A sudden jolt. A sharp pain in your neck. The aftermath of a car accident can be overwhelming, especially when you’re dealing with a whiplash injury. You might be wondering: Do I have a valid whiplash injury claim? How much compensation can I receive? What steps should I take to protect my rights?
Whiplash injuries are among the most common consequences of motor vehicle accidents, yet many people struggle to secure the whiplash compensation they deserve. Insurance companies often downplay these claims, making it crucial to understand your legal options. Whether your injury was caused by a rear-end collision or another type of car accident, knowing how to navigate the whiplash claims process can make all the difference in securing fair compensation.
In this guide, we’ll break down everything you need to know about whiplash injury claims, including eligibility, compensation amounts, and how to maximise your chances of a successful claim. If you’ve suffered a whiplash injury in a car accident, read on to learn how to take action and protect your rights.
What is a Whiplash Injury?
A strong head jolt causes whiplash and injures the neck muscles. Your seatbelt keeps you safe during sudden deceleration in a motor vehicle; however, when the vehicle collides, your neck is typically left unsupported, resulting in a whiplash injury.
What is Whiplash Compensation?
In New South Wales and Western Australia, you may be eligible to claim medical expenses cover, loss of income, household assistance expenses, and compensation for pain and suffering. Beyond these quantifiable costs, claimants sometimes feel they need further compensation for pain and suffering.
According to SIRA figures for NSW, the typical whiplash compensation settlement is estimated to be between $10,000 and $20,000. It is paid as personal injury compensation up to 26 weeks after the accident. In WA however it is different and we recommend you contact our Western Australia car accident lawyers for free advice on your entitlements for your whiplash injury.
Symptoms of a Whiplash Injury
In addition to the collision force, the distance between your head and the seat and your body’s orientation in the car all influence the severity of your whiplash symptoms. It’s also critical to recognise that symptoms can be immediate or delayed.
Common symptoms of whiplash include the following:
- Stiff or sore neck
- Nausea
- Exhaustion
- Dizziness
- Headaches that spread to the jaw,
- Discomfort down the spine, shoulder, and back pain.
How to Claim Compensation for a
Whiplash Injury After a Car Accident?
If you suffered a whiplash injury due to an accident, you are still entitled to make a claim. In order to claim for whiplash after a car accident, you need to report the accident to the police. Then you need to see your GP to get a medical report for your injuries. Our personal injury lawyers will walk you through the whole process regardless of whether your injury occurred in NSW or WA.
Can I Claim Whiplash Compensation Without Having Damage To My Car?
Yes, compensation can still be claimed as long as you have suffered an injury due to a car accident regardless of the condition of your car. In some cases, insurance companies may argue that your injuries were minor due to the absence of damage. In that case, our experienced personal injury lawyer will advise you on the best way to proceed.
Can a Whiplash Compensation Claim be Refused?
Yes, a whiplash claim can be denied if you are not able to prove your injuries or that you weren’t at fault. Your claim may be rejected if the insurer believes the event was staged or you overstated your damages.
How Much is a Standard Whiplash Compensation Claim Worth?
Whiplash settlements and trial verdicts vary widely and depends whether the accident occurred in NSW or WA. It also significantly depends on the impact of the whiplash injury and the nature of your work prior to the accident.
Can You Claim Whiplash Without Seeing a Doctor?
No, you can only claim whiplash if you have medical evidence to support your injuries. Whiplash is commonly diagnosed by evaluating your neck for muscular spasms, pain, and range of motion. Your doctor may also inquire about the incident. If you have a whiplash injury, you should see your doctor immediately, and get legal advice from our personal injury lawyers.
What is No Win No Fee?
It means that if you do not have a successful outcome by way of financial benefit then we will not get paid. Learn more about our No Win No Fee policy.
Whiplash Compensation Lawyers
As personal injury lawyers that represent claimants who have sustained catastrophic injuries and also minor injuries, we understand that no two claims are the same and know that an impact of an accident can impact you differently to another person. Our experienced personal injury lawyers can advise you on the applicable legislation and the likely outcome of your case.
Motor vehicle accident claims are complex, and it is our opinion that claimants who have strong personal injury lawyers acting for their best interests usually get a much better result then self-represented claimants. We have acted on many claims where the insurer offered a client hundreds of thousands less than what that same claim settled for when we settled the claim with the insurance company. Feel free to consult our experienced whiplash compensation lawyers to confirm, retain, and enforce your legal rights after a whiplash injury.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
