If you or someone you know has sustained a whiplash injury due to a car accident in NSW, understanding the compensation claim process is crucial. In this whiplash compensation guide, we aim to provide you with all the necessary details you need to successfully navigate a whiplash compensation claim in NSW.
Understanding Whiplash Injuries
Whiplash is an injury to the muscles and tendons of the neck caused by sudden, unexpected movements. This jarring (whiplash) action, typically from car accidents, leads to physical and psychological injuries.
Symptoms of Whiplash:
- Neck pain/stiffness
- Neck swelling
- Restricted neck movement
- Headaches and muscle spasms
- Pain in back, shoulders, and arms
- Weakness and dizziness
- Numbness in arms/hands
- Cognitive or visual impairments
- Vertigo and tinnitus
Whiplash Compensation in NSW
To be eligible for lump sum whiplash compensation as a result of injuries you sustained in a car accident in NSW, you must prove that the car accident occurred due to someone else’s negligence and that your injury is more than a “threshold injury”. Here’s a step by step rundown on what to do if you’ve been injured in a car accident:
- Obtain a certificate of capacity from your GP doctor.
- Lodge an ‘Application for personal injury benefits’ form with the State Insurance Regulatory Authority (SIRA) within 28 days of the accident if you are losing income. The claim should otherwise be lodged within 3 months.
- Obtain evidence like photographs, police reports, medical documents, and any loss of income details.
How Much Compensation Will I Get After A Whiplash Injury?
Several factors influence the amount of lump sum whiplash compensation after a car accident. These include:
- The severity of the injuries
- Who was at fault
- Your age and pre-accident lifestyle
- The amount of time that you cannot work
- Loss of earnings
- Loss of earning capacity in the future
- Cost of treatment, rehabilitation and ongoing support.
When you speak to a car accident lawyer at Stacks Goudkamp, we will be able to assess your situation and advise if you can make lump sum compensation claim as a result of your injuries. It is critical to review the decision made in the liability notice by the insurance company.
How long after an accident can I make a whiplash Injury claim?
As mentioned above, if you wish to claim for weekly and medical benefits from the CTP insurer of the driver at fault, your CTP claim needs to be submitted within 3 months of the date of the accident or 28 days if you are losing income. In NSW weekly payments are limited to 52 weeks if you were wholly or most at fault or if you have been found to have suffered a threshold injury. Depending on the severity of your injury, you might be entitled to additional benefits and a lump-sum payout.
While the injuries you suffered in your accident have had major impact on your life, there is a definition of ‘minor injury’ now ‘threshold injury’ in the legislation.
If you are found to have suffered a “minor injury” or “threshold injury” this is not a finding that injury did not occur or that you are not suffering continuing problems but merely that you do not meet the definition contained within the legislation. If you wish to challenge this decision it will be necessary to lodge an application for the independent assessment of your injuries with the Personal Injury Commission.
With whiplash injury claims, it’s important to speak to an expert personal injury law firm as soon as possible. The car accident lawyers at Stacks Goudkamp are ready to guide you through the CTP claim process, answer all your questions and help you receive the compensation that you deserve.
How long does it take to get a whiplash payout?
Claims for lump sum compensation, given their added complexity, typically take between 12 – 24 months depending on a number of varying factors.
To make a whiplash compensation claim, contact Stacks Goudkamp to speak with our experienced team of CTP accident lawyers in NSW. We will act for you on a no win no fee basis.
Choosing the Right Whiplash Compensation Claim Lawyer
If you have been injured in a car accident in NSW, don’t take on CTP insurers and their lawyers by yourself – it is a very uneven fight. Contact Stacks Goudkamp today for expert advice and to ensure you revive the full amount of compensation that you deserve.
Start your Whiplash Compensation Claim
If you have sustained a whiplash injury in a car accident, it’s essential to act promptly. Reach out to the expert team at Stacks Goudkamp for an obligation-free consultation and let us assist you on a no win, no fee basis.
Written by Karina Goodall
Karina Goodall is a Practice Group Leader at Stacks Goudkamp specialising in motor vehicle accident claims and superannuation and TPD claims.