What is whiplash?
Whiplash is really a non-medical term, but colloquially it is used to describe a range of injuries which are caused to the neck and spine usually associated with car accidents where the victim is struck from behind.
This can cause a forward-and-backwards motion of the head thereby causing a hyper-extension of the neck muscles and ligaments as the spine is temporarily contorted into in an S-shape.
Can I claim for whiplash?
Yes, of course, provided another party is liable for causing the injury sustained to you and just like any other injury claim, it is subject to the statutes under Personal Injury Law in Ireland.
To enquire first about whether you might have a valid claim contact Margaret O’Flaherty, publisher of Lawyer.ie & Principal of Tyrrell Solicitors.
To arrange a consultation by phone or in person, contact her using the enquiry form or call (01)6671476.
Can whiplash be diagnosed or proved/disproved?
Clinically known as cervical acceleration-deceleration injuries, these can cause a whole range of whiplash associated disorders. These include primarily pain and stiffness in the neck, shoulders and back. People who genuinely have these symptoms as a result of a car accident do not necessarily have any physical evidence that can be determined by a medical examination or scan such as an x-ray.
It is hence notoriously difficult to prove and virtually impossible to disprove. The belief is widespread that a sgnificant amount of these personal injury cases are exaggerated or fraudulent. Nonetheless, it is a very common injury and can be be quite serious in the long term producing secondary symptoms such as dizziness, insomnia and tingling sensations.
So if you have experienced such an injury through no fault of your own, do not be embarrassed about seeking redress in terms of financial compensation for the loss, pain and discomfort it has brought you. Make sure you talk to a reputable injury law solicitor who is Law Society registered about a possible claim and always seek medical attention in the first instance when the injury occurs.
How much compensation is paid for whiplash in Ireland?
Serious neck injury associated with incomplete paraplegia resulting in
permanent spastic quadriparesis or where despite the wearing of a
collar 24 hours a day for a period of years, the neck could still not
move, and severe headaches have proved intractable.
€150,000 – €300,000
Injuries, usually involving serious fractures or damage to discs in
the cervical spine, which give rise to disabilities of considerable
severity, but which fall short of those arising in above;
permanent damage to the brachial plexus or substantial loss of
movement in the neck combined with loss of function in one or
more limbs.
€100,000 – €150,000
Injuries causing very severe symptoms from fractures or
dislocations that may require spinal fusion, or severe damage to
soft tissues and/or ruptured tendons leading to chronic conditions
and significant disability of a permanent nature.
€70,000 – €100,000
Injuries involving less serious fractures and dislocations than at (i)
above, but which nonetheless cause severe symptoms and/or pain
which will be permanent or recurring.
€50,000 – €70,000
Cases involving soft tissue or wrenching type injury and disc lesion
of the more severe type resulting in cervical spondylosis, serious
limitation of movement, permanent or recurring pain, stiffness
or discomfort and the possible need for further surgery with
increased vulnerability to trauma.
€35,000 – €50,000
Moderate neck injuries
Injuries which may have accelerated and/or exacerbated a pre-existing
condition over a shorter period of time, usually less than
five years. This bracket will also apply to moderate soft tissue
injuries where the period of recovery has been relatively protracted
and where there remains an increased vulnerability to further
trauma or permanent minimal symptoms.
€12,000 – €23,000
Minor neck injuries
Injuries where a substantial recovery takes place within one
to two years. This bracket will also apply to short term
acceleration and/or exacerbation of pre-existing condition,
usually between one and two years.
€6,000 – €12,000
Where a substantial recovery takes place between six
months to one year. This bracket will also apply to short-term
acceleration and/or exacerbation of pre-existing injuries,
usually less than one year.
€3,000 – €6,000
Where a substantial recovery is made within six months.
€500 – €3,000