I suffered whiplash in a crash – can I claim after a car accident?
Provided that the accident which caused you to sustain whiplash was due to the negligence of another driver, the answer to “can I claim after a car accident?” should be, yes. However, simply saying that another driver was at least partially negligent is not enough; in order for a claim for car accident compensation to be successful you must be able to prove that the accident was caused by the other driver’s lack of care.
There are a number of procedures you should complete before you decide to pursue your claim for car crash injury, the first and most important being to take care of your health. You should have sought immediate medical attention following the accident, even if your injury did not seem serious at the time. Whiplash symptoms sometimes take time to manifest but it should be noted that a failure to have been examined by a medical professional as soon after the accident occurred as possible may lead to accusations of contributory negligence. This means that the amount of car accident compensation you are eligible may be reduced to reflect your own lack of care.
Another scenario in which contributory negligence may become an issue is if the severity of your injury is found to have been worsened because of your own negligent actions. A common example of when contributory negligence would come into force is when it transpires that the accident victim had not been wearing their seatbelt. Compensation amounts have been known to be reduced by up to twenty five per cent in these instances. If you believe that contributory negligence may need to be addressed in your case, you would be well advised to ask an experienced solicitor “can I claim after a car accident?” at the first practical opportunity.
Other procedures which would benefit your claim for car crash injury upon completion would be the submission of a Gardai report. If the accident was serious enough to require their presence at the scene, the Gardai would have made their own report, taken pictures, gathered the details of those involved in the accident and taken witness statements. However, if the Gardai did not attend the scene, you should still have made your way to the local Garda station and filed a report of the accident in their Accident Report Book.
It is recommended that you engage the services of an experienced personal injury claims solicitor at the first opportunity, following medical care. By presenting your solicitor with a copy of your medical notes and Garda report and after discussing the circumstances of the accident and your subsequent injury, your solicitor would be able to assess your claim and determine its viability. Once it is confirmed that the answer to “can I claim after a car accident?” is yes, your solicitor will be able to prepare your case to ensure that you receive the maximum amount of compensation for your injuries you are entitled to in the quickest time possible.
