Whiplash injuries can affect your capacity to work, enjoy everyday activities, and maintain your quality of life.
The stress of medical costs, loss of income and navigating complex documentation can feel overwhelming.
Our road accident lawyers, are highly trained in Victorian governmental laws and can provide support to you so you can gain the rightful compensation you deserve.
The average payout for whiplash compensation can range between $10,000 to $100,000, which you may be eligible to, based on your specific injury.
We’ll guide you through each step of the process, help you understand your rights and the steps you need to take in order to make a claim.
What is Whiplash?
Whiplash is a neck injury caused by a very sudden and forced back and forth movement of the head, similar to the cracking motion of a whip.
This is commonly associated in Victoria especially with traffic accidents and rear end collisions.
The quick impact causes the soft tissue in the neck to stretch and tear rapidly, resulting in pain, stiffness and may cause other symptoms.
Under Victorian governmental law, whiplash is recognised as a legitimate injury which may be the grounds for compensation.
The Transport Accident Commission (TAC) acknowledges whiplash as a potential outcome of transport accidents and offers assistance to individuals impacted.
What Can I Claim for Whiplash Compensation?
In Victoria, if you have a whiplash injury, you could be able to claim compensation for the following :
- Medical expenses such as appointments to the doctor, physical therapy and prescription drugs
- Wages lost as a result of time off
- Pain and suffering
- Future health care costs
- Loss of earning potential
- Home care and domestic assistance
- Travel costs associated with medical care
It’s important to remember that depending on your personal circumstances and individual situation, the specific items you are eligible to claim may change based on how serious your injury was and its impact on your life.
How do I Know if I am Eligible for Whiplash Compensation?
In Victoria, in order to be eligible for whiplash compensation in Victoria, you will need to meet the following criteria :
- You were injured in a transport accident within Victoria.
- The police were notified of the accident (unless it involved a public transport accident)
- You have sought out medical attention for your injuries.
- You file/lodge a claim within a year after the accident or as soon as the injury becomes apparent.
You might be qualified for compensation even in the event that :
- You were a fault as the driver
- No other vehicle was involved, for example you swerved to avoid an obstruction
- You were a cyclist, passenger or a pedestrian
Victorian legislation, through the TAC system, seeks to support and compensate all those impacted by transport accidents, regardless of fault, which is the reason for the broader eligibility.
Although whiplash is frequently linked to traffic accidents, similar injuries can happen in other scenarios as well.
Similarly, whiplash is covered under a broader category of personal injury claims. Our lawyers at Maxiom understand the nuances and specifics of personal injury claims, and can help support you through navigating your claim effectively.
You can read our helpful blog resources on :
A complete guide to personal injury claims & birth injury claims
What Steps Should I Take to Claim Whiplash Compensation?
For your claim to have the highest chance of success, you should proceed promptly.
This involves the following steps :
1. Get medical help right away :
This is important for your health and to prove that your injury was caused by the accident.
2. Report the accident to the police :
this is required for any traffic collision, with the exception of occurrences involving public transportation.
3. Gather evidence :
Maintain all medical documents and receipts, take pictures of the scene of the accident, witness details.
4. File a claim with the TAC :
You can do this directly online through the TAC’s website here : on how to lodge a claim with the tac
5. Provide support documentation :
This will include police reports, medical certificates and any other pertinent evidence.
6. Attend medical evaluations :
In order to evaluate your injuries, the TAC may require that you undergo independent medical assessments.
7. Maintain records of expenses :
Keep documentation relevant to medical bills, missed income and how the injury has affected your daily life.
8. Get legal advice from Maxiom Injury Lawyers :
Our road accident lawyers in Melbourne can work on your behalf by file and gather documentation, offer you legal counsel and guide you through the claims process.
What is the Average Payout for Whiplash in Australia?
In Australia, the average compensation for whiplash varies depending on the severity of the injury and how it impacted an individual’s life.
In Victoria, for injuries considered minor the average compensation payout as a weekly personal injury benefit, for a maximum of 6 months, currently ranges between $10,000 to $20,000.
The entitlement to common law damages of up to $150,000 if whiplash has resulted in serious consequences. You can read more about claims for common law damages directly at the TAC’s website
Keep in mind that the following numbers are averages only and the payouts can vary significantly.
The following factors can influence the final payout amount including :
- The extent and length of the damage
- The effect it has on your capacity to work
- The impact on your quality of life
For guidance on your particular circumstances seek legal counsel from our lawyers at Maxiom, for an accurate evaluation and potential compensation.
How Maxiom Injury Compensation Lawyers Can Help
It can be difficult to navigate the complexities of whiplash compensation claims, particularly when you’re dealing with pain and recovery.
Our team of highly experienced road accident lawyers specialise in personal injury claims, including whiplash compensation.
We can help you with :
- A free initial evaluation of your case
- Gather and present compelling evidence to support your claim
- Directly handle all communication with the TAC and additional parties involved
- Negotiate on your behalf to secure the best outcome for your case
- Fill and complete all necessary documentation accurately and in a timely manner
- Represent you in court if necessary
Get in touch with our team at Maxiom Injury Lawyers Melbourne to discuss your case.
We offer a no win, no fee claims, you can feel confident knowing you’re taking the first steps towards gaining the rightful compensation you deserve.
