Whiplash Compensation Lawyers
Whiplash injuries can be mild and can improve with time and treatment,
however, they can also be more severe and lead to chronic pain, limitations
in daily activities, and potential long-term effects.
If you believe you have sustained a whiplash injury and you’re considering a
compensation claim, we can help you.
Whiplash injuries can be mild and can improve with time and treatment,
however, they can also be more severe and lead to chronic pain, limitations
in daily activities, and potential long-term effects.
If you believe you have sustained a whiplash injury and you’re considering a
compensation claim, we can help you.
- No Win, No Fee Strictly Guaranteed
- Free Initial Advice
- 30% Cap on Fees
- We fund initial medical treatment for clients up to $3,000.00 (conditions apply)
- Complete Confidentiality
- We do home consultations and can attend upon clients in Regional Queensland
- Queensland Law Society Accredited Specialist in Personal Injury Law*
Whiplash Injury Compensation Claims Brisbane, Gold Coast and South East Queensland
A whiplash injury is a neck injury caused by a sudden, forceful back-and-forth movement of the head and neck, often occurring in car accidents. It can damage the soft tissues of the neck, resulting in symptoms such as neck pain, stiffness, headaches, and reduced range of motion.
Car accidents like these can happen to anyone anywhere and at any time. In some cases, these injuries can result from the negligence of another individual. If you have sustained a whiplash injury due to the negligence of someone, you may have the right to receive compensation.
How whiplash injury compensation claim gets calculated
Like many other types of personal injury claims, calculating a whiplash injury compensation claim can vary depending on the circumstances of each case. However, here are some common factors considered in the calculation:
GENERAL DAMAGES
This is intended to address the pain, suffering, and loss of enjoyment of life caused by the whiplash injury. The severity and duration of the symptoms, the impact on daily activities, and the prognosis for recovery are all taken into account.
MEDICAL EXPENSES
Compensation for medical expenses related to consultations, diagnostic tests, medications, physiotherapy, and other treatments required for your whiplash injury.
Rehabilitation Costs – if you require rehabilitation services, such as physical therapy or chiropractic treatment, the expenses associated with these services may be included.
LOSS OF EARNINGS
If the whiplash injury caused you to miss work or resulted in a loss of income, compensation may be awarded for the wages or earning capacity lost during your recovery period.
FUTURE LOSSES
If your whiplash injury has long-term or permanent effects that impact your ability to work and earn a living, the potential future loss of earnings may also be considered.
CONTRIBUTORY NEGLIGENCE
In some cases, the injured person may be found partially at fault for the car accident or their injuries. If contributory negligence is established, it may affect the total compensation amount.
LEGAL COSTS
In personal injury claims, the legal costs associated with pursuing the claim are typically borne by the insurance company of the at-fault party. This means that you generally won’t have to pay legal fees upfront, as they are typically recovered from the insurance company upon successful settlement or judgment.
Free Case Review within 60 minutes
Frequently Asked Questions About Whiplash Insurance Claims
Providing an average payout for a whiplash injury claim in Queensland is difficult due to the many factors involved. Compensation amounts vary widely depending on factors such as the severity of the injury, its impact on the individual’s life, required medical treatment, and individual circumstances.
Whiplash compensation payouts can range from a few thousand dollars to higher amounts for cases with severe or long-lasting effects. Each case is unique, and compensation amounts are tailored to specific circumstances based on evidence, expert assessments, legal precedents, and negotiations.
To make a whiplash injury claim in Queensland, the severity of the injury does not need to be extreme. Even if you have experienced mild symptoms, you may still be eligible to make a claim if someone else’s negligence caused the injury.
Some individuals may have more severe symptoms requiring extensive medical treatment, while others may have milder symptoms that resolve quickly. Both cases may be eligible for a compensation claim.
To determine if your whiplash injury qualifies for a claim, consult with us. We will assess your case, consider the extent of your injuries, and determine if negligence or liability is present. It’s important to seek legal advice even if your injuries seem minor, as compensation can help cover medical expenses, rehabilitation costs, and any financial losses due to the injury.
Remember to seek medical attention for your whiplash injury and consult with a personal injury lawyer to understand your rights and options for pursuing a compensation claim.
When making a whiplash claim in Queensland, you will need to gather and provide specific evidence to support your case. Here are the key types of evidence you should consider:
- Medical Records
- Accident Report
- Witness Statements
- Photographs or Videos
- Employment and Financial Documentation
- Expert Opinions
We act strictly on a no win, no fee guarantee basis. This means that if you do not receive compensation for your accident claim, we will not be charging any legal fees or outlays and hence you will not be at a loss. Whether you have had an accident at work, you’ve been involved in a car accident or you have some other type of compensation claim, we can assess claim and if we believe that there is a viable chance that we can achieve a successful result in your claim, we will take on your case. Unlike other compensation law firms who run motor vehicle accident claims, work accident claims or other compensation claims we will also not require recovery of outlays that have been paid by the firm in the event your compensation claim is not successful. Hence, our no win, no fee guarantee.
The speed at which you were driving is not the only factor that determines your eligibility to claim whiplash. Whiplash can occur at both low and high speeds if the impact causes a sudden and forceful movement of the neck.
The key factor in a whiplash claim is establishing that the injury was caused by someone else’s fault or negligence, regardless of the driving speed involved. To understand if you have a valid whiplash claim, consult with us. We can assess your case based on its specific details.
Yes, it is possible for a whiplash claim to be refused. There are several reasons why a claim may be rejected or disputed by the opposing party, insurance company, or the court:
Lack of Evidence – If there isn’t enough proof to show that the whiplash injury occurred or that it was caused by someone else’s fault, the claim may be denied.
Pre-Existing Conditions – If the opposing party or insurer argues that your whiplash injury claim is unrelated to the car accident and existed before, they may refuse the claim.
Contributory Negligence – If you are found partially at fault for the car accident injuries, the compensation amount may be reduced or the claim may be denied.
Inconsistent or Inaccurate Information – Providing inconsistent or inaccurate information during the claim process can raise doubts and lead to a denial.
Disputes over Liability – If there is a disagreement about who is responsible for the car accident injuries, the claim may be challenged.
Failure to Meet Legal Deadlines – Missing the deadline to file the claim within the specified time frame can result in a refusal.