In Queensland, you can be eligible to make a whiplash claim when you are injured in a car accident that was not your fault. Your right to claim common law damages for whiplash injuries can then be explained by whiplash compensation lawyers.
The Car Accident Compensation Lawyers QLD offers free initial legal advice that can explain if you qualify for a whiplash injury compensation claim. Furthermore, all our road accident legal services come with a genuine 100% no-win, no-fee, no-risk guarantee. It’s free to learn your options.
If you have experienced whiplash due to someone else’s negligence, you may be entitled to claim compensation for your financial losses (under the Motor Accident Insurance Act 1994) regardless of how the accident occurred. Even if you were partly to blame (have contributory negligence), you could still qualify for common law damages.
The Car Accident Compensation Lawyers QLD can explain your eligibility and what you must prove to access personal injury benefits during a free case review. Call 1800 860 777
Our QLD whiplash compensation lawyers offer a free claim review that can explain your rights and the following:
Pay only for a win and nothing if you lose. It’s free to know your options. Call 1800 860 777
Queensland personal injury legislation protects your right to make a common law claim when the negligence of others causes you to suffer whiplash injuries or another serious neck injury. These same laws impose strict time limits for commencing legal action against the liable insurance company.
No fluff, spin or legal jargon, just straight up honest advice you can actually use.
Know your entitlements
Whiplash injury patients sometimes find it challenging to work, which means their finances struggle to cover the cost of legal advice. But the Car Accident Lawyers QLD are a genuine 100% no-win-no-fee whiplash law firm, which means the following:
Our motor vehicle accident team provides a free claim assessment that explains our 100% no-win, no-fee, no-risk guarantee for personal injury claims advice. Call 1800 860 777
Our whiplash lawyers offer legal advice for motor vehicle compensation claims, led by Kerry Splatt, a QLS-accredited specialist Personal Injury Lawyer.
A specialist personal injury lawyer undergoes extra legal training and exams that give them extensive knowledge of compensation legislation. They can offer further expertise to an injured person seeking advice about the claims process and what it takes to achieve a successful outcome.
We utilise the latest technology, enabling our QLD-wide team to explain your legal rights wherever you live in our great state.
How much compensation you get in a whiplash claim settlement depends on several variables, including
A settlement of personal injury benefits considers ‘heads of damages,’ including:
Experienced compensation lawyers understand how QLD accident laws help determine the whiplash compensation average payout amounts.
There is no set payout amount for a whiplash claim because settlement figures depend on individual circumstances.
It is also challenging to determine average payout amounts for whiplash claims because most personal injury cases settle through mediation with a confidential outcome. Only cases that settle through court proceedings have a published payout amount.
Below are three “real-world” Queensland whiplash claims that show common law payout amounts.
Case | Occupation | Degree of Impairment | Whiplash Payout Amount |
|---|---|---|---|
Jackson v. Bishop | Rentals Manager | Unknown | $144,085.16 |
O’Brien v Merton | Nurse | 3% | $41,560 |
O’Connor v Wright | Canteen Worker | 2% to 5% | $29,900 |
Whiplash is typically an injury to the neck and neck muscles that occurs when the head suddenly moves backwards and then forward. This type of soft tissue injury commonly occurs during car accidents, especially rear-end collisions, but can also result from:
When whiplash occurs, the sudden force causes the neck to snap back and forth violently, leading to a range of physical and psychological injuries that can make a whiplash injury even more complicated.
Common whiplash symptoms can include chronic neck pain and headaches. But other symptoms include the following:
These symptoms can appear immediately after the incident or develop gradually over the coming days or sometimes weeks. Whiplash sufferers often experience chronic neck pain and a limited range of motion that impacts their daily life and work capacity.
The severity of whiplash injuries can vary significantly. While some whiplash sufferers recover within a few days, others may endure ongoing symptoms and complications for a few weeks or months.
Immediate medical attention and a professional treatment plan can manage the chronic discomfort and limited mobility accompanying this type of personal injury.
The responsible insurance company funds the personal injury benefits of a successful whiplash claim. The at-fault driver’s CTP insurer will be responsible for paying damages in the event of whiplash in a car accident.
In Queensland, the Motor Accident Insurance Commission (MAIC) governs the compulsory third-party (CTP) insurance scheme. Consequently, injured road users can access compensation for road accident injuries that were not their fault.
Experienced legal representation can help you understand how to work through the steps of the whiplash claims process.
Proving who was at fault for the accident is the main requirement for a successful whiplash compensation claim. However, determining who was responsible also depends on the type of accident.
Most whiplash car accident claims arise from rear-end collisions. When a car hits you from behind, the driver of that vehicle is typically at fault.
Slip-and-fall accidents: Property owners and managers have a general duty to take reasonable measures to ensure the safety of their users. If someone falls and suffers whiplash, they are usually at fault (depending on the circumstances)
Sporting accidents: Recreation and sporting venue operators and owners must take reasonable care of people using their grounds and facilities. Consequently, you could have a valid whiplash claim if something goes wrong.
Amusement parks: Theme and amusement parks can also be liable when someone is injured while using their premises.
Applying for compensation through insurance can be complex and challenging to navigate without legal assistance. CTP insurance companies typically aim to boost their profits by minimising their obligation to pay compensation for whiplash injuries. They employ various tactics to achieve this outcome, including claiming that you contributed to the accident (were partly to blame).
All legal claims are based on solid evidence that proves a whiplash injury was:
Further complications can occur when you have a preexisting medical condition or engage in other activities that could exacerbate the soft-tissue damage.
An experienced whiplash lawyer understands the tactics insurers use to limit liability and what you must prove for a successful outcome.
There are strict time limits in Queensland for lodging a whiplash injury claim. There is a general time limit of three years from the accident date for filing a common law claim. For car accident claims for whiplash compensation, you must lodge a CTP insurance claim within the earlier of either:
An injured person must follow these deadlines to avoid losing their right to seek compensation.
If the at-fault driver is unknown or unregistered, the strict time limits are reduced, requiring claims to be lodged with the Nominal Defendant three months of the accident date.
The Car Accident Compensation Lawyers QLD provide free professional advice regarding time limits for motor vehicle accident claims. Call 1800 860 777
People who have suffered personal injuries in motor vehicle accidents have the right to seek legal advice about their entitlements and the steps to seek compensation for their loss.
Our whiplash lawyers can explain how to negotiate fair compensation for whiplash injuries and help ensure that medical assessments meet specific legal criteria.
The Car Accident Compensation Lawyers QLD provides a free case assessment that explains if you have a valid case and your entitlements. Furthermore, all our whiplash legal services come with a genuine 100% no-win, no-fee, no-risk guarantee. It’s free to learn your options. Call 1800 860 777
Resolution of whiplash compensation claims can take 6 to 18 months, depending on various factors, including complexity and the available documentation.
Whiplash usually goes away in a few weeks or months. While some people have a speedy recovery, others can experience long-lasting symptoms. Fortunately, an effective medical treatment plan can help accelerate recovery.
Whiplash is a neck injury resulting from the rapid back-and-forth movement of the head, often during rear-end car collisions or slip-and-fall accidents.
To support a whiplash compensation claim, you need to gather essential evidence such as
Comprehensive evidence significantly enhances the strength of a claim.
In Australia, common law judgements show that compensation for a whiplash injury can range from:
The injury’s severity, lost earnings, and outlays for medical expenses all help determine the settlement value.
