Whiplash Injury Claim

According to the Motor Accidents Authority of New South Wales, “Whiplash is what happens when someone’s head moves forwards and then backwards quickly…causing injury to the neck”.

People who have been involved in a motor vehicle accident generally suffer some degree of whiplash ranging from neck stiffness to arm pain and numbness. Even people who walk away from a motor vehicle accident feeling shaken, but unhurt can experience whiplash symptoms days after the actual accident. According to statistics gathered by the Motor Accidents Authority, whiplash is the most frequent injury in motor accident compensation claims.

How is Whiplash Diagnosed?

If you are involved in a motor vehicle accident and start experiencing neck or shoulder pain, the most important thing to do is make an appointment to see your doctor. During the appointment with your doctor, ensure you inform them that you were involved in a motor vehicle accident and describe the symptoms you have experienced since the accident.

It is important that you obtain medical advice to ensure that when you make a claim for compensation for personal injury you have evidence that you attended your doctor displaying symptoms of whiplash.

If you are experiencing severe pain and discomfort, your doctor may diagnose you as suffering from a ‘Whiplash-Associated Disorder’ (WAD). A WAD can manifest in different ways in different people, but some common symptoms include:

  • A lack of improvement in your Whiplash injury since the time of the motor vehicle accident
  • Neck pain, including stiffness to the point where you experience pain and difficulty in doing normal everyday tasks such as turning your neck when parking your car
  • Arm numbness and weakness including pins and needles in your arm
  • Nausea, drowsiness or confusion
Can I claim Compensation for Whiplash?

If you have suffered Whiplash as a result of a motor vehicle accident that was not your fault or only partially your fault, then you are entitled to make a claim for compensation under the motor accident compensation scheme.

The amount of compensation you receive will depend on the severity of your Whiplash injury and whether you have been diagnosed with a WAD. However, even in mild cases of a Whiplash injury you will still be entitled to payment of your medical and rehabilitation expenses, any loss of wages and payment of your legal expenses. If you have been diagnosed with a WAD then you may also be entitled to lump sum payments of compensation if you have suffered a permanent impairment, and lump sum payments of compensation for your pain and suffering in certain circumstances.

Gerard Malouf & Partners are not a giant publicly listed law company but a highly specialised and focused firm.

We are small enough to have the privilege of caring intimately for our clients but large enough to have the solid financial, medical and expert resources our client’s need in their successful compensation claims.

For free over-the-phone advice or to take advantage of our free face-to-face consultation call our expert legal team today on 1800 004 878.