Whiplash is characterized as a neck injury resulting from a sudden back-and-forth movement of the neck. It commonly occurs in soft tissue injuries following rear-end car accidents when the head and neck are forcefully jerked forward and abruptly halted.
Whiplash can lead to a range of health problems that may persist for months or even years, causing difficulties in work, earning a living, and enjoying life’s activities. Seeking medical treatment and undergoing physical therapy can be costly, adding further burden as you strive to recover.
When whiplash stems from an accident caused by another driver’s negligence, you may have the opportunity to seek compensation through an insurance claim or personal injury lawsuit. Ensuring the support of your injury claim involves following these five crucial steps, which increase your chances of obtaining rightful compensation.
If you require assistance in pursuing your whiplash claim, our legal team can provide guidance on your legal options and help you secure the compensation you deserve. Contact us now for a complimentary consultation with no obligations.
Related Article: Questions Normally Asked By Insurance Company after Car Accident And Their Answers
- Promptly Seek Medical Care It is vital to seek immediate medical attention, even if you do not currently exhibit any signs of whiplash. Whiplash symptoms may not manifest until hours or days after the accident, and they can include:
- Numbness in the arms
- Shoulder, arm, or upper back pain
- Neck pain when moving
- Limited range of motion in the neck
- Blurred vision
- Ringing in the ears
- Irritability
- Memory issues
- Sleep disturbances
- Depression
Seeking immediate medical treatment from a qualified professional allows for swift intervention and may prevent further deterioration of your injuries, potentially expediting your recovery.
Prompt medical attention is also critical for the success of your claim. It helps dispel any suspicions regarding the legitimacy of your claim or the possibility of a preexisting condition causing your injury, whether held by insurance companies, judges, or juries.
- Adhere to Your Treatment Plan Always comply with the treatment plan prescribed by your doctor. This is crucial in facilitating a speedy recovery and minimizing setbacks or additional complications.
Following the treatment plan also serves as evidence to insurance companies, juries, and opposing attorneys that your injury is severe. Failure to adhere to the treatment plan may jeopardize your chances of receiving compensation or make the process more contentious, potentially affecting the amount of compensation you receive.
- File an Insurance Claim File a claim with the at-fault driver’s insurance company promptly after your injury to meet their deadlines.
When filing an insurance claim for whiplash:
- Stick to the facts: Provide only factual information to the insurer without speculating or offering personal opinions. Share the accident’s date, time, and location. You can mention that you are undergoing medical treatment, but refrain from discussing the severity of your injuries or the level of pain you are experiencing. Sharing such details inadvertently may harm your chances of obtaining compensation.
- Do not admit fault: Avoid accepting any fault in the accident. While fault attribution does not prevent you from receiving compensation, your statements can be used against you by the insurance company. Allow the claims process to unfold, and let the evidence determine the degree of fault, if any.
- Decline an independent medical exam: The insurer may request you to see their appointed physician, but you are not obligated to do so. Keep in mind that this doctor works for the insurance company and may prioritize their interests, aiming to minimize or deny compensation for your injury.
- Gather Evidence Collecting evidence to support your injury claim involves:
- Obtaining post-accident medical records: These records demonstrate your diagnosis and help establish the severity of your injury.
- Obtaining pre-accident medical records indicating your prior health status: This helps refute any preexisting conditions that could be attributed to the whiplash injury.
- Gathering test results: This includes medical imaging and diagnostic tests that reveal the nature of your injury and the progress of your recovery.
- Documenting expenses: Retain bills, payment receipts for medical treatment, and records of missed work time due to treatment or inability to perform job duties because of the injury. Comprehensive documentation of expenses enhances the likelihood of receiving fair compensation.
- Seek Legal Representation Enlisting the services of a skilled personal injury lawyer is crucial for building your case and negotiating with insurance companies to maximize compensation for your injuries. A lawyer can also provide guidance in filing a personal injury lawsuit to pursue damages if the insurance company fails to offer a fair settlement.
