Whiplash Compensation Lawyers

Get the compensation you deserve with vbr Lawyers. We’re the team that has your back for claims in Brisbane and across Queensland.

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What is whiplash?

Whiplash is an injury that typically affects the neck and back following a road or car accident or collision. Its name comes from the movement that occurs in a motor vehicle accident where there is an acceleration and deceleration, causing that jerking momentum. When you’re wearing a seatbelt, that jerking movement causes your head to jerk forward and backward. This can cause damage to the neck and spine. Typically, whiplash occurs in rear-end, head-on, and even side-on collisions. 


Whiplash can often be mistaken for a minor injury. And sometimes it is. However, it can also have really serious impacts on your quality of life. Chronic neck pain, difficulty moving, and headaches are some of the most common side effects of whiplash injuries.

What are the symptoms of whiplash?

There are a variety of symptoms you might experience if you have whiplash. 

Common symptoms

Below are some of the common whiplash symptoms — you may experience all or just a few of these. It’s important to note that your doctor or physiotherapist can help you find support for many of these symptoms as you navigate life after your accident.

If you have any of the above symptoms and haven’t yet, we absolutely recommend seeking medical advice as soon as possible.

How long does whiplash last for?

The time it takes to heal from whiplash will depend on the severity of your symptoms and the injury itself. Some whiplash symptoms will only last a few days or a couple of weeks. Some whiplash injuries can take months to heal. 


It’s important to seek medical advice soon after a whiplash accident, no matter how severe you think your injury might be. Medical professionals like general practitioners (GPs) and physiotherapists will be able to set you up with the best treatments to heal sooner.

How long after an accident can I claim?

There are strict timelines around whiplash compensation claims. You will need to lodge your Notice of Claim Form within nine (9) months of the incident or within one (1) month of consulting with a whiplash compensation lawyer. 


We recommend contacting a lawyer as soon as you think you might have a claim. There are many things to consider and pieces of evidence to collect throughout your claim process. The sooner you consult with a lawyer, the more knowledge you’ll have as you navigate through this process.

What causes whiplash?

Typically when we talk about whiplash injuries, we think of road and car accidents. While road accidents certainly are responsible for a lot of whiplash claims, there are a range of other accidents that may cause whiplash.

What can be claimed for whiplash?

When claiming compensation for whiplash, there are a range of expenses and damages that can be claimed, depending on your injury and how it’s impacted you. 

Some common examples are:

  • Hospital, medical, and rehabilitation costs
  • Loss of earnings (past and predicted future losses)
  • Pain and suffering
  • Home care

Whiplash can be debilitating. vbr Lawyers is here to make your whiplash injury claim easy. We’ve got your back.

Whiplash injury claims are time-sensitive.

Here’s what you need to know.

There are tight timeframes around claiming compensation for your whiplash injury. You need to submit your Notice of Claim Form within nine (9) months of the incident or within one (1) month of consulting with a compensation lawyer. 

For the best chance in your claim, we recommend contacting a lawyer ASAP so you can get the right advice from the start.

The whiplash compensation process

The whiplash compensation process is going to look a little bit different for each individual. Getting started with vbr Lawyers is easy, though.

Talk with a lawyer

The first step is a chat with one of our lawyers. These normally take 30 minutes, but there’s no time limit. We’ll want to find out what happened and your steps so far. Don’t worry, there are no wrong answers here.

Get a letter of advice

We’ll get a letter of advice back to you within a few days. Your lawyer will deliver a list of recommendations to you in a way that is easy to understand. If you haven’t already, your lawyer will always recommend seeking medical advice.

Start the process

Once you’re happy to get started, we’ll begin the claim process. This will look different from case to case but will start with us notifying the at-fault party and any other relevant parties like CTP insurers or WorkCover.

Evidence to collect in whiplash compensation claims

The best thing you can do for a whiplash injury claim is to begin collecting evidence immediately. Almost any step you take as a result of your whiplash injury should be recorded, and any proof of expenses or the impact on your life should be collected. 


Here are some of the pieces of evidence you should collect.


Take photos of the accident or the scene following the accident. This might be a photo of your car, bicycle, or yourself. 

A record of events

We recommend writing notes about what happened as soon as you can as it will become harder to remember the later you do it. Note down the street or intersection, the weather, how the accident happened, and any witnesses’ details you have. 

Medical evidence

You should seek medical advice as soon as you can and keep documentation of the assessment. You will want to have details about your diagnosis, tests, treatments, and all associated costs.

Expenses & loss of income

As well as your medical treatment expenses, keep a log of all expenses related to your injury generally. Log any income you lose throughout the process due to your inability to work.

We’re a little bit different.

We pride ourselves on taking a different approach.

Frequently Asked Questions

What is the average whiplash compensation payout?

You may be eligible for valuable compensation for whiplash injuries from a car accident, but it is essential that you have expert legal representation. The Motor Accident Insurance Commission in Queensland reveals that the average settlement for someone who does not use a lawyer is about $8,000.00. The average settlement for someone who retains a car accident lawyer is $90,000.00.

I've got whiplash from a road accident. What are my rights?

