Whiplash Compensation Lawyers – Sydney
Whiplash Compensation Claims
If you have been involved in a car accident and have suffered a whiplash 
injury, then you may be entitled to motor vehicle accident compensation. To find out if you are, you should contact Walker Law Group to speak with one of our specialised compensation lawyers. By engaging one of the expert lawyers at Walker Law Group to act on your case, you will be giving yourself the best chance of having a successful whiplash compensation claim. At Walker Law Group, we have over 20 years experience in motor accident compensation law. To find our more, you can contact us on 1300 363 013 or at enquiries@walkerlawgroup.com.au.
What is whiplash?
Whiplash is the word used to describe a sudden movement of the head or the neck from one direction to the other. In many cases, the sudden maneuver of the head or neck will result in a more serious injury such as a spinal injury. The most common symptoms of whiplash are neck pain, headaches, shoulder injuries and dizziness.
What is whiplash compensation?
Whiplash compensation is the type of compensation which one receives to recompense them for suffering a whiplash injury. It is important to note that whiplash compensation claims generally compensate the victim for the differences between what would have happened if the accident never took place and there was no injury to the victim, and what has happened now that the victim has been injured. In most cases, the victim seeks a monetary amount to counteract for their losses pending on how severe these losses are.
You may seek whiplash compensation if you have experienced any of the following:
- Pain and suffering; or
- Loss of income; or
- Changes in the quality of life pre and post accident; or
- General expenses including hospital cover and medical expenses.
You may also make a claim for whiplash compensation if the person driving the car involved in the accident owed you a duty of care and as a result of a breach of the duty of care you were injured.
How much compensation will you be paid?
A monetary amount that you may be paid, as compensation will be based on the same factors used to assess your claim, being:
- Pain and suffering; and
- Loss of income; and
- Changes in the quality of life pre and post accident; and
- General expenses including hospital cover and medical expenses.
The aim of paying this compensation is to put you back in the situation that you would have been in, had the accident not occurred. Certain legislative time limits exist in each state and territory for submission of your whiplash compensation claim, so time is of the essence and you should contact Walker Law Group as soon as possible.
The legislation
The legislation that applies to whiplash compensation claims is the Motor Accidents Compensations Act 1999 (NSW). Certain sections of this Act including sections 125 to 127 and sections 131 to 134 directly apply to whiplash compensation.
Degree of permanent impairment
Damages will only be awarded for non-economic loss, also know as pain and suffering if the degree of permanent impairment of the injured person as a result of the accident is greater than 10% whole body impairment. Section 134 of the Motor Accidents Compensation Act 1999 (NSW) highlights that in New South Wales, the maximum amount that a court may award for non-economic loss is $284,000.
In disputes about whether the degree of permanent impairment of an injury is enough for an award of damages for non-economic loss, the court can adjourn until a medical assessment takes place. This can continue to happen until the assessor is satisfied that the injury is permanent.
The maximum weekly net compensation is $2,500 for past or future economic loss due to loss of earnings or the deprivation or impairment of earning capacity, or for the loss of expectation of financial support.
A recent case
In a most recent case, Lady X was driving along a Sydney motorway and she was struck from behind by another vehicle who failed to stop. The accident was reported, but the vehicle that caused the accident fled the scene. Lady X approached a legal firm for advice and was advised that there is a scheme known as the ‘nominal defendant scheme’, which allows her to lodge a claim against the unknown driver. Advertisements were lodged in the local newspaper and Lady X was advised to see specialists to ascertain the extent of her injuries. Although there was not a significant spinal injury, she was still unable to continue working. The insurer then invited Lady X to attend a settlement and after negotiations, Lady X received $120,000 in whiplash compensation.
What to do if you have suffered a whiplash injury due to a car accident
One of the most important steps to take if you have suffered a whiplash injury as a result of a car accident is to contact a legal expert to find out the best course of action. At Walker Law Group, we are Law Society accredited compensation specialists. Our solicitors have years of experience and hence, are familiar with the legal process associated with making a whiplash compensation claim. Contacting one of our expert whiplash compensation lawyers at Walker Law Group will be a vital first step to finalising your compensation claim. Compensation is a complex area of the law, however our solicitors are highly experienced and specialised in the area, possessing an in depth knowledge of the legal process which will be followed by the insurance companies and the courts. Our lawyers will be by your side every step of the way, and will explain every stage of the legal process in Plain English to ensure that you always know where you stand.
You should contact the experienced Compensation Lawyers at Walker Law Group who can assist you through the compensation process. Contact us now on 1300 363 013 or at enquiries@walkerlawgroup.com.au.
