What is a Whiplash Claim?
Whiplash is a soft tissue injury of the neck and cervical spine caused by sudden acceleration-deceleration forces, most commonly in rear-end road traffic collisions. Symptoms include neck pain and stiffness, headaches, shoulder pain, and restricted movement. The 2021 Personal Injury Guidelines substantially reformed whiplash valuation.
Am I Entitled to Claim?
You can claim if you suffered whiplash in a collision caused by another driver’s negligence. The claim is against that driver’s motor insurance. You must provide medical evidence of the injury, typically from your GP or A&E in the days following the collision, and you should follow all prescribed physiotherapy or other treatment.
Step-by-Step Process
See Your GP
See a doctor within a few days of the accident. Describe the collision and symptoms.
Physiotherapy
Follow any recommended physiotherapy. Keep receipts and attendance records.
Contact Keans
Free consultation. We open your claim and gather evidence.
Expert Medical Report
We instruct an independent medical expert who examines and reports.
IRB Submission
We submit your claim to the Injuries Resolution Board with full evidence.
Settlement
Whiplash claims generally settle after IRB assessment within 9 to 15 months.
Evidence That Strengthens Your Claim
The stronger the evidence, the more straightforward the claim. Where possible, gather the following:
- GP records of initial and follow-up consultations
- A&E attendance notes if attended
- Physiotherapy treatment records and receipts
- Independent medical expert report
- Diary of pain and functional impact
- Payslips if time was taken off work
- Any medication receipts or pharmacy records
Compensation Ranges
Bands reflect the Judicial Council Personal Injury Guidelines 2021, which substantially reduced whiplash awards and introduced new evidential requirements.
Frequently Asked Questions
Yes. While the Guidelines reduced awards, they did not eliminate them. Valid whiplash claims still result in meaningful compensation, particularly where recovery is prolonged, physiotherapy is needed, or work is missed.
Not necessarily. A GP visit within a few days of the collision is usually sufficient. Not seeking any medical attention at all creates evidential difficulty, but the claim can still succeed with medical records showing symptoms emerging within a reasonable timeframe.
Yes, through independent medical expert examination and report. The expert’s finding that symptoms are "chronic" significantly affects the compensation band. We arrange appropriate expert assessment.
Yes, but following your doctor’s advice, including physiotherapy, is both good for recovery and supportive of the claim. Deliberate refusal to follow reasonable treatment advice can reduce compensation on mitigation grounds.
Two years from the date of the accident or the date you first became aware of the injury. Miss it and your claim is statute barred, so contact a solicitor early.
No. The initial consultation at Keans is free. For personal injury cases we discuss all fees in writing before work begins. In contentious business, Irish law prevents solicitors from calculating fees as a percentage of your award or settlement.