INJURY*

What are the Symptoms of Whiplash?

Whiplash limits your mobility and can prevent you from carrying out your daily routine with activities. If you or a family member has experienced a whiplash injury you may be entitled to seek a legal remedy for the error.

Symptoms of whiplash may not appear for hours after the accident. As soon as you experience symptoms you should receive treatment from a doctor. The symptoms can worsen several days after the accident, requiring medical attention and rehabilitation. 

The most common symptoms associated with whiplash include:

• Reduced mobility of the neck
• Chronic pain
• Tenderness of the neck muscles
• Dizziness
• Tiredness
• Blurred vision
• Muscle spasms
• Shoulder pain

Common Types of Injuries*

Car Accidents

Rear-end collisions are the most common cause of whiplash. If this happens you should receive medical attention no matter how minor you think the injury may be.

Physical Sports

Aggressive tackles in contact sports can lead to whiplash, especially in cases where the back is in a relaxed state.

Physical Abuse

Whiplash can occur due to violent treatment of the body. It can occur from being vigorously shaken or being punched. Victims who get whiplash injuries can suffer from a lack of sleep and can experience pain at work or throughout a normal day, reducing their mobility.

How long does it take to settle a whiplash injury claim?

A typical whiplash injury claim may take months to settle. However, this will depend on a number of factors, such as:

• The extent of your injuries – if your injuries are severe it may mean that you cannot make a claim straight away.
• The insurance company – while we may have the best practice in place to move the administration of your case forward in the quickest time possible, the insurance company may not be as fast as we can be. This could extend the length of your case
• Gathering documents – depending on the complexity of your case, it may take time to gather certain documents.
• The Injuries Board – Once all documents have been gathered, we will submit your case for assessment to the Injuries Board, they have 9 months to revert to us with their assessment.
• Assessment – once the Injuries Board has reverted with their assessment, you will have 28 days to either accept or reject.
• Legal proceedings – If you move to this stage, your solicitor will move immediately to issue proceedings. It is likely that your case will settle before having to step foot into a courtroom, but the time it takes to get a settlement meeting will depend on factors such as the availability of barristers and the other side to attend.

How long do I have to make a whiplash injury claim?

The typical rule for all personal injury cases is that the victim has two years to bring forward legal proceedings from the date of when the accident occurred. There are some exceptions to this rule in certain circumstances. These include scenarios where the person who sustained the injury is considered to be mentally impaired as a result of the injury or when a person sustained such serious injury that prevents them from making a claim. In such cases, the person will have two years from the date where they are considered capable to do so.

The second exception is if a child suffers a serious injury. The child then has two years to make a whiplash claim from their eighteenth birthday. Another, but not last exception is in cases where a person was incapacitated before the accident. Such a person lacks the capability to make a claim themselves and a family member (Next Friend) can then bring proceedings forward. Most personal injury claims must first be assessed by the Injuries Board. Some personal injury cases may proceed to court while in some cases the party who was at fault will offer a settlement.

It is advisable to contact a solicitor immediately following an accident to discuss the next steps in making a claim. This will ensure that the statute of limitations shouldn’t have an impact on your ability to pursue a claim.