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 and 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.

Seeking legal advice for whiplash claims.

Splatt Lawyers is a 100% No Win, No Fee law firm with considerable expertise in legal advice for whiplash claims. 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.

What is 100% No Win, No Pay? >

Free Claim Check

Find out if you have a
claim in 30 seconds

Guide to Whiplash Injury Compensation Claims

How Do Whiplash Accidents Happen?

Car accidents are a common cause of whiplash injuries, which happen every day. However, they also happen in 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.

If someone breached their duty of care and caused you harm (negligence), you may be able to make a successful claim for whiplash accident compensation.

What to do next if you have whiplash >

We’re here to help

Our expert lawyers can guide you through the legal process to a better tomorrow.

What is my claim worth?

Get a fast estimate with our online Calculator

How Much Compensation for a Whiplash Injury Claim?

People often ask our car accident compensation lawyers, how much do I get when I claim whiplash injury compensation? Generally, the value of your settlement depends on the extent of whiplash injuries and their 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 compensation for:

Whiplash Compensation Average Payout

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, these are average settlements:

  • Minor neck and back injuries caused by whiplash range from $10,000 to $100,000.
  • Mild to moderate cases, the average settlement for whiplash in a car accident is between $2,500 and $10,000.

However, some severe cases have a larger whiplash payout. Typically, insurance companies hide behind their “standard” whiplash injury compensation and refuse to go higher.

Why You Need an Experienced 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 >

Can I Make a Whiplash Injury Claim?

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

  • Have evidence that another person was wholly or partly 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.

Find out if you can claim >

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 victim of whiplash injuries and file a successful claim, the negligent driver’s insurance company pays for your compensation.

More about CTP Claims >

What are the Time Limits for Whiplash Injury Claims?

Different legislation may apply to your common law 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 injury heals in the first few months after the accident and a whiplash claim is not financially advantageous enough to pursue legal action, you will owe nothing. It’s free to know if you can claim. For informed legal advice, please call 1800 700 125.

6 Steps to Winning a Whiplash Claims

Get Practical Medical Advice & Treatment

Following a whiplash injury in a motor vehicle accident, the first step is to seek immediate medical attention. Waiting even one hour after the crash could affect your legal outcome. Your personal injury lawyers will help you understand the consequences.

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 accident scene and the surroundings. Also, record the accident's time, date, location, and weather conditions. Doing this will:

  • Help determine who was at fault.
  • Substantiate the facts of the motor vehicle accident.
  • Record how the accident occurred.

Get Copies of Your Medical Records

When getting medical treatment 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.

Stick to Your Treatment Plan

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

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.

Negotiate a Settlement

Once your solicitor has gathered the necessary evidence to support your claim, they will negotiate a settlement. This may involve negotiating with the other party's insurance company or court proceedings. Your personal injury law firm will work to achieve the best outcome, taking into account:

  1. The extent of your injuries,
  2. The impact they have had on your life
  3. Any financial losses you have incurred as a result.
Whiplash claims icon

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 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

If you believe you have suffered harm due to another party’s reckless driving, you should act immediately. 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 >

Illustration of whiplash leading to a whiplash injury claim

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.

Whiplash is a type of serious 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: you may require a neck brace or collar to 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.

Thankfully, our personal injury lawyers offer 100% no win, no fee funding, so you have no financial risk. We only charge legal fees and costs when we win and nothing if you lose.

Ask our car accident compensation lawyers to 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 you sustain a soft tissue injury in Brisbane or Queensland, it’s good to know a personal injury law firm is nearby to help you seek compensation. With ten 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

Whiplash injury compensation icon

Whiplash Compensation Claims FAQs

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

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.

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

Your chance of accessing all your entitlements for physical injuries sustained in a motor vehicle accident increases when you work with experienced personal injury lawyers. Successful claims rely on indisputable evidence.

Expert 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.

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

When you have suffered a whiplash injury in a Queensland motor vehicle crash, you can lodge a CTP claim against the third-party insurer of the driver at fault. Compensation payments from a CTP insurer helps with medical expenses and rehab. To increase your chance of success, follow these 7 steps: 

  1. Take pics and video of the accident scene. Ask someone you know to photograph the incident if you are incapacitated. 

  2. Record the accident date, time, weather and road conditions.

  3. Get copies of police records, 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 treatment, rehabilitation, physiotherapy, medication, and treatment-related travel costs could all be compensated.

  6. Keep records of your time off work, including your lost income, superannuation, and other entitlements you lose from being absent from your job.

  7. Seek professional legal help for your whiplash claim. A skilled compensation 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 for whiplash sufferers include intense headaches, vision impairment and disrupted sleep.

Some people who suffer a car 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 soft tissue injuries like whiplash. The basis for your compensation claim is a medical diagnosis of whiplash following your accident. Sometimes, you can be harmed at a low speed, like 10klm hour. If you were damaged in a high-speed car crash, you would likely have multiple injuries, such as broken bones, concussions, 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 advise you to take a few weeks off and then reassess your condition. 

Queensland Law Society Accredited Personal Injury Specialist logo
Gold Coast District Law Association logo
Queensland Law Society Logo

Splatt Facts and News

Keeping you up-to-date and informed with relevant facts and news about the world of compensation law, our law firm and our services

What to do When Injured in an Uber Accident or Rideshare Crash
The Hidden Traps of No Win, No Fee in Queensland
How are Compensation Payout Amounts Calculated?