Car Accident Whiplash Injury Claim – Have you ever been involved in a car accident or road accident as a driver or passenger? Are you now suffering trauma or personal injury as a result? Back and head injuries are common in car accidents, and if you suffer them you may be entitled to compensation.
Here we’ll talk about how to file an injury claim after a car accident. In Australia, the Motor Accident Compensation Act 1999 gives eligible victims of road accidents the right to compensation for injuries caused (or in part) by the negligence of another party (the driver or owner of the vehicle). All vehicles registered in NSW carry green insurance to cover accident victims. If you have any doubts, contact one of our experienced car accident lawyers for further clarification.
Car Accident Whiplash Injury Claim
While it is difficult to generalize how much compensation you deserve without understanding the nuances of your case, injury compensation in Australia can be up to $20,000. While most neck injuries last only a few weeks with minor discomfort or a headache, severe neck injuries can cause persistent symptoms for which you may be entitled to higher compensation.
What To Do Immediately After Getting A Whiplash Injury
Read the infographic below for a more detailed explanation of what an “injury” is and how to file an injury claim after a car accident. Remember, there are time limits to pursuing a personal injury claim, so contact a personal injury attorney today.
In road accident claims, it is important to speak with a reputable law firm as soon as possible to obtain maximum compensation from your neck injury claim. The compensation lawyers at Owen Hodge are ready to take your call.
If you have been involved in a road accident and need legal advice, do not hesitate to call Owen Hodge Solicitors on 1800 770 780 and speak to an experienced solicitor about your common law claim. We will guide you through the claims process and ensure you receive the injury compensation you deserve. Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently named a Distinguished Lawyer by Thomson Reuters, a special honor given to 5% of lawyers.
How to Maximize Your Injury Compensation After a Car Accident See average payouts, examples, and what to do and say when filing an injury claim.
How Long Does It Take To Settle A Whiplash Claim?
Millions of Americans suffer from neck injuries every year.¹ When you suffer a neck injury in a car accident, you can expect to receive significant compensation from your insurance company.
Compensation for neck injuries can range from $2,500 to $300,000, depending on the severity of the injury and its potential side effects.
Learn how to estimate the cost of neck injury claims, and what you can say and do to maximize your car accident compensation.
What you say and do at the scene of an accident, at medical appointments, and when dealing with the insurance company can make a big difference in your final settlement. Here’s how to help with your injury claim:
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Always call 911 to report a traffic accident. Do not tell the 911 dispatcher, the police, or anyone else involved in the accident that you are okay, that you will be okay, that you should not stop so quickly, or any other feedback that will come back to you. bite you
Do not push your vehicle, damage its bumpers, or do any other activity that could aggravate your injury. Unless your activities are life-saving, they could hurt your car accident insurance claim. You may feel a rush of adrenaline after an accident that hides extensive damage.
Refusing medical treatment at the scene of an accident may sink your insurance claim. Tell paramedics how the accident shook your body, if you hit your head, or hit your seat belt. Tell them about every symptom, no matter how small. Don’t make excuses for your pain, such as blaming aging or a previous injury.
If you can walk around the scene, take pictures of the vehicles and the surrounding area. Obtain contact information from eyewitnesses to the accident. If the other driver says something that indicates a mistake, such as:
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If you are not taken directly to the hospital from the scene of the accident, go to the nearest emergency room or urgent care center. The sooner you seek medical care, the more credible and solid your claim will become.
Refusing or delaying medical care for a neck injury can hurt your chance for compensation. The insurance adjuster will deny your claim, arguing that your injuries were not caused by the accident.
Tell your doctor what happened to your head and body during the accident. Tell them that you did not feel any pain or stiffness before the car accident. Describe your job duties so your doctor can determine if you should stop working.
The cost of your neck injury settlement depends entirely on the total cost of your medical bills. However, the insurance company is only required to accept reasonable expenses for medically necessary treatment according to approved standards of care.
Average Whiplash Injury Settlement For A Car Accident
Although many patients swear by the relief they get from chiropractic care, be aware that insurance companies are not impressed. The insurance company may not be willing to pay for weeks and months of chiropractic treatment.
Most cases of infection are initially treated by emergency room doctors or family doctors. Depending on the severity of your injuries, you may be referred to an orthopedist. Orthopedic surgeons are often called upon to treat car accident victims. Depending on your symptoms, your neck injury may need to be evaluated by a neurologist to confirm nerve damage.
The insurance company does not have the right to see your private medical history before the accident. They are not entitled to any medical or pharmacy records not related to the injuries after the accident. Adjusters like to dig up irrelevant medical information that they can use against you in settlement negotiations.
Only sign a medical release that specifically lists the insurance company for records after the date of your accident, and only from the providers who treated your injury.
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Even if your employer does not require a work record of absences, or if you are self-employed, obtain a note from your doctor detailing the days you were off work. You will need a work slip and medical records from your doctor to justify the lost earnings portion of your injury claim.
As soon as possible after the accident, write down what you were doing before the collision, what happened during the accident, and what you remember afterward. Keep detailed notes on a regular basis about your ligament injury diagnosis, pain and other symptoms, and how the injury affects your daily life.
Add entries that appear when you need help from friends or relatives. Write down when you need help getting dressed, bathing, washing your hair, or anything that has changed due to the injury.
A diary of your life after an accident can be important evidence of your limitations, and justify your claim for pain and suffering.
Injury Claims For Whiplash After A Car Accident
Some neck injuries are more serious and potentially debilitating. If you suffer a severe or complex neck ligament injury, you will need an attorney to obtain an amount close to the compensation amount.
There is a lot at stake in a complex personal injury case. Most personal injury attorneys offer free case reviews for car accident victims. There is no obligation or cost to learn what an experienced attorney can do for you.
If you are recovering from a mild to moderate soft tissue injury to the neck, you should calculate a fair settlement by combining your medical expenses, out-of-pocket expenses, and lost days. Double that amount for your pain and suffering (as long as you are in a no-fault insurance state).
Insurance payouts for a soft tissue injury can range from $2,500 to $7,000. The settlement amount is based on a visit to a hospital emergency department ($1,200) or urgent care center ($200), and a follow-up visit with a primary care provider. ($171), several days off work, and a small sum for pain and suffering.
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Kevin’s SUV is behind the pickup truck as he waits in the fast food aisle. Diane, the driver who hit her, admitted that she was distracted by her children and did not notice the line had stopped.
Drivers exchange information. After the collision, the two cars continued moving. Before leaving the property, Kevin spoke with the restaurant manager and asked him to save the security camera footage of the drive-thru for the day.
Kevin’s wife took him to the local hospital’s emergency department to be examined. His treatment was a neck lift. He was released with instructions to rest for a few days, use a heating pad, and see his family doctor if there is no improvement within a week. Kevin made a full recovery in less than a week and required no further medical care.
Kevin’s lost wages were $500 ($25 per hour x 20 hours) and his medical expenses totaled $1,200.
What Is The Average Payout For Whiplash?
He added double that amount to cover his pain and suffering: $1,700 x 2 = $3,400.
Kevin’s expenses were documented, and the other driver admitted fault.
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