Soft tissue neck injuries, or whiplash, is one of the most common injuries experienced by people involved in a car accident. While this may seem like a minor injury, it can have a lasting impact on people’s lives and earning capacity.
What is Whiplash?
Whiplash is a neck injury caused by a rapid back and forth motion of the head, such as where the head is thrown forward and then whipped back during a motor vehicle accident. This motion causes the muscles, ligaments and soft tissues in the neck to overextend and may even injure the discs between the vertebrae or irritate the nerves. Even if a whiplash injury is purely soft tissue in nature, it can still lead to ongoing symptoms.
Someone who has sustained a whiplash injury may not immediately experience symptoms. When you have been in an accident, you are often focused on exchanging contact details and making sure your vehicle is not obstructing traffic. However, in the hours or days after the injury, you may begin to feel neck pain and stiffness, headaches, reduced range of motion in the neck, tingling or numbness in the arms, shoulder or upper back pain, dizziness, fatigue, or difficulty concentrating. These are symptoms of whiplash.
While many people recover quickly from a whiplash injury, some go on to develop chronic symptoms which require long term treatment. Treatment expenses can quickly add up, especially if your injuries are also affecting your work capacity.
If you are injured in a motor vehicle accident through no fault of your own, it is important to seek advice on whether you could be eligible for your rehabilitation to be paid for through a CTP insurance claim.
How can I prove I have whiplash?
In order to successfully claim compensation for whiplash, you will need medical evidence to support that you have sustained an injury. Injured people can sometimes feel discouraged when despite experiencing significant pain, there is no obvious injury on x-rays or other scans. This is not uncommon for whiplash injuries and will not prevent you from being able to claim compensation for your ongoing pain and restrictions.
The first thing you need to do after an accident is seek medical treatment from your GP or another qualified medical treatment provider. They will be able to confirm whether you have suffered a whiplash injury and advise you of any potential ongoing consequences of your injury. Your treatment providers will also be able document your symptoms and how they are affecting you, which can be used to support a CTP claim. It will also assist you in evidencing your injury if you have a medical certificate that confirms your diagnosis.
What happens in a whiplash claim in Queensland?
While every claim is different and will depend the severity of your injuries and symptoms, as well as your personal circumstances, CTP insurers in Queensland have an obligation to fund reasonable and appropriate medical treatment and rehabilitation for people injured in accidents through no fault of their own.
In addition to rehabilitation funding, you could potentially recover damages for:
- Future treatment and rehabilitation costs;
- Past loss of income and superannuation;
- Future loss of income and superannuation;
- Other out of pocket expenses incurred as a direct consequence of the injury and its symptoms;
- The cost of gratuitous care and assistance in some circumstances.
The damages recovered by someone who has suffered a whiplash injury can vary significantly depending on the severity of the injury and how it is affecting them in their work and day to day activities.
For more information on the compensation you may be entitled to, contact our office for a no obligation chat.
This article was written by Gail Blaber of Littles Lawyers. If you have any queries regarding the article, please contact via Free Claim Checker or email us.
