A whiplash injury is usually associated with road traffic accidents where you have been hit from behind by another vehicle and your head has been snapped forwards and backwards in quick succession, hyper-extending the ligaments at the top of the spine and producing symptoms which include pain and stiffness in the neck, shoulders and lower back.
There are many other circumstances in which it is possible to sustain a whiplash injury – mostly involving slips, trips and falls where you bang your head on impact with a hard surface. Often the symptoms of your whiplash injury are masked by other physical injuries you have sustained.
You might also suffer secondary symptoms when you sustain a whiplash injury. These can include headaches, dizziness, other vision problems and insomnia. So it is always in your best interest to seek a medical examination after any scenario in which you may have sustained a whiplash injury.
Whiplash Injury Compensation
If you injury has been due to an accident for which you were not wholly to blame, you are entitled to claim whiplash injury compensation. In order to do this, you would submit an application to the Injuries Board Ireland, supported by a copy of your medical notes and the accident report compiled by the Gardai.
The Injuries Board Ireland will assess your whiplash injury compensation claim, based on an independent medical examination and provided that the negligent party accepts full liability for your injuries. Failure to do so will mean that the Injuries Board Ireland will decline your claim for whiplash injury compensation, and issue you with an authorization to pursue your whiplash injury claim through the courts.
You may also find that you are approached by the negligent party´s insurance company with an offer of early settlement for your whiplash injury compensation claim. This initial offer is usually far below what would be assessed by the Injuries Board Ireland, and although a better settlement of whiplash injury compensation can be agreed by negotiation, this is best left to an experienced personal injuries solicitor.
Whiplash Injury and Solicitors
As a whiplash injury is one of the most common injuries sustained in road traffic accidents, many personal injury claims solicitors are familiar with helping a client make a claim for whiplash injury compensation. Specialist personal injury claims solicitors are also up to date with the special damages you are entitled to claim for out of pocket expenses incurred due to your injury and any loss of earnings if your whiplash injury has prevented you from working.
As a whiplash injury is notoriously difficult to diagnose accurately, a solicitor may wish you to see a specialist medical practitioner prior to applying for whiplash injury compensation, but the extra effort will be worth it if an ailment which was previously unrecognised comes to light.
It is always in your best interests to speak with a specialist personal injury claims solicitor as soon as any risk to your long term health has been eliminated. Involving a solicitor from the very beginning of your claim for whiplash injury compensation will ensure that he is up to speed with your case should the party responsible for your injuries deny their liability, or claim you contributed to them by your own lack of care.
Whiplash Injury Litigation
Any doubts about liability for your whiplash injury claim will cause the Injuries Board Ireland to decline your claim for whiplash injury compensation, and issue you with an authorisation to pursue your claim through the courts. You will need legal representation to do this, and because of time limits imposed by the Statute of Limitations, it is better for you if you do not have to start explaining your whiplash injury claim to a solicitor all over again.
Litigation may also be required if the Injuries Board Ireland assessment is inappropriate to your injuries or the liable party disputes the amount. Although settlement of your whiplash injury compensation is usually negotiated before a court appearance is necessary, it is important that your solicitor has the strongest possible case prepared for your whiplash injury compensation claim.
A court appearance would be required for any settlement of whiplash injury compensation which involves children under 18, as it has to be approved in court before payment can be made. A whiplash injury claim concerning a child has to be made by a parent or legal guardian acting as their “next friend” and your solicitor will be able to give you more information about this process.
Whiplash Injury Summary
The above only just scratches the surface of the complications that can arise in a claim for whiplash injury compensation. A whiplash injury claim should be made with reference to the individual circumstance of the individual and how the whiplash injury has affected their quality of life.
If you have sustained a whiplash injury in an accident for which you were not entirely to blame, and would like to discuss your entitlement to whiplash injury compensation, you are invited to call us on 1-800 989 999 and receive a free assessment of your whiplash injury claim.
The service is completely confidential and there is no obligation on you to proceed with a whiplash injury compensation claim once you have spoken with us. We will also provide you with helpful and practical information about your claim and offer advice on what steps you should take next.
Your first step should be to give us a call on 1-800 989 999. If now is not a convenient time to speak with us, please complete your contact details in the call-back form provided, and one of our experienced personal injury claims solicitors will get back in touch at a more suitable time.