How Much Do you Get for Whiplash in Ireland?
Soft tissue and neck injuries remain the most common type of injury after road traffic accidents. If you’re wondering whether you can get compensation in Ireland if you sustain such injuries, then the answer is yes. But how much do you get from a whiplash claim in Ireland? Here is a guide.
Average Payout in Irish Motor Cases Whiplash Claims
The average payout for whiplash injury claim in Ireland is slightly above €20,000 according to a 2018 PIAB study. The study also revealed that, women and children get more compensation for damages, pain, and suffering compared to men. The report also indicated that courts awarded more for a whiplash injury claim compared to the cases handled by the Personal Injuries Board.
The reasoning behind the men getting less injuries award or settlement is that, women and children have weaker neck muscles. During a car traffic accident, females and children sustain more serious injuries. Consequently, women and children spend more on medical expenses.
The Personal Injuries Assessment Board (PIAB) Book of Quantum offers a guideline on possible pay outs for whiplash claims. Here is a break down.
The Injuries Board Book of Quantum
Whiplash Payout Guide Section 2 page 27 of the Book of Quantum offers the following guideline on whiplash cases according to the personal injury law.
a) Minor injuries These are injuries where substantial or full recovery is expected. For such personal injury claims, claimants can get about €19,400.
b) Moderate injuries Moderate injuries take about 5 years to reach full recovery. Such injuries often lead to more body trauma or acceleration of pre-existing conditions. If you sustain moderate neck and back injuries, you can expect compensation for damages ranging from €20,400 to €30,200.
c) Moderately severe injuries These are injuries that can last more than 5 years. Such injuries often result in victims having limited mobility, possible body trauma, surgery, prolonged pain, and discomfort. Severe injuries receive damages compensation ranging from €34,400 to €52,200.
d) Permanent injuries Permanent injuries are those that lead to lifelong damages, pain, and discomfort. With such injuries, you’d have to wear a collar for a prolonged time. Permanent injuries inhibit movement, and ability to work again. The permanent whiplash injuries claims get between €44,600 and €77,900.
Other Factors that Determine Whiplash Compensation
Whiplash compensation pay-outs are affected by several other factors. It’s the reason why two people involved in one accident can each receive a different amount of compensation. For example, the severity of the damage caused by the car accident can earn you more compensation. If the personal injury made you not able to work for a significant amount of time, the compensation figure received by you factors in the loss of earnings.
The pay-out can also reduce if you as the claimant somehow contributed to the accident. This is the case if for example your car headlights were faulty thus contributing to the accident. Another scenario where you may receive a lower amount of whiplash award is if you delay obtaining medical care for your personal injury which then worsens the situation.
Can I claim whiplash compensation if the accident was my fault?
No, you cannot claim injuries compensation caused by an accident that was your fault. Your insurance company will not pay for it. However, if a third party partially caused the accident, you can claim for personal injury but in this case expect a lower compensation pay-out.
Can I claim whiplash compensation without a solicitor?
Yes, you can claim whiplash injury compensation payments without involving a solicitor. In this case, you’ll have to follow up with the insurer of the third party. Besides, you would also have to produce evidence of having sustained injuries to the Personal Injuries Board for assessment.
Having a solicitor by your side ensures that you have guidance on what evidence to present. You also learn on the maximum compensation you should receive. Without a solicitor, insurance companies aren’t obligated to inform you on the maximum compensation settlement you should receive. Besides, a solicitor also makes sure that the third party doesn’t deny liability for their actions.
How to Prepare for Whiplash Compensation
Whiplash claims should be made within 2 years after the road traffic accident. You should lodge such compensation claims with the Personal Injuries Board.
However, before then, preparation starts from the accident scene. Immediately after the accident, you need to collect the details of the other driver including names, contact, insurance details, and car registration number. You should then notify the insurance company within one month after the accident occurs. Assuming the other driver isn’t insured, you need to notify Motor Insurers’ Bureau of Ireland (MIBI) for compensation.
How long does whiplash compensation claim take?
On average, you can receive compensation within nine months after lodging your claim with the Personal Injuries Assessment Board. However, the duration may change depending on whether the other party accepts or denies liability. It may also take a considerably longer time to receive your pay-out if you complain of having received a lower amount than you anticipated.
Conclusion – No Win No Fee Explained
On average, you can receive €20,000 for whiplash injury claims. The amount may also increase depending on the severity of the injuries sustained due to the vehicle accident. You need to notify the insurance company within one month after the accident. Then, within 2 years after the accident, you need to notify the Personal Injuries Assessment Board. After which, you may receive compensation if you produce evidence that proves your claims.
Gary Matthews Solicitors
Medical negligence solicitors, Dublin