Whiplash Injury Compensation Claim Lawyers

If you have experienced a whiplash injury in a car or road accident, you may be entitled to make a whiplash injury compensation claim for your pain, suffering, and financial losses. 

Our QLD & Brisbane law firm has a team of experienced personal injury lawyers who can help you navigate the complex legal process of making a whiplash compensation claim.

Get the compensation you deserve for your whiplash injury.

Splatt Lawyers is a 100% No Win, No Fee law firm with considerable expertise in legal advice for whiplash injury compensation. When we take on your case, we commit to relentlessly pursuing all your legal entitlements. Ask our skilled whiplash lawyers to help you know your legal rights for free. Contact us now for immediate legal advice – Call 1800 700 125.

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Guide to Whiplash Injury Compensation Claims

How Do Whiplash Accidents Happen?

Whiplash accidents happen every day, with road accidents being the common cause. They occur in road collisions, bus & truck accidents, trains, planes, construction sites, parking lots, factories, warehouses, offices, schools, hospitals, gyms, hotels, sporting and concert venues, and many other places. Whiplash is a common injury related to:

What is a Whiplash Injury?

Whiplash occurs when your body snaps violently backwards and forwards during a car crash or other sudden jerking accident. While it may not seem like much at the time, whiplash can cause serious injuries, including headaches, severe neck pain, nerve damage, shoulder aches, numbness, tingling, dizziness and nausea.

However you were harmed, if your damage was caused by someone failing their duty of care (negligence), you could have a successful whiplash accident compensation claim. 

What to do next if you have whiplash >

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How Much Compensation for a Whiplash Injury Claim?

People often ask our compensation lawyers, how much do I get when claiming compensation for whiplash? Generally, the value of your settlement will rely on the extent of the whiplash injury and its impact on your life.

Injured victims often suffer long-term damage from whiplash accidents, with ongoing pain and a long recovery. In addition, some people experience continued pain even after healing.

Some people believe that it is challenging to receive compensation for a whiplash accident, but the truth is that it is possible. When you have a soft-tissue injury because of someone else’s negligence, you may be entitled to:

What is The Average Payout for a Successful Whiplash Claim?

The average payout for a successful whiplash claim varies depending on the injury’s severity, your case’s circumstances, and your state compensation legislation. According to recent data, the average settlement for minor neck and back injuries caused by whiplash ranges from $10,000 to $100,000.

In most mild to moderate cases, the average settlement for whiplash in a car accident is between $2,500 and $10,000. However, some severe cases result in large payouts, while others can settle for smaller amounts. Typically, insurance companies hide behind their “standard” whiplash injury compensation and refuse to go higher.

Why You Need a Lawyer for a Whiplash Claim

This is why consulting with an experienced personal injury lawyer who can help you negotiate a fair settlement by mediation or represent you in court is essential.

Please know that Splatt Lawyers settles 99% of compensation matters without proceeding to court litigation, saving you time and additional legal costs.

Learn how compensation payouts are calculated >

Who Pays For My Whiplash Injury Compensation?

Every Queensland motorist must have compulsory third-party insurance or CTP insurance. The common CTP insurers are Allianz, QBE, RACQ and Suncorp. When you are a whiplash injury victim and have a successful claim, your compensation is funded by the negligent driver’s insurance company.

More about CTP Claims >

Can I Make a Whiplash Injury Claim?

Anyone who has been injured in a traffic accident and sustained a whiplash injury could make a successful claim, regardless of whether they were a driver, passenger, pedestrian, cyclist or motorcyclist. To win your case, you must:

  • Have evidence another person was wholly or party at fault for the incident;
  • Show you have a physical and/or emotional injury as a result.
  • Prove that your injury caused you a financial loss.

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What are the Time Limits for Whiplash Injury Claims?

Different legislation may apply to your injury claim depending on how your whiplash accident occurred. In Queensland, section 42 of the Personal Injuries Proceedings Act 2002 specifies the time limits for claiming injury damages for whiplash; however, the Motor Accident Insurance Act 1994 applies to motor vehicle accidents.

In the case of car accident whiplash, you must lodge your Notice of Claim Form with the CTP insurer of the at-fault vehicle by the earlier of:

  • Nine months from the incident date or
  • One month from your initial legal consultation about your case

What Happens for Accidents With Unknown Drivers?

