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Whiplash compensation injury with man with neck pain

Access expert legal guidance for your whiplash compensation claim with no upfront costs via our award-winning team of expert no-win, no-fee accident lawyers.

If you have suffered a whiplash injury resulting from an accident caused by another’s negligence, then you may be entitled to make a whiplash compensation claim. Our award-winning legal experts can provide essential advice tailored to your circumstances and confidently guide you through the claims process.

As reported by the Motor Accident Insurance Commission (MAIC), 61.3% of all claims for accident-related injuries on Queensland roads were for spinal injuries – which includes whiplash. This indicates just how common and impactful these injuries are.

Involving the neck and back, whiplash injuries can result in medical expenses for treatment and recovery, as well as lost wages if unable to work. If you have suffered a whiplash injury, or have been in an accident and suspect that you may have whiplash, speak to our expert whiplash compensation lawyers. 

Offering a complimentary, no-obligation initial consultation and no-win, no-fee injury claims, we’re the team you can trust to help you secure the compensation you deserve.

Get free initial advice from our Queensland whiplash injury experts now

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What is whiplash? 

Whiplash is a neck injury or spinal injury that occurs when the head is jerked back and forth and/or side to side very suddenly – much like the cracking of a whip. Typically occurring in road accidents and while wearing a seatbelt, this can cause damage to the soft tissue and muscles in the neck and spine. 

While sometimes considered a minor injury, whiplash can impact quality of life and the ability to work at full capacity. Many people experience symptoms of whiplash straight away, however, they can also develop later over hours or days. 

The majority of whiplash symptoms are related to the neck and back and include, but are not limited to:

  • Neck pain and stiffness ranging from mild to severe 
  • Restricted range of motion to the neck
  • Headaches
  • Dizziness and fatigue
  • Back and shoulder pain
  • Tingling or numbness in the arms and hands due to related nerve damage or pressure
  • Trouble concentrating or memory issues 
  • Insomnia
  • Psychological effects (feeling unsettled, upset or uneasy about travelling in a car again) 

While these symptoms can be distressing, over time, with the right treatment and care, most people with whiplash make a full recovery. A small percentage of people do not recover though and go on to have life-long problems. If you have been involved in an accident and are experiencing any of the above, assessment by a medical professional should be arranged. 

Common causes of whiplash injuries

As we have noted, whiplash is a common injury from car and road accidents involving rear-end, head-on or side-impact collisions with another driver or object. However, whiplash injuries are not only seen in these situations. Common causes of whiplash injuries may also include: 

  • Incidents while riding on an amusement park ride
  • Being hit by a car as a pedestrian
  • Cycling accidents - upon direct impact of being hit by a vehicle or when hitting the ground. Even if you are wearing a helmet, a cycling injury can still result in whiplash.
  • Being reversed into by another vehicle - even from a short distance a bump to your fender may be sufficient to cause whiplash injuries. 
  • Slip and falls in public places, for example, on a spill in a supermarket
  • Blows to the head at work from a solid or heavy object 
  • Sporting injuries - most common in contact sports, which may also involve a concussion

If you suspect you may have whiplash following any of the above, it is important that you seek medical treatment immediately - especially if you are considering a whiplash compensation claim. A full medical assessment is necessary when going through the process of claiming for your personal injuries

How to claim for whiplash after a car accident

The steps to follow when claiming whiplash injury compensation include:

  1. Having your injuries medically assessed to rule out a more serious injury and obtain vital evidence. Make sure you mention the full circumstances of your injury to your doctor and that you may make a compensation claim. 
  2. Contact a personal injury law expert to discuss your circumstances and understand your rights. Our Brisbane based no-win, no-fee compensation experts can advise you of your likelihood of success in claiming, and provide a rough estimate of any potential compensation payment. 
  3. If it is likely that you will succeed in a claim for compensation and wish to proceed, you can then commence the claims process. Depending on the circumstances of your accident, this may involve notifying: 
  4. The compulsory third party (CTP) insurance provider of the at-fault driver
  5. WorkCover and your employer if you were injured during the course of your work or travelling to or from the workplace when the accident happened
  6. The at-fault party in charge of the public place, sporting facility or similar where you were injured
  7. Typically, this proceeds to compensation negotiations with the CTP insurer or relevant party. Where legal advice has been engaged, your lawyer will coordinate your entire case, keeping you informed throughout the process.

It should be noted that there is a 3 year time limit to commence your claim – starting from the date of your accident. As whiplash symptoms can resolve quite quickly, it is advisable to commence your claim as soon as possible.

How much money can you get from a whiplash claim?

Determining how much compensation will be awarded for a whiplash claim will include an assessment of:

  • Past and future medical and healthcare expenses
  • Loss of income (past and predicted future lost earnings) 
  • Compensation for pain and suffering
  • Any other related financial loss

The exact figure you may be awarded will vary based on your circumstances and the severity of your injury. Claims data from MAIC shows that the average payout for a ‘minor’ injury, such as whiplash, between 1 July 2022 to 30 June 2023, was $82,100.

