If you’re reading this you are probably already familiar with whiplash from a motor vehicle accident. Whiplash injury is caused by the sudden, forceful back and forth movement of your head and neck in an accident.
Your neck muscles will feel stiff and painful. The level of severity varies in different situations. The shoulders could also hurt, resulting in a headache. Whiplash can last anywhere between a few days to a couple of months.
Are you wondering whether you can get compensation for whiplash? As long as a third party is responsible or liable for the personal injury you can claim whiplash compensation. In Ireland, the details are in the Personal Injury Law.
Can Whiplash Be Medically Tested And Proven Or Disapproved?
Any solicitor will tell you that people often think that there is a fixed cost of compensation for whiplash claims. This article will help you understand why there is no fixed compensation cost for this neck injury. The fancy, clinical term for whiplash injury is cervical acceleration-deceleration injuries. If you were in a road traffic accident and have pain and stiffness in your neck and shoulder areas, you are probably suffering from whiplash.
The downside is there is no significant damage to the bone structure to show up on x-rays or any form of specialized imaging. In these instances, the burden of proof lies with the complainant. The lack of proof that personal injuries exist gives way to a grey legal area that fraudsters use to exaggerate their injury claim.
While reading about whiplash settlements will give you a general idea about the subject, we would advise that you seek advice from a licensed senior counsel in Ireland. There are no two whiplash cases that are alike, which is why you should get legal aid to get the best out of your particular situation. A solicitor can help you fill out the necessary forms for the personal injuries assessment board (piab).
Why Do You Need Whiplash Compensation?
Depending on the severity of your soft tissue injuries, you will most probably need to take a few days off work. After a road accident, any doctor will recommend that you take it easy for a few days. Missing days off work will lead to a loss of earnings. As long the road traffic accidents are through no fault of the complainant then they deserve to be re-reimbursed for the days missed at work.
In addition, you deserve redress for the physical pain and discomfort that whiplash injuries cause you. You should not feel embarrassed for seeking help from a legal practitioner to file personal injury claims.
Women And Children Get Better Whiplash Compensation
Many factors will play a role in the amount of financial redress you are granted; one of those factors is your age and gender. The body of a man is different compared to that of a woman or child. Most women have soft tissues on the neck compared to the average man.
In addition, on most drives where a couple is in the vehicle, the man tends to take the driving wheel. As the driver, he has a chance to brace for impact while all other occupants may be caught off guard. These two factors point to the fact that women and children are more prone to whiplash injury in the event of a road traffic accident. These two reasons create enough basis for judges to generally grant better injury compensation for women and children.
What If The Negligent Driver Does Not Have Insurance Cover?
In Ireland, all drivers are required, by law, to purchase an insurance cover for their vehicle. There are certain situations where the insurance company will not payout. A good example is when the driver is a provisional license holder. In such situations, you can still claim redress. Instead of the complaint being made against a negligent driver, the complaint is lodged with the Motor Insurer’s Bureau of Ireland or MIBI. Created in 1955, the MIBI was created for drivers to still get compensated when there is no driver to complain against or when there are no insurance companies to claim against.
Factors That Can Affect Your Whiplash Claim
· How many days were you out of work?
As an employee, your settlement includes lost wages if you miss working for a significant amount of time. According to the book of Quantum, workers typically get 66.67% of their weekly wages.
· How bad is the whiplash injury?
The amount of money you spent on treatment is directly tied to the severity of the whiplash. Your medical bills will not include any psychological trauma caused by the incident. The bottom line is if you have mild symptoms do not count on a huge payday.
· The mode of payment
Settlements can be paid in one of two ways. You can receive a lump sum one-off payment or you can opt for regular payments. If your whiplash claim is approved, you will choose one method of payment. Periodic checks allow you to get catered for until you are back on your feet while a lump sum happens once and you cannot get any more.
How Much Can You Get Paid For Whiplash Injuries?
In Ireland, the injuries board rules using the book of Quantum. The judge may not follow the book to the letter but here are some of the average payouts found within:
-For minor whiplash injuries where it is possible to recover within twelve months, the book suggests €14,400.
-Moderate whiplash injury that the patient can fully heal from in two years attracts a whiplash settlement of €11,500 to €17,400.
-If the complainant presents with an active whiplash injury affecting their quality of life, they
are eligible for €64,500. Permanent damage attracts an average award of €78,400.
The information provided above is to give you a better picture of how whiplash injury settlements work in Ireland. If you have any personal injury claims or whiplash compensation cases to make, contact a licensed solicitor for further legal services. Keep in mind that the first step is always to ascertain whether you have a legitimate case or not.
Also Read: How Much Do you Get for Whiplash in Ireland?