Whiplash injuries generally happen when the impact of one vehicle hitting another, causing the soft tissue in your neck to be extended past their normal range of movement. This can cause potentially serious ongoing pain.
In Australia, through a personal injury claim, you are able to seek compensation for a whiplash injury if you were injured on our roads through no fault of your own.
Let’s run through what you need to know about claiming whiplash in Australia.
What can I expect to receive for a whiplash compensation claim in Australia?
It is impossible to provide an exact estimate as to your settlement amount, because each case is unique to the person filing it. Your circumstances, the severity of your injury and other factors will all influence your final settlement amount.
However, a personal injury lawyer may be able to help you maximise your compensation sum, potentially seeking damages for:
- Treatment and rehabilitation costs, past and future
- Lost income and superannuation, past and future
- Other expenses incurred as a direct consequence of the injury and its symptoms
- The cost of care and assistance in certain circumstances.
The best way to get an idea of what you may be able to claim is by getting started with a free case review with Gouldson.
Do I need to prove I have whiplash before making a claim?
Yes – you will need to prove you have whiplash in order for your compensation claim to be successful.
To prove you have whiplash, you will need to first seek the opinion of a qualified medical professional. This could be your GP or another qualified professional.
They will be able to confirm:
- Whether you are suffering from a whiplash injury; and
- The potential short and long-term consequences of your whiplash injury.
You should also look to collect as much evidence as you can to support your claim, including:
- Medical certificate that outlines specified diagnoses
- Photos of the damage to your vehicle and accident scene
- Witness statements
- Police report or QP number.
A Gouldson injury lawyer can help you through the process of gathering evidence.
Do I need a lawyer to claim for whiplash in Australia?
No – you do not need a lawyer to claim for a whiplash injury. However, getting a qualified whiplash lawyer on your side can help make the process far simpler, and may help you get the maximum compensation amount.
A whiplash lawyer, like those at Gouldson Legal, can assist with your claim by:
- Taking care of all the paperwork involved in making a claim, letting you focus on recovery.
- Approaching your case from all angles, putting you in the best position to receive the maximum claim amount possible.
- Operating on a no win, no fee basis – meaning you only pay if your claim is successful.
- Capping their fees at 30% of your total settlement amount – where other lawyers generally operate on a 50% fee basis.
Get started today with your lawyer by completing the free case review below or by getting in contact with Gouldson directly.