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What Is Whiplash And Whiplash Claims?

 

Whiplash claims are filed because of injuries that are a relatively common injury that occurs to a person’s neck following a sudden acceleration and then a deceleration force that causes unrestrained, rapid forward and backwards movement of the head and neck, most commonly from road traffic accidents and filing of whiplash claims. Neck strain is often just called whiplash. Although it is usually associated with car accidents, any impact or blow that causes your head to jerk forward or backwards can cause neck strain, known as whiplash. The sudden extreme force stretches and tears the muscles and tendons in your neck, which causes pain.

Call Personal Injury Solicitors Dublin now on 015240606 to discuss your Whiplash Claims or fill in the contact form and send it to us.

 

How do Whiplash injuries occur?

 

A whiplash injury can occur when one motor vehicle strikes another from behind; this causes certain energy to be transmitted from the striking vehicle to the struck vehicle. This energy can then be transmitted to the driver and any passengers of the struck vehicle, where it has the possibility to cause a whiplash injury.

 

What are the Symptoms of Whiplash injury?

 

• Neck pain and stiffness.

• Worsening of pain with neck movement.

• Loss of range of motion in the neck.

• Headaches, most often starting at the base of the skull.

•Tenderness or pain in the shoulder, upper back, or arms.

Call us Personal Injury solicitors Dublin now on 015240606 to discuss your Whiplash Claims or fill in the contact form and send it to us.

 

Why do you need Legal Help with a Whiplash Claim?

 

If you were involved in a car accident that was not your fault and you suffered an injury then you do not, in theory, need a Personal Injury solicitor. If your car was truck typically from behind or to the rear, you may well be suffering from whiplash and indeed you can make a whiplash claim for compensation by yourself by filling a whiplash claim with the injuries board (PIAB). However, the filing of a personal injury claim for compensation on your own can be full of pitfalls;

    • If you make a mistake in your paperwork your whiplash claim may be rejected without explanation

 

    • In all Personal Injury Claims, there is a Statute of Limitation Period after the expiration of which proceedings cannot be brought by you. A claims application for compensation to the Injuries Board “stops the clock” so to speak but it stops the clock only against those named as the responsible parties for the car accident in the claims application. Where a responsible party is incorrectly named or a responsible person has not been included it is often too late to pursue the whiplash claims by the time the claims application is finalised in PIAB. Unbelievably, the correct identification of the responsible party can be extremely challenging and very difficult for an individual.

 

    • A poorly presented and inaccurate whiplash claims may well fail to address potentially lifestyle changes from a personal injury or to quantify your future losses. The psychological impact of an injury may well be ignored by someone filing on their own. If you accept the Injuries Board award then there is no subsequent right for you to pursue another claim for compensation for matters that were overlooked by you at the time of filing or becoming more apparent to you with the passage of time.

 

    • There is huge potential for you making a fatal procedural error where your Personal Injury claim for compensation for a whiplash claim injury involves an uninsured or untraced driver which can happen. These circumstances are taken care of in the provisions of the Motor Insurers Bureau of Ireland (MIBI) Agreement 2004. Non- compliance with this agreement will not be excused because an individual is a Lay litigant who does not have the benefit of a Personal Injury solicitor to help. Wow, you need to be more than careful!

 

    • With a delay, due to the Injuries Board process the “trail can go cold” so to speak while the claims application sits in Injuries Board. Often critical evidence might not be preserved or disappears and can be lost. Such an unfortunate delay in the various ways and methods in the gathering of evidence can leave you the injured party without an Injuries Board award and with the sometimes impossible task of trying to prove a third party liable for the accident which caused your injuries.

 

 

Call us Personal Injury Solicitors Dublin now on 015240606 to discuss your Whiplash claims or fill in the contact form and send it to us.

 

 

How much is my Whiplash Claim worth?

 

The Injuries Board (PIAB) estimates that compensation for a minor whiplash neck injury, which gets better within 12 months would be up to €14,400. For a healing time of around two years, their estimate is between €11,500 and €17,500. For whiplash injuries that do not get better, it is possible that compensation may be up to 20% of all whiplash injuries and the estimated range of compensation is between €15,900 and €78,400. These figures are to be taken as approximate as there are several individual factors to be taken into consideration to have an accurate figure for determining compensation from Whiplash Claims.

 

Call us Personal Injury Solicitors Dublin now on 015240606 to discuss your Whiplash Claims or fill in the contact form and send it to us.

How long will a Whiplash Claim take?