If you have whiplash due to a road accident and the accident was not your fault, then you will have a whiplash injury compensation claim. Strict time limits apply for lodging claims, so don’t delay seeking advice. You have 9 months from the date of the accident to lodge the claim with the insurer of the vehicle at fault and 3 years from the date of the accident to commence court proceedings.

Once you have retained us, we prepare and lodge any and all whiplash claim forms and ensure court proceedings are commenced on time. Your whiplash claim will be covered or paid by the insurer of the driver or person at fault. We can assist in finding out all the necessary details for you to be able to make a whiplash injury compensation claim. You are entitled to submit a whiplash claim to the insurer of the vehicle at fault. Once the whiplash claim has been lodged, we can and will assist with your medical and rehabilitation needs by dealing with the insurer and your healthcare providers.

Once your whiplash injuries have settled down and stabilised, we can seek and recover monetary compensation for the following on your behalf:

(a) Pain and Suffering;

(b) Loss of Wages or Income;

(c) Future Loss of Wages or Income;

(d) Past and Future Loss of Superannuation Benefits;

(e) Out of Pocket Expenses;

(f) Past and Future Medical Treatment Costs;

(g) In some cases, Past and Future domestic Care and Assistance;

(h) In some cases, a healthy contribution towards your legal costs which at vbr Lawyers will equate to at least 50% to 70% of your total legal bill being paid by the insurer.

Does a whiplash injury only affect the neck?

No. A whiplash injury from a road accident can cause pain symptoms at all spine levels, including the neck, mid-back and lower back. This can have associated pain symptoms, including severe headaches that affect eyesight and sleep patterns. In some cases, depending on the level of the spine affected by the road accident whiplash injury, there can also be neurological symptoms such as pins and needles in the fingers, hands and wrists, or pins and needles and numbness in the legs.

Other symptoms associated with whiplash caused by road accidents can include shoulder pain either from direct trauma such as from a seatbelt during the force of the collision as well as pain radiating from a whiplash neck injury into the shoulders.

I still have some ongoing whiplash symptoms, but I am now back at work. Is it still worth my while to make a claim?

Yes. Only a minority of our claims involve people who have been permanently prevented from working due to whiplash injuries. Most of our whiplash claims are for people who are still working but have some ongoing symptoms and problems. Even if you are back at work, your work capacity may not be the same as it once was, so you may still be able to recover valuable compensation.

In any case, it is best to notify the insurer of your whiplash claim as soon as possible. If you are completely symptom-free and the claim does not proceed, you will not owe anything to us or anyone else.

When should I get legal advice about my whiplash injury from a road accident? Do I need a lawyer to assist me with my whiplash claim?

We strongly recommend that you seek legal advice as soon as possible after you have sustained a whiplash injury from a road accident. The laws governing whiplash claims are complex, and the value of your claim will depend on a number of factors. Therefore, it is important to get proper legal advice. We are happy to provide you with obligation-free legal advice so that you can understand your rights and options.

An experienced personal injury lawyer will be able to advise you of your rights, explain the whiplash claims process, answer any questions you have about your rights, advise on whether your case can be won and, if so, how long it might take to complete, and estimate the likely full value of your claim.

It is not mandatory to retain a lawyer for a whiplash claim, but the Motor Accident Insurance Commission reveals that the average settlement for people who do not use a lawyer is less than $10,000.00. The average settlement for people who are represented by a lawyer is over $85,000.00.

If the value of your claim is minimal, we will advise you accordingly. If the value of your claim is so small that the legal costs would eat into the value of the claim, we will also advise you of this as early as possible.

If the value of your claim is moderately sized or significant, you will be pleasantly surprised and relieved by our fee structure and fee policy compared to the larger firms. We guarantee it.

How long will it take for my whiplash case to settle? How much will it cost me?

We have over 45 years of experience in resolving whiplash claims, and we know that it usually takes 6 to 18 months for a claim to be resolved. We will explain the likely fees upfront, and we are committed to providing clear and transparent information about our fees and charges.

No matter what happens or how your case progresses, our professional costs will never exceed 30% of the value of your claim. For example, if your claim settles for $100,000, we will not charge more than $30,000 in professional fees.

Even if we incur more than $30,000 in professional costs, your bill will never exceed 30% of the value of your claim. So, if we incur $50,000 in professional costs, you will only be charged $30,000.

The same is true if we incur less than $30,000 in professional costs. For example, if we incur only $15,000 in professional costs, you will only be charged $15,000.

We are confident that you will find our fees and charges to be extremely reasonable.

Do you offer your services on a 'No win, no fee' basis for whiplash claims? What does 'No win, no fee' really mean?

Yes. We offer our services to our clients on a “No Win – No Fee” basis. At vbr Lawyers, our No Win – No fee policy is this:

(a) You will only ever pay legal fees for the work we do at the end of your whiplash claim and if and only if you win;

(b) We will fund and run the whiplash case for you and the legal costs will come out of your settlement monies which are paid by the insurer;

(c) In the very, very unlikely event that your whiplash claim goes to court and in the even more unlikely event that a trial is required and you lose, you would still pay us nothing, but you are likely to be ordered by the court to pay the other side’s legal costs.

Our lawyers have your back. Let’s talk about your claim.

Make vbr Lawyers your partner through your whiplash compensation claim. A multi-award-winning firm with a stellar reputation, our lawyers have your back.

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