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.
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.
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.
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 of the incident will play a crucial role in determining liability and the claim’s success.
Consulting with a qualified solicitor experienced in personal injury claims is recommended to evaluate the specifics of your situation and provide appropriate legal guidance.
Whiplash injury claim compensation amount
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 a whiplash injury claim.
Types of whiplash injuries
In Ireland, whiplash injuries can vary in 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 damage the spinal discs, 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 containing all relevant documentation, including medical records, receipts for injury-related expenses (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 for a whiplash injury claim. If you are under 18, a separate set of rules applies, and we recommend that you contact our solicitors to discuss them.
Learn more about the statute of limitation
Frequently Asked Questions
Are whiplash injury claims treated differently under the 2021 Personal Injuries Guidelines in Ireland?
In Ireland, whiplash and soft tissue neck injury claims are now assessed under the Personal Injuries Guidelines 2021, published by the Judicial Council.
These Guidelines replaced the Book of Quantum and introduced specific compensation bands for whiplash injuries based on severity and duration of symptoms.
The changes significantly affected the value of many soft tissue neck injury claims, with stricter criteria applied to lower-severity claims.
It is important to obtain a thorough medical assessment and legal advice to understand how the Guidelines apply to your specific injury.
How long do I have to make a whiplash claim after a road traffic accident in Ireland?
In Ireland, the time limit for making a whiplash injury claim is two years from the date of the accident, under the Statute of Limitations (Amendment) Act 1991.
If you did not immediately connect your symptoms to the accident, for example, because they developed or worsened over subsequent days, the clock may run from the date you first knew or ought reasonably to have known that your injury was attributable to the accident.
Early legal advice is recommended to ensure your claim is progressed within the time limit.
What evidence do I need to support a whiplash injury claim in Ireland?
In Ireland, a whiplash injury claim is typically supported by a combination of the following:
- A medical report from your GP or an independent medical examiner documenting your symptoms and treatment;
- Records of any physiotherapy or other treatment you received;
- A Garda report or exchange of details from the accident scene;
- Witness details where available, and
- Evidence of any financial losses (such as lost earnings or treatment costs).
The strength of the medical evidence is particularly important given the requirements of the Personal Injuries Guidelines 2021.
Can I claim for whiplash if the accident was partly my own fault?
In Ireland, you may still be entitled to bring a whiplash injury claim even if the accident was partly your own fault.
Under section 34 of the Civil Liability Act 1961, contributory negligence reduces but does not eliminate the damages you can recover.
The court will apportion responsibility between the parties, and your award will be reduced by the percentage of fault attributed to you.
This is known as the contributory negligence principle. Your solicitor can advise on the likely impact of any shared fault on the value of your claim.
Does a whiplash claim have to go through the Personal Injuries Resolution Board?
In Ireland, a whiplash injury claim arising from a road traffic accident must be submitted to the Injuries Resolution Board (IRB) before court proceedings can be issued, unless an exemption applies.
IRB will attempt to assess the quantum of the claim.
If both parties accept the IRB assessment, the matter is concluded without going to court.
If either party rejects the assessment, IRB issues an authorisation permitting court proceedings to be brought.
The PIRB process is mandatory; issuing court proceedings without first applying to IRB will result in those proceedings being struck out.
