Whiplash occurs as a result of sudden movement of the neck, whether forwards, backwards, or sideways. This type of physical movement causes the soft tissues (tendons and ligaments) in the neck to become strained and sprained. Thankfully, for most individuals, the effects of whiplash are only short-lived (i.e. days or weeks), and there is no lasting injury. Some patients, however, may take several months to recover.
Due to the nature of the damage caused by whiplash, injured individuals may be unable to return to work for several weeks or months, placing them under considerable emotional and financial pressure, not to mention the pain and suffering they may endure over that time.
In some cases, whiplash may be due to the negligent actions (or failure to act) of another party. If this is the case, the injured party may be able to bring a claim against the individual or business entity.
At Lavelle Partners, we understand the implications of whiplash on those affected and have assisted many people in the same position to successfully bring a claim against the at-fault party. Some may wish to do this purely to bring that person or business to account for their negligence, whereas other claimants may need to do so to seek a financial remedy for their losses. Regardless of the reasons for claiming, our whiplash personal injury solicitors will work expeditiously and with the greatest of empathy to resolve your matter.
How does whiplash occur?
Whiplash is commonly associated with road traffic accidents, and while this is true, in many cases, it can also happen as a result of:
- A sudden blow to the head (e.g. due to a falling object in a warehouse, the impact from a moving object, or assault),
- A slip, trip or fall
- Sports injury (e.g. horse riding, falling from a bike, tackles during contact sports such as rugby)
- Amusement park rides
In such circumstances, the sudden movement causes the delicate ligaments and tendons of the neck to become damaged, bruised, and inflamed. This can cause reduced range of movement in the neck, headaches/migraines, neck pain, neck stiffness, lower back pain, pain and pins and needles in the upper limbs, spasms, dizziness, fatigue, blurred vision, vertigo, tinnitus, sleep disturbance, memory loss, irritability, or poor concentration. Some patients may also suffer from depression and anxiety as a result of whiplash.
Who is liable for my whiplash injury?
Whiplash injuries can be caused by accidents due to negligence in a range of contexts including (but not limited to):
- Educational establishments
- Public facilities
- Road traffic accidents
- Healthcare settings
- Military facilities
- Supermarkets or other retail establishments
- Construction sites
Regardless of where the injury occurred, it will be necessary to establish who is at fault for the accident which led to the whiplash injury. Depending on the situation, this may be a local authority, public entity, building contractor, employer, a private company, or an individual.
Do I have grounds for a whiplash injury claim?
To bring a claim against a negligent party for your injuries, it will be necessary to prove:
- The party owed you a duty of care – if you were not owed a duty of care, no claim can be brought, and;
- The duty of care was breached, and;
- The breach of care led to whiplash injury.
This means that in some contexts, it may not be possible to make a claim because there is a lack of proof that negligence occurred. One of our primary roles will be to establish if there are grounds for a claim and if so, to create a compelling case that proves the other party held legal culpability which they breached, leading to your injury.
If you are unsure if the circumstances of your whiplash injury are grounds for a claim, please contact one of our whiplash injury solicitors today who will take the time to listen to the details of your case and advise you of your legal options.
What may a claim for whiplash injury cover?
Claims following whiplash injuries due to negligence may cover two areas of loss:
- Pain and suffering due to the injury;
- Specific costs resulting from the injury caused. This may cover costs already incurred, such as transport, accommodation, and medical treatment, and expected future expenses, such as physical therapy and care costs.
The costs you receive will be based on the precise injuries suffered and the circumstances of the case.
How Lavelle Partners whiplash injury solicitors can assist you in bringing a claim
- Lavelle Partners have successfully managed many cases of whiplash injury caused by the negligence of another party.
- Our personal injury team, headed by partner, Avril Scally, who herself has over 15 years’ experience in personal injury claims, place client care at the centre of everything they do.
- From the first moment you speak to one of our solicitors, we will listen to your case carefully and with empathy and will only recommend advancing your case if we believe you have a valid case.
- We have both the legal expertise and understanding of the real-life challenges faced by individuals and their families following such events.
- Our Solicitors will manage the process entirely on your behalf; compiling the information necessary for your case, including medical notes, and managing the submission of your personal injury claim.
By allowing us to handle your claim on your behalf, you can focus on what is most important your recovery and care, or that of your family member or loved one.
For further information on making a claim for a whiplash injury in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800 or email Avril Scally at [email protected]