The best way to find out what kind of payment you may receive for a whiplash injury is to seek out qualified legal advice from a whiplash compensation lawyer. Able to discuss your circumstances with you, they can advise on a potential compensation figure. 

Why choose Murphy’s Law Accident Lawyers?

At Murphy’s Law, we see you as an individual, not a case number. We recognise that while some may class whiplash injuries as a minor issue, they can have a significant and lasting impact on your life.

If you have been in an accident and acquired whiplash injuries through negligence or actions of another, we can help you pursue the compensation you deserve. Handling all aspects of the claims process, we explain the whiplash injury claim process in simple terms so you can make an informed choice in how to proceed. 

Know where you stand

Genuine and judgement-free, our expert personal injury lawyers offer access to essential legal advice through a complimentary, obligation-free initial consultation. Able to chat over the phone, in our offices or at a location of your choosing, we’re here to help you understand your rights and eligibility for making a claim.

Award-winning whiplash injury compensation lawyers in Queensland, we operate on a no-win, no-fee basis. This means you are under no obligation to pay any upfront costs or out-of-pocket expenses at all unless your claim is successful. There are very strict limitations and timeframes for pursuing legal action, so it's important to seek guidance immediately from one of our experienced accident lawyers to make sure you don’t miss out on your claim.

FAQs

If there is no damage to my car, can I claim for whiplash?

At times it may be possible to claim compensation for a whiplash injury even when there was no impact with another vehicle causing damage to the car.

This is most common among passengers in a vehicle when a vehicle brakes suddenly and heavily to avoid an accident, with the subsequent jolt causing whiplash. This can also happen for bus passengers and could allow a bus injury compensation claim.

Claims for injured passengers can be made against the driver’s CTP insurance. A car passenger will often be a family member, partner or friend, but the claim does not impact them in any way. Our lawyers can explain everything to you in more detail to allay any natural concerns about this.

Can you get whiplash from a fall?

Yes. Whiplash is not only seen in car accidents but can be caused by a fall. Any fall involving forward and backward movement of the head and neck, sufficient to cause soft tissue or spinal injury, may cause whiplash. 

Can you get whiplash from being reversed into?

Yes, you can get whiplash from being reversed into by another vehicle. While a soft and gentle bump to the rear or front of your car is not likely to cause significant damage, everyone is different. If you have suffered neck pain or soreness after being reversed into, we recommend you seek medical attention and contact us for a free consultation.

Can whiplash cause sinus problems?

Yes, whiplash has been linked as a common precipitating factor in sinus headaches or sinus problems. The Brisbane Migraine Clinic has some information about trauma being related to sinus problems. 

How long does it take for whiplash to heal?

Depending on the severity, whiplash may heal within weeks or take months to resolve. In most instances, it will resolve relatively quickly with appropriate treatment and care. To support a rapid recovery, you should seek medical attention immediately following an accident and participate in rehabilitation as directed. 

Can there be long-term symptoms of whiplash?

Yes, in some cases whiplash can leave a sufferer with ongoing neck pain and soreness, headaches, spinal issues and chronic pain. If you have been injured and suffered a whiplash injury it is important that you seek medical attention promptly to mitigate the potential of developing a chronic issue. 

What should I do if I think I have a whiplash injury?

Seek medical attention for a whiplash injury straight away and ensure that you get a treatment plan for managing your injury. If you are considering a claim for compensation, call us for your free consultation and find out what your options are.

How is whiplash diagnosed? 

To diagnose whiplash your doctor will examine you, typically by feeling your neck and seeing how well your neck moves in different directions. A discussion with you regarding other potentially related symptoms and the circumstances of the accident will also likely occur. 

As whiplash is caused by injury to soft tissue, so it won’t show up on an X-ray. However, they may order a neck X-ray in any case to rule out a bone fracture or dislocation. 

Can I claim for whiplash if the car airbags opened? 

Yes, whiplash injuries can still be acquired during a car accident, even when a car’s airbags have opened. While airbags can help prevent or mitigate the seriousness of injuries such as whiplash, they are not guaranteed to do so. 

Can I claim for whiplash if I was wearing a seatbelt? 

Yes, a seatbelt is not designed to prevent whiplash nor is it capable of stopping it from occurring. While it may keep your body from being thrown forward, your head and neck remain vulnerable to whiplash injury while wearing a seatbelt. 

How do I know if my whiplash is serious? 

Whiplash may be considered more serious when severe symptoms are apparent such as:

  • Ongoing pain lasting more than days or some weeks
  • Muscle weakness
  • Pain and stiffness that does not respond to over-the-counter pain relief
  • Numbness or tingling below your neck
  • Intense and persistent headaches 
  • Vision problems
  • Nausea 
  • Memory issues
  • Fatigue and more.

The severity or seriousness of your whiplash is best assessed by your doctor. As every individual has different pain thresholds and due to the risk of other more serious injuries, medical attention should always be sought following an accident.

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