If you have been the victim of a <a href="https://www.shine.com.au/service/motor-vehicle-accidents/">car or road accident</a>, either as a driver or passenger, and suffered personal injuries or trauma such as whiplash, <a title="Back Injury Compensation Claims" href="https://www.shine.com.au/service/personal-injury-lawyers/serious-injury/back-injury-compensation-claims/">back injuries</a>, <a title="Neck Injury Compensation Claims" href="https://www.shine.com.au/service/personal-injury-lawyers/neck-injury-compensation-claims/">neck injuries</a>, <a title="Head Injury Compensation Claims" href="https://www.shine.com.au/service/personal-injury-lawyers/serious-injury/head-injury-compensation-claims/">head</a> <a title="Brain Injury Compensation Claims" href="https://www.shine.com.au/service/personal-injury-lawyers/serious-injury/brain-injury-compensation-claims/">or brain injuries</a>, you may be entitled to compensation.
A whiplash injury claims lawyer can advise you on your rights and the legal options available to you following an accident on the road.
What can my whiplash injury claim recover compensation for?
Your whiplash injury claim typically covers all of your physical and psychological injuries and losses, including past and future costs or expenses related to your injury.
Some examples of the things you might be able to claim include:
- Medical, rehabilitation and hospital expenses
- Loss of earnings
- Pain and suffering
- Loss of enjoyment of life
- Home help and nursing provided by anyone, paid or unpaid, if it meets certain conditions.
For many people, the insurer will agree to pay some or all costs for your ongoing treatment, so that you’re not out of pocket while you’re waiting for the claim to be finalised.
The whiplash injury legal process
Each case involving whiplash is as unique as the individual bringing it, and we tailor our legal services for each particular case. However, the below video provides a simple, step-by-step guide to bringing a compensation claim with Shine Lawyers:
How whiplash injury compensation gets calculated
Depending on the nature of your whiplash injury claim, a monetary value is usually placed on the gap between your predicted life path before the injury, and your actual life path since the injury.
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Common questions about Whiplash Injury Claims
When making a claim for whiplash injury compensation, your legal team will generally need to prove that:
- The person who caused the injury owed a ‘duty of care’ for your safety;
- The duty of care was breached (for example, they ran a red light), and;
- You have been injured as a result of the accident.
The laws surrounding whiplash injuries differ across Australian states and territories and depend on a number of circumstances. It’s important to seek expert legal help to ensure you get the right advice for your particular situation and make sure your rights are protected.
If you decide to take legal action following your whiplash injury and are wondering who will pay your compensation, in most cases, it’s the insurance company of the driver who is responsible for the accident that will pay the compensation.
The driver won’t pay out of their own pocket so they won’t have to find lawyers to help them. Their car insurance company will deal with everything.
How long your whiplash injury claim takes will depend on how complicated your situation is, how serious your injuries are, and what treatment you’re likely to need before your injuries stabilise.
An expert whiplash injury lawyer will be able to give you a good idea as to the time frames you could expect once they know a bit more about your situation.
Yes. There are strict time limits in which you are able to bring about a claim for compensation. These vary from state to state so it is very important you seek legal help right away.
The time limit can be much shorter for certain claims so we recommend you seek legal advice straight away following an accident.
We work on a No Win No Fee basis for all whiplash injury and motor vehicle accident claims, so you will only pay our legal fees if you win your case.
Your legal costs will depend on the amount of work required to resolve your claim and each situation is different.
It is possible to legally represent yourself when making a compensation claim. Doing so successfully will likely require a thorough understanding of the law, your legal rights and entitlements, and a commitment to actively pursue the case to move it forward.
Most people making whiplash injury compensation legal claims choose not to act for themselves and instead engage an expert compensation lawyer. The best compensation lawyers can provide the knowledge and experience required to help guide a case to a successful outcome.
Shine Lawyers has offices in the following locations across Australia. As part of our service offering, home or hospital appointments can be arranged at your convenience.
Our compensation experts are in the following locations:
New South Wales
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast
Shine Lawyers has expert No Win No Fee lawyers that can help you determine your rights and bring forward a motor vehicle accident claim on your behalf. The below links contain further information regarding your legal options.
Shine Lawyers also has accredited specialists in personal injury law in Australia:
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