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If you have suffered a neck injury due to the negligence of others in Queensland then you may be entitled to a compensation claim.
Neck injuries are especially common in car accidents and work accidents and can cause ongoing pain leading to loss of income. Our experts in neck injury claims can provide free initial advice on your rights and explain your options and the process to making a claim. All claims are done on a no win, no fee basis with no upfront costs and we service clients across Queensland from our Brisbane office.
A person can sustain an injury to the neck in multiple ways.
Sometimes a neck injury can be a soft tissue injury, that is the muscles and ligaments surrounding the spine. In other injuries, the injury may include damage done to the internal structure of the cervical spine, including fractures to the vertebra and its surrounding structures or to the spinal cord itself. Generally, the greater the forces involved the more likely that the injury will include injury to not only the soft tissue but to the structure of the cervical spine as well.
Neck injuries are commonly seen in motor vehicle accidents, especially accidents involving collision to the rear of a stationary motor vehicle by another moving vehicle.
In those scenarios, it is usually the case that a passenger (or driver) in the stationary vehicle is not anticipating that the rear of the vehicle will be read into. They are usually sitting relaxed, looking forwards in their vehicle (or sometimes to the side) when the impact is felt. Their bodies are thrown forwards by the forces of the collision. Their torso is restrained by their seatbelt, but their head continues forward until it reaches maximum extension, then thrown backwards towards the headrest in the seat. This is a classic cause of whiplash injuries.
Often people who receive whiplash style neck injuries make good recovery from the injury without ongoing issues if they seek early rehabilitation for this type of neck injury. Physiotherapy is the most common form of rehabilitation that people with neck injuries have.
In motor vehicle claims, the CTP insurer has an obligation to provide reasonable and necessary rehabilitation. A lawyer experienced in neck injury claims will be able to assist you in getting the rehabilitation you need.
People who suffer neck injuries in a work-related incident would usually be entitled to claim workers’ compensation. It is important that if you suffer a neck injury at work that you report the injury to your employer and see a doctor as soon as possible.
Workers’ compensation insurers have an obligation to provide workers with neck injuries with access to medical and allied health treatment to rehabilitate them from their injury.
If you are having any difficulties getting access to the medical treatment you need for your neck injury suffered at work then a lawyer experienced in neck injury claims will be able to assist you in getting the rehabilitation you deserve.
If you suffer a neck injury in a public place, for example from a slip and fall, it is important that you report the incident causing you to suffer the neck injury to someone who is responsible for the public place. For instance, if the incident happened in the food court at a shopping centre, if possible you should locate the Centre Management office for the shopping centre and tell them you have been injured. They may ask you to complete an incident report. You should also then consult with your general medical practitioner and seek treatment for your injury.
Often it is difficult to get the medical treatment expenses paid for treatment of your neck injury before finalising a claim for damages. If you are in the fortunate situation where you can afford private health insurance, then you can get the treatment you need subsidised through that insurance while your damages claim is being processed.
A neck injury is a form of personal injury. The compensation paid in personal injury claims in Queensland is assessed on a subjective basis, meaning that your compensation will be personalised to you and your circumstances. No two claims are the same. Having said that, there are common features in every personal injury claim.
You will receive some compensation for the fact that you have sustained a neck injury. The amount of compensation depends on the nature of the neck injury sustained. If that injury involves permanent impairment to the underlying structures of your cervical spine, then it is a more serious injury and the level of compensation will be much more significant.
A neck injury is a form of personal injury. The compensation paid in personal injury claims in Queensland is assessed on a subjective basis, meaning that your compensation will be personalised to you and your circumstances. No two claims are the same. Having said that, there are common features in every personal injury claim.
The common features in the assessment of compensation are that amounts will be allowed as damages to compensate you for the following losses:
A lawyer who is experienced in neck injury claims will be able to give you a clearer picture of the nature of the claims you are able to make for your neck injury.
A neck injury claim is a personal injury damages claim. In Queensland, there are strict time limits on bringing claims for personal injury damages claims. The claim must be lodged in a court within three years of the date of the incident causing the injury otherwise the claim becomes statute barred and lost forever.
There are other time limits for giving notices to insurers in personal injury damages claims in Queensland which must be observed.
Accordingly, it is very important that you speak with a solicitor experienced in personal injury damages claims to ensure that your right to compensation is not lost.
