Change location v

Whiplash Injury Compensation Claims

Overview

Neck injured after a motor vehicle accident?

The injuries received in a serious motor vehicle accident can last a lifetime. Injuries are not only physical losses but emotional distress or post-traumatic stress as well. One of the most serious categories of potential neck injury is whiplash.

Whiplash is an injury to the neck or upper back caused by rapid, often unexpected movement, such as the impact of a car crash. While the complications caused by whiplash can be relatively mild, these injuries can also cause lasting neck pain that impacts the victim’s quality of life and the ability to work.

If you or a loved one are having trouble achieving a reasonable payout from your insurer to help heal from the damage of whiplash, then you should contact the experts at Gerard Malouf & Partners. Our legal team includes experts on motor vehicle accident claims who work on a “no win, no fee” basis to get people like you the reprieve they deserve.

What does whiplash injury compensation cover?

The potential payout amount for a whiplash injury will vary based on the severity of your case and the impact it has had on your quality of life and ability to work.

Typically, if you have been diagnosed with WAD, or ‘Whiplash-Associated Disorder,’ by either a general practitioner or specialist, you are likely to see a higher payout. WAD is the formal term for a serious whiplash injury in which symptoms such as neck pain, stiffness or muscle spasms are present.

A diagnosis from a medical professional establishes the legitimacy of your injury, whether a minor soft tissue injury, or a major head injury, and makes it more likely that an insurer will cover your needs.

Some of the most common factors considered in the amount of a payout include:

Cost of immediate treatment

This covers your initial visits to a hospital and related specialists for urgent treatment. Some symptoms of a whiplash injury after a car accident include:

  • Neck pain
  • Neck stiffness
  • Pain in your arm or hand
  • Low back pain
  • Dizziness
  • Ringing in your ears

The spinal injury involves not only the muscles in your neck but the discs, nerves and tendons as well.

Ongoing medical costs

These medical costs include medical treatment that will continue for an extended period of time or possibly indefinitely, such as physical therapy or at-home care. Whiplash injury symptoms will usually go away after a few days or within two weeks. However, if your injury starts to get worse and begins to impact your day-to-day, you should meet with a healthcare professional to start treatment.

Economic damages

If your injury has forced you to miss time at work or has hindered your ability to work without being in pain, you can claim any loss of earnings or superannuation. Compensation is still available even if you’re able to work but the capacity of which you can perform your job has decreased to any degree due to the road traffic accident.

Non-economic damages

You may be able to attain an additional lump sum for the physical and psychological distress known as “pain and suffering” caused by your injury. This can include any evidence of a loss in quality of life, emotional distress, inconvenience or even loss of companionship due to the injury.

Process

Process of making a whiplash injury claim

In almost every case, a compensation claim will be made to an insurance company, either your own or the insurance of the party shown to be responsible for your auto accident. After your motor vehicle accident, it is absolutely essential that you record as many details about the incident as possible through both photographs and thorough notes that include the information of all involved parties.

After the accident, you should seek immediate medical attention and follow through on any treatment suggested by your doctor. Being able to demonstrate that you made every effort possible to recover goes a long way in cases like these.

Whiplash is diagnosed by a medical professional by examining your health and may include X-rays. The doctor will likely ask you to perform neck, arm and head movements to gauge your level of pain and mobility, strength and reflexes.

Once you have established enough evidence of an injury, including a diagnosis from a medical professional and details about your accident, you should file an injury claim with your insurer. If your insurer downplays the injuries you have suffered or fails to deliver the compensation necessary to maintain your quality of life, legal intervention may be necessary.

Enlisting the help of a solicitor who specialises in an official injury claim can help you achieve a fair settlement.

Free Resources
Our guide to Motor Vehicle Accident Claims​

Download our guide to understand important time limits and processes that you need to follow to maximise your chances of success.

GErard Malouf & Partners

Proven solicitors and barristers

Experienced solicitors and barristers

For decades, Gerard Malouf & Partners has been helping injured people in need get the justice they deserve. Motor vehicle accident compensation is one of our specialties. In one major case, we helped our client attain a $450,000 payout following a serious whiplash injury.

The man was working as a taxi driver in the Penrith area when he was involved in an automobile accident, sustaining whiplash injuries that left bruising on his neck and upper back, as well as a concussion. Following the accident, the man was attended to by an accredited physician and underwent extended physiotherapy in an attempt to make a full recovery. Despite his best efforts, our client found that he was unable to work more than three to four hours, hurting his income. Despite these struggles, the man’s insurer denied his claim, downplaying the severity and impact of his injury. Desperate and looking for options, he talked to the specialists at Gerard Malouf & Partners.

Our legal team took quick and decisive action, making a claim for car accident compensation, as well as economic loss and preparing for negotiations with his insurer. While the Motor Accidents Authority ultimately decided that our client’s injuries did not meet the threshold for an autonomic pain and suffering payout, he was granted compensation for all past and future economic losses and medical treatment expenses. In addition, a claims assessor ultimately sided with us in our case against the insurance company, resulting in a satisfactory payout for our client.

For 35 years, Gerard Malouf & Partners has helped clients with motor vehicle accident claims. If you are seeking no obligation, free legal advice, contact our team today on 1800 004 878

We're here to help

Contact us for no-obligation legal advice about your claim.
Car Accident Lawyers
Free Resources
Our guide to Motor Vehicle Accident Claims

Download our guide to understand important time limits and processes that you need to follow to maximise your chances of success.

“I really appreciate all the hard work you put in for me during my case. I only have the highest regard for you and your team!”


Our Client
Our Team

Meet the Motor Vehicle Accident team

Meet some of the diverse and dynamic compensation lawyers that support our clients with their Motor Vehicle Accident claims. 

Rita Furfaro
Senior Associate
Vrege Kolokossian
Senior Partner
Garbis Kolokossian
Partner

We're here to help maximise your compensation

Call us now on 1800 004 878 to book a free appointment with one of our compensation experts, or make an enquiry online now.

Gerard Malouf
© 2022 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

Website Design by MediaSmiths

Your location is currently: