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Whiplash Injury Claim Compensation
How can I make a whiplash injury claim?
If you find yourself in a car accident, there is a high possibility that you may obtain a whiplash injury. Whiplash injury is a non-medical term for an injury arising within the neck region typically as a result of a sudden forward and backward movement or ‘jerk’ of the neck. The severity can differ greatly from instant neck pain to neck pain that may develop weeks or months after the car accident. Regardless of the severity, a whiplash injury can be serious and can have a devastating impact on your life.
Many people believe you cannot or should not claim compensation for a whiplash injury due to it being perceived as a minor injury. Although this may be true in some cases, many can develop into more chronic neck injuries which can be debilitating. A warning sign that you may have obtained a whiplash injury and may need to bring a whiplash injury claim, is experiencing aching or pain in the neck and or upper back. You may also be experiencing headaches and or pins and needles. These symptoms can also spread to the shoulders, upper and lower back, arms and legs.
As such, it is typical that clients who have obtained a whiplash injury develop shoulder and or back injuries which are inextricably linked. You may then find yourself having to bring a whiplash and back injury compensation claim for example.
No matter the level of injury and pain sustained in a whiplash injury, or any other body part for that matter, we always suggest injured people contact a specialist personal injury, motor vehicle compensation or car accident lawyer to have your claim assessed. Never assume you are not entitled to be compensated, no matter how minor you think your injury may be.
Can I claim whiplash injury compensation?
The short answer is yes. There are many different circumstances, situations and time constraints that may limit the ability to do this. However, as a general rule, if you sustain a whiplash injury after a car accident, you should seek legal advice from an experienced compensation lawyer immediately.
You may not even realise that you have a whiplash injury immediately after a car accident. Most people are in differing levels of shock, all of which can mask any discomfort or neck pain after a car accident. Symptoms can also develop weeks or months after the accident. Whether your symptoms were masked by shock or developed later, you may still bring a whiplash injury claim.
It’s also important to be aware that a personal injury compensation claim should be made as soon as possible after the incident and within three (3) years of the incident. Claims outside the three (3) year period are typically difficult to win but the lawyers at Main Lawyers specialise in these limitations issues and may still be able to bring a claim on your behalf.
What are the whiplash injury compensation payouts that can be claimed?
There are different levels of whiplash injury compensation amounts depending on the category of the injury being minor, moderate and serious. It is difficult to provide you with an amount of how much you could receive for whiplash injury compensation as situations vary.
A qualified compensation lawyer at Main Lawyers will be able to assess the extent of your injury and develop a neck injury compensation claim based on those findings.
In order to obtain an estimate of what you may receive, speak with one of our experienced compensation lawyers at Main Lawyers now on 1800 314 761.
How do I make a car accident whiplash injury compensation claim?
If you receive an injury in a motor vehicle accident, there are certain steps that you must undertake before you can bring a claim.
Firstly, you must complete a car accident police report with the Police. Each driver is obligated to report an incident to the Police when an injury has occurred. In some cases, you may not know you are, or another person is injured so you can file a report after the incident date. View the following link from Queensland Police Service on how to report a motor vehicle accident to police.
Secondly, you must report the injury and incident to your doctor or GP. There must be a record of your injury and that the injury was a result of the accident. Once you have advised your GP of the injury you must have the doctor complete a motor vehicle accident medical certificate.
Thirdly, contact an experienced compensation lawyer. This is possibly the most important step because there are time limitations and forms that must be correctly completed. You will be required to complete and lodge a Notice of Accident Claim form (for non-fatal injuries). Although it is possible to do this yourself, we strongly recommend that you contact and engage a lawyer before doing so. It is important that all details are completed correctly, and the claim is set up from the beginning for the best possible outcome.
Main Lawyers is here to help you through this process and to ensure your rights are protected. Contact one of our experienced personal injury lawyers to have an obligation FREE consultation.