Can you receive compensation for car accident injuries in Australia?

accident injuries

The Compulsory Third Party (CTP) programme in New South Wales may entitle you to compensation if you were injured in a car accident.

The potential compensation for your claim for a car accident will depend on the severity of your injuries and whether you were entirely at fault in the accident. Even if you weren’t the driver when the accident happened, you can still make a claim for compensation.

But do your injuries have to be serious to be able to claim compensation? Can compensation be claimed for soft tissue injuries?

First of all, what exactly are soft tissue injuries?

Injuries to muscles, tendons, and ligaments are considered soft tissue injuries, however, nerve damage and ruptures of menisci, cartilage, tendons, or ligaments are not included. The most frequent sort of soft tissue damage, and hence minor injury, in the context of compensation claims for car accidents, is whiplash injury.

What compensation claims can be made for the most exposed whiplash injury?

What does whiplash mean?

Car accidents frequently result from a driver’s distraction or lack of attention. A little accident might result in injuries that have a lasting impact on your life. A common injury from car accidents is whiplash.

Whiplash is brought on by violent head jolts that injury the muscles of the neck. When a car suddenly decelerates, your seatbelt keeps you secure; but, when the car crashes, your neck is often left unsupported, leading to a whiplash injury.

The average whiplash compensation settlement is thought to range between $10,000 and $20,000, according to SIRA data for NSW. For up to 26 weeks following the accident, it is provided as personal injury compensation. But in WA, things are different, therefore we advise you to get in touch with one of the car accident lawyers in Perth for free legal counsel on your whiplash injury entitlements.

Whiplash injuries signs and symptoms

The intensity of your whiplash symptoms is affected by several factors, including the impact force, the distance between your head and the seat, and the position of your body in the vehicle. It’s also crucial to understand that symptoms might appear right away or take time to appear.

The following are typical whiplash signs and symptoms:

  • back, shoulder, and down the spine discomfort,
  • neck pain or stiffness,
  • nausea,
  • exhaustion,
  • dizziness,
  • migraines that radiate to the jaw.

How can you make a whiplash injury claim after a car accident?

If you suffered a whiplash injury due to an accident, you are still entitled to make a claim. This is the same case as making a pedestrian accident claim.  After a car accident, you must report the incident to the police in order to make a whiplash claim. After that, you must visit your doctor to have a medical evaluation of your injuries. Whether your accident happened in NSW or WA, CTP lawyers will guide you through the whole procedure.

Can you make compensation for whiplash without having your car damaged?

Yes, compensation can still be claimed if you were injured in a car accident, regardless of the state of your car. Insurance companies could assert that your injuries were modest in some situations since there was no damage.

Can a whiplash claim be refused?

Yes, if you are unable to demonstrate your injuries or that you weren’t at fault, your whiplash claim may be rejected. If the insurance thinks the incident was staged or you inflated your damages, your claim can be denied.

Can you make a whiplash claim without going to the doctor?

No, you may only make a claim for whiplash if your injuries are supported by medical documentation. The most frequent method of diagnosing whiplash is by checking the range of motion, discomfort, and muscle spasms in your neck. Your doctor could ask you about the incident as well.

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