What is a Whiplash Injury?
Whiplash is a neck injury caused by the rapid and forceful back-and-forth movement of the neck. This type of whiplash is typically caused by accidents that happen at the back end of cars, but it can also result from sports accidents, physical abuse and other types of traumas, such as falls.
Whiplash may be called a neck sprain or strain, but these terms also include other types of neck injuries. Most people with whiplash are able to get better within a few weeks by following a treatment plan that includes pain medication and exercise.
Whiplash Symptoms
The symptoms of whiplash can include:
- Pain in the neck area
- Reduced mobility due to muscle strain
- Dizziness caused by spinal injury
- Tenderness around the spine area
- Dull headaches caused by strain on nerves and muscles surrounding the head, neck and shoulders areas.
- Tiredness may occur because you are unable to move normally or perform activities such as driving or working out without pain.
How much can i claim for whiplash injury?
The cost of any physiotherapy, acupuncture and GP visits required to treat the injury in the meantime will form part of the claim for special damages separately from the claim for general damages.
To proceed with an whiplash injury claim, you may be entitled to compensation for the injury and added expenses you may have incurred. These claims are called damages.
What are General, Special and Material Damages?
General Damages
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident.
Special Damages
Special damages are out of pocket expenses incurred as a result of a whiplash injury, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the injury. This is also called economic damages.
Material Damages
Material damage refers to the damage to your personal property that you may experience in a road traffic accident. For example, if you were involved in a car accident, the material damage would be to your vehicle.
Whiplash Injury FAQs
How long does it take to settle a whiplash case?
When you have whiplash, it may take a few months to settle the claim. But of course, this depends on a number of factors, such as:
- The extent of your injuries may mean that you cannot make a claim straight away.
- Getting your documents together – depending on the complexities of your case, it may take time to gather certain documents.
- The Injuries Board – And then, when all the papers are in order, we’ll send your case to the board. They’ve got 9 months to get back to us with their assessment.
- Assessment – Once the Injuries Board has replied with their assessment, you will have 28 days to either accept or reject.
- Legal proceedings – If you move to this stage, your solicitor will move immediately to issue proceedings. It is likely that your case will settle before having to step foot into a courtroom, but the time it takes to get a settlement meeting will depend on factors such as the availability of barristers and the other side.
How long do I have to make a whiplash injury claim?
Children have two years to make a whiplash claim from their eighteenth birthday. Another exception is in cases where someone was incapacitated before the accident.
Such a person lacks the capability to make a claim themselves, and their family member can bring proceedings forward. Most personal injury cases must first be assessed by the Injuries Board, while some will proceed to court, and in some cases, the party at fault will offer settlement.
Can a whiplash claim be refused?
To answer the question of ‘Can a whiplash claim be refused?’, the answer is yes.
Let us look at the reasons that a whiplash claim may be rejected. Potential issues that could lead a whiplash claim to be rejected can include the following:
- You do not have sufficient proof that you’ve been injured
- The insurer of the driver you’re trying to claim against believes you’ve exaggerated your injuries (and you cannot prove otherwise)
- There is insufficient evidence that another driver was at fault for your accident
- Your claim has not been started within the personal injury claims time limit relevant to your case
Our team of solicitors is here to help you no matter where in Ireland you’re based.
Our experienced solicitors will identify this and help you source the expert medical reports required. We will support you each step of the way.
Call us now on +353 1 264 5555 to speak to a member of our team.
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Step 1. Meeting To Discuss Your Case
To get a better understanding of your case and the injuries you’ve suffered, we’ll organise a consultation with you and the personal injury solicitor best suited to your needs. We can do this over the phone, at our offices or even by video call. We will explain terms such as ‘no win no fee’ and how an injury claim works.
Step 2. Arrange the medical report
Once we’ve assessed your case, we’ll send for your medical reports to be collected from a medical professional.
Step 3. Present the case to the Injury Board
Our highly experienced personal injury* solicitors will put together a detailed and strategic case designed to get you the claim you deserve. We’ll then present this case to the Injury Board.
Step 4. The Injury Board assesses your case
After we’ve presented your case, the Injury Board will assess how much of a *claim you’re likely to win.
Step 5. Decide to accept or reject the offer
As soon as you receive an offer from the injury board, our solicitors will give an honest assessment into how fair they think it is. This will help you decide whether or not to accept it.
Step 6. You receive your *Claim / Go to court
If you choose to accept the offer, an “order to pay” will be sent to the other party and you’ll receive your *claim. If you choose not to accept the offer, our personal injury* team will prepare your case for court.