Whiplash Injury Claims*

Whiplash is caused by a sudden jolt of your neck which causes damage to the ligaments. The neck rocks back and forward, causing a hyper-extension of muscles and other tissues which throw the neck out of its natural shape.

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What are the Symptoms of Whiplash?

Whiplash limits your mobility and can prevent you from carrying out your daily routine with activities. If you or a family member has experienced a whiplash injury you may be entitled to seek a legal remedy for the error.

Symptoms of whiplash may not appear for hours after the accident. As soon as you experience symptoms you should receive treatment from a doctor. The symptoms can worsen several days after the accident, requiring medical attention and rehabilitation. 

The most common symptoms associated with whiplash include:

  • Reduced mobility of the neck
  • Chronic pain
  • Tenderness of the neck muscles
  • Dizziness
  • Tiredness
  • Blurred vision
  • Muscle spasms
  • Shoulder pain

Common Types of Injuries*

Car Accidents

Rear-end collisions are the most common cause of whiplash. If this happens you should receive medical attention no matter how minor you think the injury may be.

Physical Sports

Aggressive tackles in contact sports can lead to whiplash, especially in cases where the back is in a relaxed state.

Physical Abuse

Whiplash can occur due to violent treatment of the body. It can occur from being vigorously shaken or being punched. Victims who get whiplash injuries can suffer from a lack of sleep and can experience pain at work or throughout a normal day, reducing their mobility.

How long does it take to settle a whiplash injury claim?

A typical whiplash injury claim may take months to settle. However, this will depend on a number of factors, such as:

  • The extent of your injuries – if your injuries are severe it may mean that you cannot make a claim straight away.
  • The insurance company – while we may have the best practice in place to move the administration of your case forward in the quickest time possible, the insurance company may not be as fast as we can be. This could extend the length of your case
  • Gathering documents – depending on the complexity of your case, it may take time to gather certain documents.
  • The Injuries Board – Once all documents have been gathered, we will submit your case for assessment to the Injuries Board, they have 9 months to revert to us with their assessment.
  • Assessment – once the Injuries Board has reverted with their assessment, you will have 28 days to either accept or reject.
  • Legal proceedings – If you move to this stage, your solicitor will move immediately to issue proceedings. It is likely that your case will settle before having to step foot into a courtroom, but the time it takes to get a settlement meeting will depend on factors such as the availability of barristers and the other side to attend.

How long do I have to make a whiplash injury claim?

The typical rule for all personal injury cases is that the victim has two years to bring forward legal proceedings from the date of when the accident occurred. There are some exceptions to this rule in certain circumstances. These include scenarios where the person who sustained the injury is considered to be mentally impaired as a result of the injury or when a person sustained such serious injury that prevents them from making a claim. In such cases, the person will have two years from the date where they are considered capable to do so.

The second exception is if a child suffers a serious injury. The child then has two years to make a whiplash claim from their eighteenth birthday. Another, but not last exception is in cases where a person was incapacitated before the accident. Such a person lacks the capability to make a claim themselves and a family member (Next Friend) can then bring proceedings forward. Most personal injury claims must first be assessed by the Injuries Board. Some personal injury cases may proceed to court while in some cases the party who was at fault will offer a settlement.

It is advisable to contact a solicitor immediately following an accident to discuss the next steps in making a claim. This will ensure that the statute of limitations shouldn’t have an impact on your ability to pursue a claim.

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We use our expert knowledge and over 35 years of experience to give you the voice you need. We use non-legal language and provide practical and impartial advice through every stage of the process!

Call us today on +353 1 649 9900 or contact us online.

How do I make a claim?

Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a personal injury solicitor to help you with this.

  1. Prepare the information for a solicitor

    When you decide you want to move forward with your injury claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:

    • Date of the accident
    • Location of the accident
    • Details of who/what caused the accident
    • Specifics of what happened
    • Who did you report the accident to?
    • If any emergency services attended the scene and their details
    • Details of your injuries
    • Hospitals/Doctors attended with your injury
    • Any pictures you may have taken of the scene of the accident and/or your injuries
    • Details of any witnesses
    • Is there CCTV that may have captured the accident?
  2. Solicitor becomes your trusted advisor

    As a solicitor is aware of the injury claim process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.

  3. Solicitor obtains a medical report

    The most important document needed to prove your injuries is your medical report. The reason a solicitor will ask for your doctor’s details or if you have attended the hospital is so they can obtain all the medical reports required to pursue the case for you.

  4. Solicitor prepares the Injuries Board application

    As soon as your solicitor has gathered all the information, your injury claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage, you have a choice to accept the Injuries Board assessment or reject it and move to the next steps.

    At this point one of two scenarios will unfold:

    a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.

    b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.

  5. Possible case outcomes

    Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.

    Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.

At Tracey Solicitors LLP, we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email to tell us about your case.

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Case Settlement

If you are to proceed with an injury claim you may be entitled to claim compensation for the injury and added expenses you may have incurred. These claims are called damages.

General Damages

General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident.

Special Damages

Special damages are out of pocket expenses incurred as a result of the injury, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the injury (for example, travel to and from the hospital). Learn more about Special Damages. 

Material Damages

Material damage refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.

What are the Legal Time Limits?

The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

Learn more about Time Limits

About Tracey Solicitors LLP

We draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

Contact Us

Our friendly and experienced team are waiting to answer your call. Lines are open Monday to Friday, from 9am to 5pm.

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