If the vehicle of the at-fault driver was either unregistered or unknown, there are shorter time restrictions. In this case, your claim is against the Nominal Defendant and must be lodged within the following:

  • Three months of your accident date or
  • One month of consulting with a lawyer about your whiplash accident claim

It's Free to Get Started

Remember, Splatt Lawyers will assess your case for free and lodge your accident claim form without billing you for our work. We only charge legal fees when we win your whiplash settlement (and nothing if we lose)

If your whiplash injury heals in the first few months after the accident, and a whiplash claim is not financially advantageous enough to pursue legal action, we will not require any form of payment for our services. It’s free to know if you can claim. For informed legal advice, please call 1800 700 125.

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6 Steps to Winning a Whiplash Injury Claim

1

Get Practical Medical Advice & Treatment

Following a whiplash injury in a motor vehicle collision, the first step is to seek immediate medical attention. It is recommended that you go straight to the hospital emergency room.

Waiting even one hour after the crash could affect your legal outcome.  Your personal injury lawyers will help you understand the consequences.

2

Document Your Accident Scene

The next essential step is to document the scene of your whiplash accident. Please take photos and video of the damage to both vehicles, the scene of the accident and the surroundings. Also, record the time, date, exact location of the accident, and weather conditions. Doing this will:

  • Help determine fault.
  • Substantiate the facts of the collision.
  • Record the accident event.
3

Get Copies of Your Medical Records

When getting medical help for your whiplash injury, you must have copies of all your treatment documents. This includes hospital admission forms, radiological tests, doctor notes, and prescription medication.

To lodge a successful whiplash compensation claim, you need proof of the extent of your injuries, including documentation of ongoing treatment.

4

Stick to Your Treatment Plan

Please listen to the guidance of your medical professional. Doing this will help your recovery and reduce your life impacts. Sticking to the treatment plan will show that you have a genuine injury and are committed to returning to normal.

5

Contact a Specialist Whiplash Solicitor

To ensure the best possible outcome for your whiplash compensation claim, it is important to seek specialist legal advice from an experienced whiplash solicitor. They will provide expert guidance throughout the claims process and work with you to secure the best possible outcome. Furthermore, once you are a client of Splatt Lawyers, we will fund your rehabilitation costs. So, you will pay nothing to be treated for your physical damage. These costs are recovered at settlement.

6

Negotiate a Settlement

Once your solicitor has gathered all of the necessary evidence to support your claim, they will negotiate a settlement on your behalf. This may involve negotiating with the other party's insurance company or requiring court proceedings. Your solicitor will work to secure the maximum compensation possible, taking into account the extent of your injuries, the impact they have had on your life, and any financial losses you have incurred as a result.

How Do I Make a Successful Whiplash Injury Compensation Claim?

The best way to ensure you have a successful whiplash injury claim is to seek informed legal advice immediately following your incident from an experienced personal injury lawyer. This is especially true if you have a limited range of movement due to significant whiplash damage. In this case you may have common symptoms like:

  • Neck trauma
  • Headaches & dizziness,
  • Loss of consciousness
  • Memory problems
  • Numbness & tingling
  • Muscle weakness or paralysis

You should take immediate action if you suspect you have been harmed in an automobile accident caused by another party’s negligent driving. Get immediate legal support now by Calling – 1800 700 125.

How Whiplash Injuries Happen in Car Accidents

Whiplash injuries occur when there is rapid acceleration or deceleration of the head, neck, and torso. Typically, whiplash occurs in rear-end accidents when a driver hits the vehicle in front or from the side (for example, at a t-intersection of traffic lights). A rear-end collision causes the occupant of the second vehicle to move quickly backwards and forwards, which can cause their head to snap back and forth violently.

Rear-end collisions are the most frequent type of car accident in Queensland, accounting for roughly a third of all car crashes. These types of road accidents often happen because drivers ignore what is happening around them, either:

  1.  looking at their phones
  2.  failing to see the vehicle ahead of them stop moving

Their lack of attention can cause serious consequences for your health because they can hit the driver in front when they slow down or stop unexpectedly.

Contact our personal injury compensation lawyers immediately if a negligent driver has injured you. You may be eligible to recover damages from the CTP insurer of the person responsible for your whiplash accident. Call Now – 1800 700 125.

