be lower than it should be. Reviewing the report carefully before approving it is the single most important step in protecting the value of a tariff claim.

The report is the input.
The tariff is the output.


Special damages — the part most claimants underestimate

Special damages are financial losses caused directly by the accident. They sit entirely outside the tariff and are not capped by it. They are assessed separately and added on top of any tariff payment.

Many claimants either do not know they can claim these, or do not keep the records to support them. This is one of the most common ways value is lost in a claim — not through negotiation, but through omission.

What can be claimed as special damages

Lost earnings if the accident prevented you from working — including self-employed income. Travel costs to and from all medical appointments. Prescription charges for medication directly related to the injury. Physiotherapy or other treatment you paid for privately. Care or assistance from family members while you were recovering. Any other reasonable out-of-pocket expense caused directly by the accident.

There is no fixed scale for special damages. They are based entirely on what you can evidence. Two people with the same injury could receive the same tariff payment — but very different total settlements depending on their financial losses.

Every item claimed under special damages needs to be supported by evidence — receipts, payslips, employer letters, invoices. Without evidence, the insurer can dispute or reduce the figure. Keeping records from the moment of the accident is the simplest way to protect this part of the claim.

The tariff covers what the injury cost you physically.
Special damages cover what it cost you financially.
Both are yours to claim.


What can make a settlement higher or lower

Once you understand that compensation is built from a tariff payment and special damages, it becomes clearer what moves the number. Some things increase it. Some reduce it. Most are within the claimant's ability to influence — if they know about them.

What can increase the figure
  • A longer prognosis period — placing the injury in a higher tariff band
  • A secondary injury alongside whiplash — the tariff includes a separate band for combined injuries
  • Financial losses that are properly documented and claimed
  • Waiting until symptoms have stabilised before accepting — rather than settling while still injured
  • Querying and correcting the medical report before it is approved
  • Using the counter-offer mechanism rather than accepting the first offer
What can reduce the figure
  • A prognosis period in the medical report that is shorter than the actual recovery
  • Accepting the first offer without negotiating
  • Accepting before symptoms have resolved — the claim cannot be reopened, even if symptoms continue or worsen after settlement
  • Accepting an early offer before medical evidence has been gathered
  • Contributory negligence — if you were partly at fault, the settlement may be reduced proportionally
  • Financial losses not claimed because records were not kept
  • Not all reductions are visible — some happen because key information was never included

Why online compensation calculators cannot tell you what you will get

Compensation calculators are a common feature of personal injury websites. Most ask you to select an injury type and a recovery time, then produce a figure. They are almost always attached to a form asking for your contact details.

There are two reasons these calculators cannot give you an accurate figure. First, the tariff value depends on the prognosis period stated in your medical report — which does not yet exist when you are searching the question. Second, special damages depend entirely on what financial losses you actually incurred and can document — which is specific to your situation.

A calculator that tells you your claim is worth £X,XXX before a medical report exists is not calculating anything. It is producing a number designed to prompt action — often before the necessary information exists. The actual figure can only be known once liability is decided, a medical report is produced, and financial losses are documented.

This is not a reason to feel uncertain about whether to claim. It is a reason to understand how the figure is built — so that when it arrives, you can assess whether it is right.


What a solicitor's fee means for the amount you receive

If you use a solicitor through a no win no fee agreement (a Conditional Fee Agreement), their success fee is deducted from your settlement rather than charged upfront. For OIC portal claims, the amount they can deduct is capped at 25% of your damages.

This means that if your total settlement is £2,000, a solicitor on a 25% success fee would receive £500 — leaving you with £1,500. Understanding this before you instruct a solicitor is important.

What the OIC data shows

The OIC's own published data — across multiple years of claims — consistently shows that unrepresented claimants settle at similar levels to those with solicitors. The tariff is fixed by government. A solicitor cannot negotiate a higher tariff value. Their influence is limited to the same things a well-informed claimant can do: ensure the medical report is accurate, include financial losses, and negotiate through the counter-offer mechanism. That said, a solicitor may add genuine value in more complex cases — disputed liability, mixed injuries, or claims approaching the £5,000 threshold.


The figure is not decided at the end.
It is built throughout the process.


Depending on where you are in your claim

Last reviewed: 18 March 2026

Please note

ClaimTalk provides general guidance only. Not legal advice. Not affiliated with the Official Injury Claim portal or any government body.

ClaimTalk cannot respond to questions about individual claims. If you need advice specific to your situation, a regulated solicitor is the appropriate route.