Whiplash Injury Claim
Whiplash injuries occur due to a sudden back-and-forth movement of the neck, often resulting from car accidents, causing neck pain and stiffness.
Causes of whiplash injury
In Ireland, the major causes of whiplash injury claims typically involve situations where a person’s neck is subjected to a sudden and forceful movement, resulting in injury. The most common causes of whiplash injuries and subsequent claims include:
1. Car accidents
Rear-end collisions are a frequent cause of whiplash injuries. When a vehicle is struck from behind, the impact can cause the neck to jerk forward and backward rapidly, leading to whiplash. Read More
2. Sports injuries
Certain sports activities, particularly contact sports like football or rugby, can result in whiplash injuries. Collisions or tackles that forcefully jerk the head and neck can lead to whiplash. Read More
3. Slips, trips, and falls
In some cases, falls or accidents where a person’s head is suddenly jolted can result in whiplash injuries. For example, slipping on a wet surface or tripping and falling can cause the head and neck to abruptly move. Read More
4. Assaults or physical attacks
Violent acts that involve blows to the head or forceful shaking can cause whiplash injuries. These incidents can occur in various settings, such as physical altercations, domestic violence, or assaults.
It’s important to note that each whiplash injury claim is unique, and the specific circumstances surrounding the incident will play a crucial role in determining liability and the success of the claim. Consulting with a qualified solicitor experienced in personal injury claims is recommended to evaluate the specifics of your situation and provide appropriate legal guidance.
Source: Personal Injuries Guidelines
1. Most severe neck injuries
- Injuries associated with incomplete paraplegia or resulting in permanent spastic quadriparesis, severe headaches, and limited neck movement: €150,000-€300,000
- Injuries involving serious fractures, damage to discs, or damage to the brachial plexus combined with neck movement loss and limb function loss: €100,000-€150,000
2. Severe and serious neck injuries
- Injuries requiring spinal fusion, severe damage to soft tissues, chronic conditions, and significant disability: €70,000-€100,000
- Injuries with less serious fractures, but still causing severe symptoms and pain: €50,000-€70,000
- Soft tissue injuries, disc lesions, cervical spondylosis, limitation of movement, recurring pain, and potential need for surgery: €35,000-€50,000
3. Moderate neck injuries
- Injuries that accelerated or exacerbated a pre-existing condition over a shorter period, with increased vulnerability to trauma or minimal permanent symptoms: €12,000-€23,000
4. Minor neck injuries
- Injuries with substantial recovery within one to two years or shorter-term acceleration/exacerbation of pre-existing conditions: €6,000-€12,000
- Injuries with substantial recovery between six months to one year or short-term acceleration/exacerbation of pre-existing injuries: €3,000-€6,000
- Injuries with substantial recovery within six months: €500-€3,000
Please note that these ranges are provided as general guidelines and may not reflect the specific circumstances of an individual case. It’s advisable to consult with a qualified solicitor for precise advice regarding your specific situation.
Types of whiplash injuries
In Ireland, whiplash injuries can vary in terms of their severity and symptoms. The types of whiplash injuries commonly seen include:
- Soft tissue injuries: These are the most common type of whiplash injuries. They involve damage to the muscles, ligaments, and tendons in the neck. Symptoms may include pain, stiffness, and limited range of motion.
- Cervical sprain/strain: This refers to the stretching or tearing of the ligaments or muscles in the neck. It can result in pain, swelling, and difficulty moving the neck.
- Whiplash Injuries: Whiplash can cause damage to the spinal discs, which are the cushioning structures between the vertebrae. This can lead to symptoms such as neck pain, radiating arm pain, and numbness or tingling in the arms.
- Fractures: In severe cases, whiplash injuries can cause fractures in the cervical spine (neck bones). Fractures may require immediate medical attention and can result in significant pain, instability, and potential nerve damage.
What to do after a whiplash injury?
If you experience a whiplash injury, it’s important to take certain steps to protect your health and potential legal claim:
- Seek medical attention: It’s crucial to see a healthcare professional promptly after a whiplash injury, even if symptoms seem mild. They can assess your condition, document your injuries, and recommend appropriate treatment.
- Document the incident: Gather information about the incident that caused your whiplash injury. This may include taking photos of any visible injuries, noting the date, time, and location of the incident, and obtaining contact information of any witnesses.
- Report the incident: If the whiplash injury occurred in a car accident, report it to the Garda and your insurance company. For other situations, report the incident to the appropriate authority, such as a supervisor or property owner.
- Keep records: Maintain a file with all relevant documentation, such as medical records, receipts for expenses related to the injury (e.g., medical bills, transportation costs), and any correspondence with insurance companies or legal representatives.
- Consult a solicitor: If you believe you may have a valid whiplash injury claim, it’s advisable to consult with a solicitor who specialises in personal injury claims. They can assess the merits of your case, guide you through the legal process, and help you seek compensation if appropriate.
Remember that this information is meant to provide general guidance, and it’s important to consult with a solicitor for personalised advice based on your specific circumstances.
Statute of Limitations
You have two years from the date of the accident within which to issue proceedings. If you are under 18, a separate set of rules apply, and we would recommend you contact our solicitors to discuss these. Learn more about the statute of limitation
Our dedicated team has a collective experience of over 30 years, and we are ready to advise and assist you with your building site accident claim. Our team can guide you through the PIAB application and advise on the best course of action to take, to ensure you are awarded the fairest compensation for your individual case.
At Coleman Legal LLP, we understand our client’s circumstances. We understand that because you are reading this part of our website, you have likely been involved in an accident and perhaps have been injured. It’s at times like this that you need the support of an experienced firm that can assist you with the practical issues that now confront you as a result of the fault of another. For example, you may need to understand your Social Welfare entitlements should you be out of work. Also, it’s important for you to know that your legal advisers will obtain all of the important Reports that may be required to ensure that you get the best outcome in your case.
We provide a national service and can meet you locally to ensure that you have a voice and access to the best advice and resources that may be needed in your particular case. Our service is about you, the client and we speak plain English with no unnecessary legal jargon. Our teams have dealt with thousands of claims over many years and pride ourselves in our respectful and concerned approach to all of our clients.
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