More about whiplash after a car accident >

What You Need to Know About Whiplash Injuries

When you have been injured in a road or automobile accident, you will likely experience mild to severe shock symptoms and release adrenalin in your body. While you may have mild initial symptoms, you will probably not feel the full extent of your damage for 24 hours.

Many people suffering from whiplash will experience a reduction in their symptoms within a few weeks. But some people may feel severe pain for months or even years afterwards. This is because whiplash injuries can cause damage to soft tissue structures such as ligaments, tendons, neck muscles, blood vessels, nerves, bones, joints, and cartilage, as well as spinal injuries. There is a range of whiplash symptoms often associated with chronic discomfort, including:

  • Back stiffness and pains
  • Chronic neck pain
  • Arm numbness
  • Tingling sensations
  • Sore muscles with joint pain
  • Difficulty sleeping
  • Poor concentration & fatique

The severity of whiplash symptoms depends on how much force is applied during the accident, whether there is associated head movement, and where the body parts hit each other. For example, someone rear-ended while stopped in traffic could experience less severe symptoms than someone struck from behind while riding their bicycle.

Soft tissue injuries vary considerably, so there is no single option for effective rehabilitation. You may require a comprehensive regime of multiple treatment options like:

  • Pain management medication
  • Physiotherapy and massage
  • Physical therapy & rehabilitation
  • Ice or heat therapy
  • Injections of cortisone
  • Ultrasound therapy

Whiplash is a type of neck injury that can occur when the head is suddenly moved forcefully in different directions, such as in a vehicle collision or other traumatic event. Sudden movement can cause injury to the muscles, tendons, and ligaments in your neck and upper back, resulting in pain, stiffness, and reduced mobility. In some cases, whiplash can also cause headaches, dizziness, ringing in the ears, and other symptoms, in some instances.

While most people are familiar with the term “whiplash,” it’s a specific type of soft tissue injury called WAD (Wrist And Distal). WAD refers to wrist, hand, forearm, elbow, shoulder, and upper arm injuries. These injuries can cause mild discomfort, severe pain, and permanent damage to nerves, joints, and muscles.

More about neck injury compensation >

What is the Diagnosis and Treatment for a Whiplash Injury?

If you think you may have a whiplash injury, it is essential to seek medical attention promptly. A doctor can assess your symptoms, order imaging tests if needed, and provide a treatment plan. Common treatments for whiplash may include:

  • Immobilisation and rest: may require the use of a neck brace or collar to provide support and prevent movement while the muscles and tissues heal.
  • Physical therapy: A trained therapist can provide exercises, stretches, and guidance to help improve your mobility, strengthen your muscles, and decrease any discomfort.
  • Medications: Your doctor may prescribe painkillers, muscle relaxants, or anti-inflammatory drugs to help with your symptoms.

How Our Whiplash Lawyers Help You Claim Compensation

Contact Splatt Lawyers for experienced legal guidance for claiming personal injury for whiplash. We will help you understand your legal rights and guide you through the whiplash claim process to a winning outcome. The quality of your evidence is crucial to success, so we will have you assessed by a specialist doctor and assist you with creating a compelling case.

All of Splatt Lawyer’s legal services come with 100% No Win, No Fee funding, so you carry no financial risk. Our accident claim lawyers only charge legal fees and costs when they win your case, and nothing if you lose. They will explain your legal rights and the claims process. It’s free to get started, so find out now if you might have a claim. Call Us – 1800 700 125.

Whiplash Compensation Lawyers Nearby

When something goes wrong and you sustain a whiplash injury in Brisbane or Queensland, it’s good to know expert legal help is nearby. With 10 handy locations from Cairns to the Gold Coast, there is sure to be an experienced accident compensation lawyer close to you now. Choose your location: ToowoombaLoganIpswichCabooltureBundabergCairns and Townsville, BrisbaneSunshine CoastGold Coast

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Whiplash Injury Compensation Claim FAQs

You will likely have a legitimate case if you have suffered a whiplash injury in a car accident. You can still be harmed even when your airbags are deployed. Contact our personal injury compensation team to understand your legal right to an injury accident claim.

Yes, you can. You can still be injured in a car accident while wearing a seatbelt. If you were harmed in a motor vehicle crash that was either entirely or partially not your fault, you could have a valid case, even if you fastened your seatbelt.

