Whiplash Injury Compensation Claims
7 Things You Need To Know About Whiplash Injury Compensation Claims
Whiplash is a non-medical term describing a range of injuries to the neck caused by or related to a sudden movement of the neck associated with extension.
Whiplash is commonly associated with motor vehicle accidents, usually when the vehicle has been hit in the rear; however, the injury can be sustained in many other ways, including falls from stools, bicycles or horses.
It stands out as one of the main injuries covered by the car insurers.
Before the invention of cars, whiplash injuries were called “railroad spine” as noted mostly during train collisions. After the invention of cars, the number of whiplash-related injuries have risen sharply due to an increase in rear-end motor vehicle collisions. The first case of severe neck pain arising from a train collision was documented around 1919.
You need to know whether you have Whiplash
The four main symptoms reported by sufferers include:
Symptoms can appear directly after the injury, but often are not felt until days afterwards. Whiplash is usually confined to the spinal cord, and the most common areas of the spinal cord affected by whiplash are the neck, and the mid-back (middle of the spine).
If you have any of the above symptoms you need to see a GP immediately.
The GP will then diagnose your situation and begin to prescribe professional medical treatment if required.
Diagnosis occurs through a patient history, head and neck examination, X-rays to rule out bone fractures and may involve the use of medical imaging to determine if there are other injuries.
You need to know how much Whiplash has affected your lifestyle…
The amount of compensation for a personal injury will primarily depend on the severity of the injury. Serious injuries (such as broken bones, severed limbs, brain damage) that cause intense physical pain and suffering will tend to receive the highest injury settlements.
Aside from compensation for injuries, the injured person can also get compensated for how the injuries have affected his or her life. An example, a keen cricketer suffers a wrist injury which prevents him from playing cricket during the cricket season. This can be compensated for, over and above the award for the injury itself. This is called loss of amenity, and the award for loss of amenity is part of the claim for pain, suffering and loss of amenity.
In the same manner the injured person can also be compensated if, as a result of the injuries, there has been an inability to doing work which was previously really enjoyed. This is called loss of congenial employment.
You need to know if you are entitled to be compensated for a Whiplash injury…
Damages are awarded generally to place the claimant in the position in which he would have been had the accident not taken place.
Special damages compensate the claimant for the quantifiable monetary losses suffered by the plaintiff. For example, extra costs, repair or replacement of damaged property, the loss of irreplaceable items, additional domestic costs, and so on.
Economic loss is another area in which an injured person can be compensated. Lost earnings including loss of past and future superannuation form part of this head of damage.
Claimants are often represented by Lawyers who act on their client’s behalf to prepare materials to demonstrate the factual and anticipated financial burden that the claimant has had imposed on them as a result of the whiplash injury.
It is in the best interests of any claimant to present this material professionally and thoroughly.
You need to know how the Whiplash compensation process works…
If the negligence of another party can be proved, the injured party may be entitled to monetary compensation from that party.
In Australia, this system is complex.
Lawyers often represent clients on a “contingency basis,” in which the Lawyer’s fee is a percentage of the plaintiff’s eventual compensation, payable when the case is resolved.
Oftentimes, having a lawyer becomes essential because cases can become extremely complex, particularly if liability is contentious, or the damages are unusual. Since every person’s claim is unique, experienced lawyers know how to present the claimant’s situation to maximise their recovery.
You need to know there are deadlines involved in Whiplash compensation claims…
In Australia, under the limitation rules, where an individual is bringing a claim for compensation, court proceedings must be commenced within 3 years of the date of the accident, failing which the claimant will lose the right to bring his or her claim. However, injured parties who were under the age of 18 at the time of their accidents have until the day prior to their 21st birthdays to commence proceedings. A court has the discretion to extend or waive the limitation period if it is considered equitable to do so.
You need to know if making a claim is more trouble than it is worth….
Seek legal advice from an experienced lawyer so that you can outline your particular set of circumstances. They, in turn,
will be able to run you through the process of making the claim to let you know how complicated or simple your specific claim is likely to be. They can instantly advise you if it is worth the hassle to initiate a claim.
Gouldson Legal has conducted over 3000 whiplash injury claims. You should take advantage of their Free Case Appraisal service to see where you stand.
OMC