Legal Advice for Compensation Insurance Claims & TPD Payouts

Whiplash Injury Compensation Claims QLD

If you have experienced a whiplash injury in a car or road accident that was not your fault, you could have the right to make a whiplash injury compensation claim for your pain, suffering, and financial losses. 

Our QLD and Brisbane law firm has a team of local personal injury lawyers who provide legal advice regarding your rights and the complex claim process of making a whiplash compensation claim.

Seeking legal advice for whiplash claims.

Splatt Lawyers offers 100% No Win, No Fee legal services for whiplash injury claims. Our compensation lawyers will advise if you are eligible for compensation payments and your next steps to justice. Contact us now for legal support: Call 1800 700 125.

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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. Whiplash is commonly sustained in car accidents but can happen in any situation where the head is suddenly forced backwards and then forwards. Soft tissue damage can range from mild to more severe injuries.

If you are the injured person in an accident caused by the negligence of others, a whiplash injury claims lawyer can explain your right to seek compensation.

What to do after a whiplash diagnosis >

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How Much Compensation for a Whiplash 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.

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:

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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 lump sum payouts:

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

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

Learn how compensation payouts are calculated >

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Why Seek Advice from a Whiplash Injury Claim Lawyer?

A personal injury lawyer explains your rights when someone else’s negligence causes soft tissue damage. They explain the claims process, how to achieve a fair settlement and provide legal counsel for court proceedings.

Lawyers also know how to combat techniques insurers use to deny or minimise compensation. Get free advice now by Calling: 1800 700 125

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What You Need to Know About Whiplash Injuries

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How Whiplash Injuries Happen in Car Accidents

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Whiplash injuries occur when the head, neck, and torso rapidly accelerate or decelerate. 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 forward, which can cause their head to snap violently.

Contact our personal injury compensation lawyers if you were the injured person in an accident that wasn’t your fault. It’s free to know your right 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 >

When you suffer whiplash after a car accident, you may have some mild initial symptoms initially, but the full extent of neck strain may not be felt for up to 24 hours.

Many people suffering from whiplash will experience a reduction in their symptoms within a few weeks. But others feel severe pain and suffer for months or even years afterwards. This is because whiplash injuries can cause damage to soft tissue structures as well as spinal injury. There are 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 and fatigue

Anyone who has sustained whiplash injuries in a car accident could make a successful claim, regardless of whether they were a driver, passenger, pedestrian, cyclist or motorcyclist.

To be eligible for compensation, your claim will need to show that the accident happened through no fault of your own and that someone else’s negligence caused you harm and a related financial loss.

Free online claim check >

Every Queensland motorist must have compulsory third-party insurance or CTP insurance. The common CTP insurers are Allianz, QBE, RACQ and Suncorp. When you suffer whiplash injuries and file a successful claim, the at-fault driver’s third-party insurance company pays for your compensation.

More about CTP Claims >

Strict Time Limits for Whiplash Injury Claims

Strict time limits apply to insurance claims 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 explain how to lodge an accident claim form without any fees. We only charge legal fees when you win a whiplash settlement (and nothing if you lose).

If your injury heals in the first few months after the accident and a whiplash claim is not worth pursuing, you will owe nothing. It’s free to know your right to claim. For legal advice, please call 1800 700 125.

How to Make a Whiplash Claim After a Car Accident

Making a whiplash injury claim after a motor vehicle accident involves a series of steps, and strict time limits apply to motor vehicle accident compensation claims. These are the steps:

Seek Medical Treatment Immediately

Following a whiplash injury in a motor vehicle accident, the first step is to seek medical attention promptly. Waiting even one hour after the crash could affect your legal outcome.

Document the Accident Scene

The next step is to document the scene of your whiplash accident. Take photos and videos of the damage to both vehicles, the accident scene and the surroundings. Also, record the accident's time, date, location, and weather conditions.

Collect Medical Evidence

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 Whiplash Compensation Lawyer

Seeking legal advice is a wise decision when you want the best outcome for a whiplash compensation claim. An experienced whiplash solicitor explains your entitlement and provides a path to justice.

Negotiate a Settlement

Settlement negotiation begins once you have the necessary evidence to support your claim. This will involve negotiating with the other party's CTP insurer or court proceedings. However, Most claims handled by professionals are settled without going to court.

Legal Advice from Whiplash Injury Compensation Lawyers

Splatt Lawyers provide legal insights regarding your right to claim compensation for whiplash, Queensland-wide. When you have a minor or serious neck injury, we explain the whiplash claim process and your next steps.

Our Queensland personal injury lawyers offer 100% no-win, no-fee funding, so you have no financial risk for your case. Pay when you win and zero if you lose. It’s free to start, so find out if you have a valid claim. Call Us – 1800 700 125.

Whiplash Compensation Lawyers Near Me

When you sustain a soft tissue injury in Brisbane or Queensland, a personal injury law firm is nearby to help you understand your right to seek compensation. Choose your location:

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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.

You can still claim whiplash injury compensation when injured in a car accident while wearing a seatbelt. If you are harmed in a motor vehicle accident and are not the at-fault driver, you can seek compensation.

You will be eligible for our rehabilitation funding when you seek advice from Splatt Lawyers regarding an 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. That’s because successful claims typically 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.

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

  1. Take pics and video of the accident scene.
  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.
  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 lost income, superannuation, and other entitlements
  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 midback. Other ongoing 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 have a severe or minor injury at a low speed, like 10klm an 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. 

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