Whiplash Injury Claims

The most common form of injury from a car accident rear end collision is the injury to the neck commonly referred to as “whiplash”.

The term “whiplash” is used to describe the movement of the neck in certain types of vehicle collisions commonly those involving rear end collisions or vehicles coming to a sudden halt as a result of a collision or emergency braking.

The neck and spine will commonly be jolted forward and backwards in a whipping and lashing type motion which can commonly cause damage to the soft tissue structures of the spine such as muscles, ligaments and in some cases intervertebral discs.

The term whiplash is a term commonly used by people involved in these types of collisions and in many cases a whiplash injury is thought to comprise a very minor injury.

Unfortunately many people who have been involved in these types of collisions and suffered a personal injury as a result of the whiplash (flexion/extension) type movement caused by such a collision, will tell you that the symptoms suffered as a result of these injuries are anything but minor.

Whiplash symptoms can include pain and stiffness of the neck and spine, headaches and in some instances referred pain through the arms and legs or even nerve pain in more serious cases of spinal whiplash injuries. The symptoms can be severe, debilitating and protracted.

How long does whiplash last?

The symptoms from a soft tissue injury to the spine are of an unpredictable nature.

Thankfully many people make a quick recovery and are able to go back to their normal lives with minimal inconvenience.

Unfortunately many people find the symptoms caused by the injury to the soft tissue structures of their spine as a result of whiplash to cause prolonged symptoms which are resistant to treatment, affect all aspects of day to day life and linger for many months if not years.

In worst cases people many never make a full recovery from the symptoms of these types of injuries.

How long does it take to recover from whiplash injury?

The time needed to recover from a soft tissue injury to the spine caused by a whiplash mechanism is unpredictable.

Many factors may be responsible for this including, age, general health condition and fitness. Some people find treatment such as physiotherapy helpful while others find it of no assistance. Even the medical profession find it hard to predict recovery rates and outcomes when dealing with a whiplash injury.

In some cases the recovery time for a whiplash injury may be very quick and in others a person may take months if not years to recover.

Can you prove you have whiplash?

Whiplash itself is not a term used to describe an injury to the back, spine or neck pain as a result of a motor vehicle accident.

Whiplash describes the mechanism of forces placed on the spine and how the spine moves in sudden impact motor vehicle accidents.

Consequently there is no need to prove that you have “whiplash injuries” but rather that you have suffered some sort of injury responsible for the symptoms that you are experiencing.

Most doctors will accept that you have suffered an injury to your neck or back as a result of a sudden impact collision in the event that you commence suffering symptoms within a short period of time following the accident.

In some instances radiological investigations such as x-rays, CT scans and/or MRI scans may show specific damage to the spine including bulging or herniated spinal discs which may have been caused by severe impact collisions.

In many cases the radiological scans will not show any obvious damage.

In any case involving injury as a result of a car accident it is necessary to rely on the medical opinion of qualified expert medical practitioners to prove your injuries.

Bradford Legal have been doing so on behalf of injured car accident victims for well over 20 years and have the skills, experience, expertise and team to assist you in proving your injuries and whiplash claim.

How to claim for whiplash

In the event that you have suffered any type of injury in a car accident it is necessary to notify the Insurance Commission of Western Australia that you have been involved in a crash (or otherwise injured by a motor vehicle such as being run over as a pedestrian or knocked off your bicycle).

In the event that you have suffered injuries for which you need to claim expenses for medical treatment or other associated losses, it is necessary to notify the Insurance Commission of Western Australia that you intend to make a claim for your injuries.

Bradford Legal’s experienced compensation lawyers are able to guide you through your claim for whiplash and assist with all aspects of the whiplash claims process.

Once the Insurance Commission has been notified that you intend to make a claim they will determine whether they are liable for your injuries.

The Insurance Commission is only liable for injuries caused as a result of negligent driving of a motor vehicle. If the accident is solely your fault then you will not have a compensation claim however if the accident has been caused even partly by the fault of another driver, then you may be able to claim in respect of your injuries.

Bradford Legal are able to assist you not only with the whiplash claims process but with guiding you through your treatment and recovery and ultimately achieving a lump sum compensation settlement outcome for you to minimise the damaging effect of your injury on your day to day life.

How much compensation do you get for whiplash?

There are no set amounts of compensation for any particular injury suffered in a motor vehicle accident, including a whiplash injury claim.

Your whiplash injury compensation should compensate you for losses caused by your injuries such as:

a) your pain and suffering, loss of enjoyment of life and loss of amenities of life;

b) any loss of income and any potential future loss of income;

c) any reasonable medical expenses and any potential future medical expenses; and

d) any needs created for you by the accident including the need for help either of a personal nature or for assistance with activities that you can no longer carry out by yourself or for yourself;

e) any other expenses arising directly as a result of the injuries.

Some of the compensation (usually referred to as damages) you may be entitled to is limited or otherwise affected by the Motor Vehicle (3rd Party Insurance) Act.

The personal injury lawyers at Bradford Legal have expertise in advising you as to what your compensation claim is worth.

Bradford Legal will assist you will all aspects of your whiplash injury claim including advising you as to a reasonable amount of compensation and pursuing that compensation outcome for you using all of their considerable experience and expertise acquired over many years of assisting car accident victims.

Bradford Legal are ranked as the leading law firm in Plaintiff motor vehicle accident injury compensation law in Western Australia reflective of our ability to successfully represent you and obtain the best possible compensation outcome : https://doylesguide.com/leading-motor-vehicle-accident-compensation-law-firms-plaintiff-western-australia-2019/

If you have been involved in a motor vehicle accident and want to claim whiplash injury compensation, contact the expert whiplash injury claim lawyers at Bradford Legal.

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