Not at-fault Accident/Whiplash Claim

If a person suffers injury as a result of a car accident, then they will be entitled to make a claim against the Compulsory Third Party (CTP) insurer of the at-fault vehicle.

Passengers, even if they are in the at-fault vehicle, can bring a CTP claim for injuries they have suffered.

Am I entitled to damages for pain and suffering from a car crash?

The answer is yes. Once you are involved in a motor vehicle accident, then there are a number of different damages you can claim as a result of the injuries you suffered.

One of the many items that you can claim is damages for pain and suffering. This is an amount which compensates you for the ongoing pain you have had to experience and may still continue to endure as a result of the accident.

This amount of compensation is in addition to any other compensation entitlements you may have which can include ongoing medical expenses, either out-of-pocket expenses you may have had to pay for yourself as well as any likely future expenses you may have a result of your injuries.

You are also entitled to claim damages for time off work, or if you are likely to need time off work in the future due to your injuries, a claim can also be made for these future losses.

The best way to pursue a claim for compensation, and therefore recover damages for pain and suffering or for other items, is to consult a car crash lawyer.

Car accident injury lawyers specialise in assisting people with making a claim. Most lawyers who specialise in personal injury from motor vehicle accidents can ensure that appropriate medical evidence is obtained so that the claim can properly be bought against the insurer at the relevant time.

It is important to ensure that full medical reports or records are obtained as to the extent of your injuries.

It is also important to ensure that your claim is not settled too early, in that the full extent of your injuries may not be known, and it may be the case that you will need to be assessed by a specialist at up to 12 months post-accident, or sometimes even longer. This is to ensure a proper assessment can be done.

Do I have an injury case from my car accident?

If you were not the at-fault driver and have suffered an injury, then you do have a case and you can bring a claim against the relevant CTP insurer.

The best way of pursuing such a claim is to consult a car accident lawyer or car accident solicitor. The lawyer can then perform a search to ascertain who the CTP insurer is as long as you have the registration number of the vehicle at-fault, then the claim can be lodged on your behalf.

It is a relatively simple procedure for the lawyer to undertake the search and then lodge the claim with the insurer. Once the claim is lodged, the insurer has an obligation to investigate the matter and advise whether they accept liability.

They will also look at funding any treatment needs you may need as a result of your injuries. It is important to ensure that all injuries are properly looked at by a doctor and therefore assessed for treatment requirements, and if necessary, a treatment plan can be obtained so as to ensure there can be no criticism of you in seeking appropriate treatment after the accident.

How much will I get for pain and suffering from a car accident?

This depends on the medical records and reports as to the extent of your injuries. The current CTP scheme in Queensland has an assessment process whereby each individual person’s injuries are assessed in accordance with a scale.

Each injury is therefore given a rating on the scale. If there are multiple injuries, there is a procedure for them to be considered together – in which one is identified as the major injury, and therefore an assessment of that injury proceeds on that basis.

It is important to ensure that you get properly represented and that proper reports or records are obtained as to the full extent of your injuries.

What to expect physically after a car accident?

It is difficult to predict how a person will recover as a result of a car accident.

Often, unfortunately, given the nature of whiplash-type injuries, then they do tend to linger around and can affect people for quite a long period and in some cases, years after an accident.

It is also difficult to predict and doctors are sometimes uncertain as to giving a definitive prognosis, particularly in the earlier periods after an accident. Therefore it is important that proper treatment is obtained.

The doctors generally look at undertaking x-rays and other scans so as to ensure there is no structural damage, and once this is done, then an active course of physiotherapy may generally be considered appropriate.

It is important for you to discuss with your treating doctor whether this is the best for you and whether you should be seeking this or some other form of alternative treatment.

Generally speaking, the sooner you seek the appropriate and proper care and treatment, the faster you will look towards recovery.