 

It really depends on the extent of your whiplash injury. Settling a minor whiplash injury can be a matter of months and certainly less than a year. That timetable is dependent on the obtaining of your medical reports and the filing of the Injuries board (PIAB) documentation in a timely manner. The more serious injuries can take longer as you may need time to evaluate the extent of your injuries and how long your recovery time will be as well as your eventual quality of life. We strongly advise against going for any hasty settlements, tempting as they may well be, as they are rarely in your best interests.

We pledge to both keep you informed of any developments in your whiplash claims as it progresses and we will be on hand to offer expert advice at every stage of your whiplash claim. We have a proven record of accomplishment of ensuring that our clients achieve the best possible outcome so that you can put the injury or accident behind you and move on with your life in a very positive way.

Call us Personal Injury solicitors Dublin now on 015240606 to discuss your Whiplash claims or fill in the contact form and send it to us.

 

 

How long do I have to make Whiplash Claims under the Statute of Limitation?

You have two years from your accident in which to file a personal injury claim for a Whiplash. The one exception is if the person concerned is a minor or under the age of eighteen.

Call us Personal Injury Solicitors Dublin now on 015240606 to discuss your Whiplash claims or fill in the contact form and send it to us.
 

What are Personal Injury Negligence, Personal Injuries Liability and Contributory negligence?

 

Please be aware that: Negligence without injury, or injury without negligence, is not enough to pursue a successful personal injury compensation whiplash claims.

If you are involved in an accident that was not your fault, then the person who caused the accident has been deemed negligent. They have a duty of care towards you and have been found wanting. Sometimes it is not very clear as to who is negligent and who is not and in these cases, it is advisable that you take professional advice from us before you decide on any course of action. This is especially true when you are in contact with the Insurance Company. Do not say, commit or sign anything without checking your rights with us as it may damage your whiplash Claims.

The cause of your accident which created your whiplash injury may not always be obvious to you. In most accidents, there are many cases where one party and one party only may be partly to blame. However, in a few accidents, it can also be the case where several factors have contributed to your accident. It may, in fact, be negligence or even part negligence on the part of you the injured party themselves. So how can negligence in these circumstances be apportioned in this situation? Are you the injured party entitled to any form of compensation for your whiplash injury if you have contributed to your own injury? These are all issues that we will work with you to determine your whiplash claims for compensation.
It may be decided by the Injuries board (PIAB), or in court or agreed between the parties, that both the defendant and you the plaintiff are partially at fault for the Whiplash Claims injuries sustained and in such circumstances, the principle of “contributory negligence” applies.

 

The legal principle of contributory negligence is where you the plaintiff, may have contributed to your own injury by acting as well in a somewhat negligent fashion. When your negligence is compared with the negligence of the defendant it may be found that the extent of contributory negligence may defeat you the plaintiff’s case and or reduce the amount of compensation to be awarded to you. Let us, therefore, take an example it may be agreed that you the injured plaintiff bare 40% of the responsibility or negligence for their accident while the defendant was responsible or negligent for of 60%. In such an example, you the plaintiff’s damages, assessed by the severity of your Whiplash claims injury and loss, will be reduced by 40%.
Whiplash claims have recently figured a lot in the media as the number of Whiplash Claims have been on the rise. Insurance companies are upset that they believe that a certain number of whiplash claims are both bogus and difficult to evaluate. After all, a broken bone is tangible but a whiplash injury is mainly intangible. The bone takes a set amount of time to heal but the back or the neck takes? Clearly, though the Insurance companies do not look at the high increase in the number of cars that are rear ended which cause most whiplash claims

 

Call us Personal Injury Solicitors Dublin now on 015240606 to discuss your Whiplash claims or fill in the contact form and send it to us.

There is no doubt in the injuries that cause the most controversy in Personal Injury is the Whiplash claims. Whiplash injuries are difficult to diagnose are difficult to treat, are difficult to know how long they will persist. On top of that many people suffer from back laments before an accident.  Most people are however very honest about their whiplash injuries.

Treatments can come in many shapes or forms and if you wish to see a comprehensive guide to Whiplash treatments please check with the HSE for further information http://www.hse.ie/eng/health/az/W/Whiplash/Treating-whiplash.html

One thing though it has to be stressed is that whiplash injuries are the most aggravating and painful that you can suffer.

 

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Can I Claim? No beating about the bush they will let you know straight away

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Claims

Process Whatever your claim they have the experience and expertise

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Cost

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Time Limit

Time Limits unless you are a minor under the age of 18 then you have 2 years from the injury in which to file

1

talk to us about it

Can I Claim? No beating about the bush they will let you know straight away

1

Claims

Process Whatever your claim we have the experience and expertise

1

Cost

Talk to us now for some interesting solutions

1

Time limit

Time limits unless you are a minor under the age of 18 then you have 2 years from the injury in which to file