What is Whiplash and What Causes it?

The Irish court system in assessing damages are not bound by the figures published in the Injury Claims Guide but they will take these figures into account when assessing damages. In very severe cases where the claimant has not recovered the Court will assess damages up to the hearing date and will award a separate figure for pain and suffering into the future. In addition, the Court will award “Special Damages” ie, all expenses and costs incurred by the claimant to include loss of earnings up to the date of hearing and into the future, cost of care and in severe cases cost of future care.

Many neck injuries are associated with back and shoulder problems. Often these injures can be disabling with the victim living with significant pain and disability. Others are mild in terms of pain. The assessment of damages for whiplash compensation requires particular care and scrutiny. If the injuries are exaggerated the case can be dismissed. Medical experts can often be reliant on the honesty of claimants. The court should make its findings based on the nature of the extent of the injury but will also take the below list into consideration Prognosis.

• Age;
• Nature, severity and duration of injury and consequential symptoms;
• Extent of medical intervention and treatment needed;
• Evidence or risk of degenerative changes;
• The Impact of the whiplash injury on the claimants work;
• How has the injury interfered with quality of life and leisure activities;
• Impact on personal relationships;
• Prognosis.

Whiplash claims may be rejected if they are not submitted within 2 years (for claimants over the age of 18) they will also be rejected if the accident was your fault / you staged the incident. If you don’t have the right medical report, or the court thinks the accident was staged, your case could be dismissed.

You have 2 years from the date of the accident in which to make a claim.

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It’s vital to see a doctor immediately if you’ve been involved in an accident or had any sudden impact to your head and feel neck pain and / or stiffness. Most whiplash symptoms of the back and neck can be treated with ‘over the counter’ painkillers. Physical therapy helps to increase circulation, restore range of motion, and promote healing. If your pain lasts a long time you should be referred for specialist treatment.

Medication: With mild whiplash injuries your doctor will usually prescribe over the counter pain medication. More severe injuries will require prescription pain killers and muscle relaxants to reduce muscle spasms.

Physiotherapy: In addition, physiotherapy will often be advised along with a home exercise programme to regain strength and flexibility in the neck. Patients will often be advised to practice good posture and relaxation techniques to help the neck muscles from straining and to assist with recovery.

Collar: Patients are sometimes offered a foam collar to keep the neck stable. Usually, collars should be worn for no more than 2 or 3 hours at a time. Doctors will very often will advise that they should not be used for longer than a few days following the injury. Other remedies include chiropractic care, electronic nerve stimulation and acupuncture.

Severe injuries can occur if a person’s head is turned at the time of impact. A history of neck injury may also contribute to increased whiplash pain. The amount of pain a person suffers after an accident is complicated by that individual’s susceptibility to injury-which can be difficult to predict.

Many of us don’t realise the severity of whiplash and the impact it can have on a person’s life. The effects of whiplash can leave you feeling pain for days, months, and sometimes the pain can persist indefinitely. Some victims of a whiplash injury may experience chronic pain or headaches for years following an accident resulting from damaged neck joints, discs and ligaments.

Whiplash injuries, depending on the severity can last from a couple of weeks to years. For the best chance of speeding up your recovery, seek medical attention as early as possible. Your doctor will be able to properly diagnose your injuries and advise on a treatment plan to help assist your recovery.

How Long Does Whiplash Last?

Whiplash sometimes only lasts a few days but can last more than a year in severe cases.

Can Whiplash Come Back?

Like any injury, whiplash pain can reoccur. However, with the right treatment and care you should expect to make a full and permanent recovery.

Will my case go to Court?

We deal with every case on the basis that it may end up in Court – in reality cases don’t always go to court and usually settle beforehand. If the defendants Insurance Company has not offered enough or has made no offer on your case, then your case may go to court. However, if any offer has been made, you (the claimant) decide whether or not to accept it. Your Solicitor will give you advice in relation to accepting or rejecting the offer, but the ultimate decision is yours. If no offer is made, then this indicates that the other side is reasonably confident of defending the case.In such an event, your options will be clearly explained to you by your barrister and us.

Will my case go to Court?

Cases go to court for two reasons, either because the Defendant has not offered sufficient compensation or because the Defendant has made no offer. If an offer is made, it is for you to decide whether to accept it. Your Solicitor will advise on any offer, but the final decision is yours. If no offer is made, this suggests the other side is reasonably confident of successfully defending the case. In such an event, your options will be clearly outlined to you.

What happens if my case does go to Court?

If your case goes to court, there is no reason to be concerned about appearing in court, as your solicitor will guide you through your evidence. You simply answer all questions to the best of your ability. Your legal team will be there to support you throughout the whole case. You are first examined by your own Barrister, after which the Defendant’s Barrister will cross-examine and attempt to elicit details from you. These questions may be favourable to the Defendant’s case. The Judge may also have questions.

