After a Car Accident: To Claim or Not to Claim that is the Question

After a car accident, people usually ask themselves “should I make a personal injury claim?” Here’s how you can decide:

What types of injuries can I claim for?

There are a range of injuries people can sustain in a car accident. Common injuries which are the subject of successful personal injury claims include:

• Minor whiplash – where neck pain and symptoms generally settle after approximately 6 months
• Moderate to severe whiplash – where neck pain and symptoms can continue indefinitely.
• Neurological injuries to the spine and nervous system which can result in numbness in the extremities and shooting and burning pain.
• Orthopaedic injuries such as fractures to bones.
• Psychiatric injuries such as PTSD, Adjustment Disorders and Acute Stress Reactions.

My injuries are minor – is it worth making a claim?

The major benefit in making a personal injury claim after a car accident is that CTP insurers are obligated under Queensland legislation to fund your “reasonable rehabilitation”. If you want to speed up your recovery from minor soft tissue injuries such as whiplash, then a short-course of 6 – 8 physiotherapy sessions will usually help a lot.

As physiotherapy and other rehabilitative treatments can cost $100.00 or more per session, it always helps during a stressful and emotional time to know that you can usually have the insurer pay for this treatment.

Importantly, CTP insurers are much more likely to fund your rehabilitation if you or your legal representatives are requesting rehabilitative treatment soon after the car accident. The longer that you wait, the more of a battle it might be to get the treatment that you need.

What if I think I’m going to be fine

Getting on with life, putting on a brave face and dealing with pain and disability is part of what makes us Queenslanders. Whilst you might be able to put up with injury, pain and disability following a car accident, you should always ensure that you seek the appropriate medical treatment and follow the directions of your treatment providers. If your symptoms deteriorate over time, ensure you continue to inform the relevant healthcare professionals of your symptoms so that there is evidence of the effect that your injury is having on you.

How much is my claim worth?

It’s difficult to put an exact number on how much people’s personal injury claims are worth until all the necessary evidence has been obtained. The evidence needed includes treating doctor medical records, the reports of independent specialists, statements from witnesses and employers regarding any effects on employment, and any financial evidence that demonstrates earning capacity.

Importantly, however, even if you have returned to work and are pushing through your pain, courts generally understand that people have to work out of financial necessity, even whilst injured. Accordingly, providing other evidence is there to support an allowance for economic loss (medical reports, witness statements), CTP insurer’s will generally make allowances for economic loss on a “global” (i.e. general) basis.

Time Limits to Making a Claim

Lastly, if you’re considering making a personal injury claim after a car accident, you need to be aware of the strict time limits that apply.

Personal Injury Claims

At Claimwise our mission is to help you save money on your legal fees. By starting your CTP claim with a traditional ‘No Win, No Fee’ law firm your total legal fees can end up being $10,000 or more higher than by using us.

If you or someone you know have been injured on the road in Queensland and want to keep your legal costs down, feel free to get in touch with us.

Be smart, claim wise.