If you acquired a whiplash injury in a work incident, including travel to or from work, you could claim workers’ compensation and a CTP insurance claim. Our skilled compensation solicitors will advise your best legal strategy.

When you agree to have Splatt Lawyers manage your accident case, you will be eligible for our rehabilitation funding. We will cover your rehabilitation costs until you achieve a settlement if you have a legitimate whiplash injury claim. At that time, we would recoup these fees.

Your chances of accessing all your due entitlements will be higher when you work with an experienced whiplash compensation lawyer. You will be disadvantaged if you try to negotiate your settlement with the CTP insurer. Successful claims rely on indisputable evidence. Experienced lawyers know the techniques insurers use to deny or minimise compensation, and they know the type of evidence that will deliver the outcome you want. Give yourself your best shot at a great result by contacting Splatt Lawyers now for your free case review.

  1. Free Initial consultation – meet with our experienced accident claim lawyers for your comprehensive legal assessment and explanation of our 100% No Win, No Fee billing policy.
  2. Collate evidence – your personal injury lawyer or solicitor will prepare your claim by gathering crucial evidence to ensure success.
  3. Medical assessment – a medical professional might assess your injuries and supply an expert report to support your case.
  4. Lodge your damages claim – your compensation lawyer files your claim with the CTP insurer of the negligent party
  5. Damages assessment – the QLD compulsory-third party insurance company will determine the value of your claim. They will likely seek to minimise your entitlements.
  6. Settlement negotiation – Your solicitor will pursue the best possible outcome, leveraging Splatt Lawyers’ extensive history of negotiating accident compensation with all the major Queensland insurers.
  7. Go to Court (when required) – 99% of our claims settle by mediation. It would be unlikely that your case would end in court litigation.
  8. Lump sum claim payout – Once the above steps have been completed and your settlement is approved, you will receive a lump sum payment, concluding your claim. Note – At this time, we would recover our legal fees and costs. Remember, if you lose your case, you owe us nothing.

To ensure you receive all your due whiplash injury compensation, you should work with an experienced motor vehicle collision lawyer. Queensland Motor Accident Insurance Commission data shows that, on average, those who self-manage their accident claim settle for about $8,000. But when someone has professional legal representation, the average compensation payout is around $90,000.

When you have suffered a whiplash injury in a Queensland motor vehicle crash, you will likely lodge a CTP claim against the third-party insurer of the driver at fault. To increase your chance of having a successful whiplash settlement, consider these 7 steps: 

  1. Take pics of the accident scene. Ask someone you know to photograph the incident if you are incapacitated. 
  2. Record the accident date, time and weather and road conditions.
  3. Get copies of police records, if law enforcement was involved. Particularly if the negligent driver received a traffic infringement notice.
  4. Seek medical treatment immediately – get professional help for your injuries and ask your doctor to document your damage.
  5. Retain records of all your expenses – medical, rehabilitation, physiotherapy, medication, and treatment-related travel costs could all be compensated
  6. Keep records of your time off work – including your lost income, lost superannuation and other entitlements you lose from being absent from your job.
  7. Seek professional legal help for your injury compensation claim. A skilled lawyer will guide you through the challenging CTP claims process to your optimal outcome.

Whiplash isn’t always a neck injury. The force of a collision often leads to chronic pain in different areas of the spine like the neck, lower and mid-back. Other common symptoms include intense headaches, vision impairment and disrupted sleep.

Some people who suffer a road accident-related whiplash injury also experience neurological symptoms such as pins and needs on their legs, hands, wrists and fingers.

You may suffer a spinal injury or shoulder pain due to direct trauma, such as your seat belt, or it could be due to pain radiating from a whiplash neck injury into your rotator cuff.

There is no minimum speed for acquiring a whiplash injury. The basis for your compensation claim is a medical diagnosis of whiplash following your accident. Sometimes, you can be harmed at low speeds like 10klm hour. If you were damaged in a high-speed collision you would likely have multiple injuries such as broken bones, concussion, head trauma and more.

You should rely on medical advice when deciding how much time to be absent from work because of whiplash. It could take time for your symptoms to develop, and going back to work too soon could delay your rehabilitation by months. Most doctors will advise you to take a few weeks off and then reassess your condition at that time. 

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