3 Tips for going to Court

 
1. When arriving for your case, it is important that you dress in a manner which shows proper respect to the Court.
 
2. If being questioned in court, Try to avoid giving hasty or confused replies.
 
3. If being questioned in court, Try to avoid giving hasty or confused replies.

Who will have to give evidence in Court?

After your evidence is completed, the evidence of any other witnesses is heard. This may include a medical practitioner. Their evidence is usually admitted as a medical report handed to the judge. Other witnesses may include an engineer.

Pre-Trial Consultation

A few days before or on the day of your trial, a consultation takes place with Counsel from both sides. During this meeting, if an offer is made by the other side, our legal team will provide detailed legal advice on the offer, but the decision whether to accept or not is yours. If no offer is made, this clearly indicates that the other side is reasonably confident of successfully defending the case. In such an event, your options will be clearly explained to you by us.

How does the Judge reach their decision on liability?

When all the witnesses have been heard and Counsel has made any relevant points to the Court, the Judge makes his/her decision, more often than not on the day, but on occasion they may postpone the judgement to another day. The Judge delivers their decision on liability, and if in favour of the Plaintiff, will make an Award of Damages as Compensation.

Can I appeal the Court’s decision?

Yes, either party may appeal the Court’s decision. An appeal may be made against the judgment on liability or on “Quantum” (the amount of the Award). In Circuit Court cases, the appeal to the High Court must be lodged within 10 days. The appeal is “De Novo,” meaning a full re-hearing of the trial, with witnesses examined, similar to proceedings in the Circuit Court

There can be no further appeal from the High Court’s decision. An appeal from the High Court is made to the Supreme Court. This is a much rarer occurrence. As a general rule, an appeal cannot be made against the decision of the lower court on the grounds of liability, but only on “Quantum”. The Supreme Court will adjust the amount of the award only where it is significantly too high or too low.

What’s the difference between the Circuit and High Courts?

In Circuit Court cases, your case will be presented in Court by your Barrister. In High Court cases, you will be represented by a Senior Counsel as well as a Barrister (Junior Counsel). A pre-Trial Consultation takes place with your Counsel either on the day of the Trial or within a day or two beforehand. When arriving for your case, it is important that you dress in a manner that shows proper respect for the Court.

What is a Court Lodgement or Tender?

Notice of Lodgement: When a case reaches the defence stage, the Defendant (the other side) may serve a “Notice of Lodgement.” This document informs us that the Defendant has deposited a sum into the court bank account and invites you to accept that amount as full settlement of your claim. In such a case, we will advise you on whether we believe your case could be worth more than the lodged amount.

Notice of Acceptance: Regardless of our advice, you have the option to accept the amount lodged, in which case we will serve a “Notice of Acceptance” and the court office will subsequently issue a cheque for that amount to complete the matter.

Refusal of Lodgement: If you refuse the lodgement and your case does not settle but proceeds to trial, with the Judge awarding an amount equal to or less than the lodgement figure, you will have failed to beat the lodgement and will be liable for all costs of the proceedings from the date of lodgement until the conclusion of the trial. When making his decision, the Judge will not be aware of how much the Defendant has lodged. A Tender operates in the same way as a Lodgement.

What happens in settlement meetings?

1. Your solicitor will meet you at the appointed time outside Court No. 1, in the Round Hall of the Four Courts (Dublin cases only).
2. Your solicitor will then introduce you to your Barrister. Your Barrister will have been fully briefed about your case and will have with him our “Brief”, consisting of copies of relevant material to your case.
3. Your Barrister will talk to you informally about your case, and we will advise you on the “value” of your claim, i.e. the approximate sum a Judge would be likely to award to you in the event that your case goes to Court at a later date.
4. Your Solicitor and Barrister will then discuss your case with the insurance company’s Solicitor or Barrister and endeavour to obtain their best offer, which we hope to be able to recommend to you.
5. We will then come back to you to discuss any offer that has been made and to give you our advice in relation thereto. Further negotiations may then take place.

Please note that you will not be pressured into accepting or rejecting any offer. Your solicitor and barrister are skilled negotiators and experienced in valuing cases. They are there to share their experience and advise you. However, it is your case, and your decision whether to accept or refuse the Defendant’s best offer. In addition to “General Damages” for your injury, we will claim on your behalf all expenses you have incurred as a result of the accident. Please bring to the meeting any relevant bills, receipts, etc., which you have not already provided to us.

What will my Barrister do?

When will I know the outcome of my case if it goes to court?

When all the witnesses have been heard and Counsel has made any relevant points to the Court, the Judge usually makes his/her decision there and then, or s/he may adjourn for a short time for consideration, or, on occasions, postpone his/her judgement to another day. The Judge delivers a decision on liability, and if deciding in favour of the Plaintiff, will make an award of damages as compensation.

How does the Judge reach their decision on liability?

Following a settlement or court award, it typically takes about 3 weeks for a cheque to issue from the major insurance companies. Local authorities can take longer, usually about 8 weeks.