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Can I Claim Compensation For A Whiplash Injury?

By 10 February 2021News & Articles
Man receives treatment for a neck innjury

After the initial stress of your accident has dulled and you are left with uncomfortable neck pain, one of the most frequently asked questions we receive is:

“Can I claim compensation for whiplash?”

What is Whiplash?

Whiplash can be caused by a sudden head movement backward and then forwards, the kind of jarring movement that can often occur in a car accident. It is a neck injury that can cause mild to severe pain through the neck and shoulders, often making daily activities difficult. This pain can also be accompanied by other less common symptoms such as vertigo, difficulty focusing, and headaches.

In mild cases, whiplash can be treated with self-care such as over-the-counter pain medication and ice. However, in other cases, treatment by a physiotherapist may be necessary for recovery, which for many is another unwanted financial expense. The pain and symptoms associated with whiplash may also require you to take time off work, entitling you to compensation.

Can I Claim Compensation For Whiplash?

If you have been the victim of a car or road accident resulting in personal injuries such as whiplash, you may be entitled to compensation. If the level of injury you have sustained is severe enough that you are needing to take time off work or you cannot treat the pain effectively with over-the-counter painkillers, then you may be successful in a whiplash claim.

It is unlikely however that you will be able to claim compensation for whiplash if the pain subsides within a few days.

How Much Is A Standard Whiplash Claim Worth?

Each whiplash claim we assist with is different, and the claim worth is dependent on several factors concerning the accident and the injury itself. When your injury requires medical assistance and possibly ongoing treatment, your whiplash claim should aim to cover these expenses either partially or in full. It should typically cover any past and future costs associated with all physical and psychological fees related to your injury.

Some examples of expenses you may be able to claim include:

  • Hospital expenses
  • Physiotherapy and rehabilitation
  • Loss of earnings due to time off work
  • Pain and suffering
  • Home care or nursing (under certain conditions)

Can A Whiplash Claim Be Refused?

As with all claims for personal injury compensation, claimants need to provide sufficient evidence to support their claim. If it is suspected that the claim is fraudulent, and you are unable to provide a professional medical diagnosis then it is possible for a whiplash claim to be refused.

This is why engaging a GC Law solicitor can help ensure you have the best chance of succeeding with your claim, as we are able to help navigate you through the legal process. Learn more about our process here.

Can You Claim Whiplash If the Accident Was Your Fault?

To claim whiplash, a personal injury, you need to show that the accident was the fault of another person or organization. If the accident was entirely your fault it is unlikely you will be able to make a claim, however, if you were only partly at fault then you may be successful in claiming compensation.

If you have been in an accident and you are unsure who is at fault, it is best to get an opinion from a qualified lawyer. The experienced solicitors at GC Law will be able to easily navigate the legal process associated with your accident and determine whether you have a claim.

Man drives car down rural road

Who Pays for Whiplash Claims?

When successful, whiplash claims are covered or paid for by the insurer of the driver or person at fault for the accident. As someone who has suffered whiplash during a car accident, you are entitled to submit a whiplash claim to the insurer of the vehicle deemed to be at fault.

How Long Should A Whiplash Claim Take?

There are a lot of factors that determine how long a whiplash claim can take, such as how complicated your situation is, how serious your injuries are, and what treatment you require. One of our expert personal injury lawyers Gold Coast will be able to assess your situation and give you an indication of the time frame you can expect for your claim.

How Long Should I Be Off Work for Whiplash?

After a car accident, it may take up to a few days for the symptoms of whiplash to arise. Your doctor will be able to assess your injuries and give you an indication of when you will be able to return to your normal activities. The timeline for your recovery is heavily dependent on the severity of your injury, however in most cases, people are able to return to their usual activities after a few weeks.

How to Claim For Whiplash After A Car Accident

If you wish to claim for whiplash after a car accident it is important to see a medical professional to receive an official diagnosis to use in your claim. It is then recommended to get in touch with us. We can help you navigate the legal process and ensure you have the best possible chance of being successful in claiming compensation.

Contact GC Law for personalized help with your whiplash claim.

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