A Guide to Whiplash Injury Claims – Car Accidents

Last updated on July 19th, 2022 at 03:55 pm

The majority of the claimants we see suffer injuries as a result of a car accident.

Due to the nature of the impact, it, with respect to most motor vehicle accidents, the most common injury is that of a whiplash injury. This is an injury which generally affects a person’s neck, mid or lower back, or can affect all 3 areas, or any 1 of them.

These types of injuries can be quite restrictive and debilitating, and can badly affect a person’s enjoyment of life, ability to work and undertake daily activities.

It is important to ensure that if you do suffer such an injury, that you seek medical advice, and if necessary, receive proper treatment. Unfortunately, it is a reality that, even if an individual receives treatment, it can still be left with ongoing symptoms which they then have to live with.

We will now provide some general information in relation to these type of claims, however, if there are any further details you require or anything specific, please do not hesitate to contact us.

What are the time limits for whiplash injury claims?

Generally, you have a 3 year period from the date of accident.

This period is a limitation period, meaning that court proceedings must be issued within 3 years, otherwise you may lose your rights to make a claim.

This period can be extended in certain circumstances and if there are factors which become apparent at a later date, which were not apparent before, then the limitation period can be extended.

There are other time limits which apply to car crash injuries, and so it is important that you seek legal advice from a car accident lawyer as soon as possible. This is to ensure that your rights are properly protected.

A personal injury compensation lawyer can ensure that the time limits are complied with. Prior to commencing any court proceedings, there are a number of steps which need to be taken. Each step is required to be done within a certain period of time.

Lawyers who specialise in whiplash compensation claims and motor vehicle accidents should be well versed as to these time restrictions and must ensure that steps are taken to protect your rights.

How much can I claim?

The amount of compensation a person receives depends on the seriousness and duration of their injuries and how this has affected them in their day to day activities and life. In a typical claim, damages can be recovered for a number of different items and these generally include an amount of general damages for pain and suffering and loss of amenities of life, any medical or other expenses you are put to including travel, pharmaceuticals and other expenses, any past or future income loss, any care and assistance you may require from loved ones or family and friends, or even care and assistance which you need to engage and pay for, such as housekeeping duties and/or gardening duties which you are unable to undertake due to your injuries. In addition to this, any ongoing medical expenses or treatment needs can also be recovered from the insurer.

Who pays the compensation?

The CTP insurer of the vehicle at fault is required to pay the compensation for your injuries. The driver at fault is not punished in any way. A CTP insurance premium is paid when you register a vehicle in Queensland. If the vehicle is unregistered or the registration has lapsed then a government entity known as the Nominal Defendant is the relevant insurer and will be the responsible party for paying your compensation.

Hit and run accidents

A car accident lawyer can bring a claim in circumstances where there has been a hit and run accident and the driver at fault has absconded from the scene without leaving any details. In these circumstances there are strict requirements under the Act for the injured person to conduct what is known as “due search and enquiry” to try and ascertain the identity of the driver or the vehicle at fault.

There are strict rules and guidelines laid down by the legislation and also by the court as to what is the appropriate level of enquiry that needs to be undertaken in these circumstances. It is vital therefore that if this happens to you that you seek expert legal advice as soon as possible so as to ensure your rights are fully protected.

Next step

Please contact our office on a completely obligation free basis in order for us to discuss with you your rights to bring a claim.

All claims are handled under our “no win no fee” guarantee policy. So, if you have been involved in an incident and require the assistance of a car accident lawyer please contact us to ensure your rights are fully protected.