Whiplash, as defined by the Mayo Clinic, refers to a neck injury caused by abrupt, forceful back-and-forth movement of the neck. Commonly stemming from rear-end car collisions, this soft tissue injury occurs when the head and neck are swiftly thrust forward and then suddenly halted.
The repercussions of whiplash can span from health issues persisting for months to even years, impeding your ability to work, earn a livelihood, and relish life’s pleasures. The costs of medical treatment and physical therapy can exacerbate the challenge as you strive to recover.
When whiplash results from another driver’s negligent actions, seeking compensation through an insurance claim or personal injury lawsuit may be possible. Ensuring the strength of your injury claim requires adherence to the following five steps, offering a chance to secure rightful compensation.
If navigating your whiplash claim proves daunting, our car crash law firm stands ready to guide you through your legal alternatives and aid in securing the compensation you’re entitled to. Reach out to us today for a no-cost legal consultation, devoid of any obligations.
1. Seek Medical Care Immediately
You should always seek medical attention immediately, even if you are not experiencing any signs of whiplash. Sometimes it takes hours or days to experience whiplash symptoms, such as:
- Numbness through the arms
- Shoulder, arm, or upper back pain
- Pain when moving your neck
- Limited range of motion in the neck
- Blurred vision
- Ringing in the ears
- Irritability
- Memory issues
- Sleep disturbances
- Depression
The faster you seek medical attention from a qualified medical professional, the faster your injuries can be treated. Immediate treatment could help prevent your injuries from worsening and possibly speed up your recovery.
Seeking immediate medical treatment is also critical to the success of your claim. It will help prevent insurance companies, judges, and juries from suspecting your claim is not legitimate or that your injury was caused by a preexisting condition.
2. Follow Your Treatment Plan
Always follow the treatment plan prescribed by your doctor. This is important to help you recover quickly and minimize setbacks or other side effects.
Following the treatment plan also demonstrates to insurance companies, juries, and lawyers for the other side that you have a severe injury. Discontinuing treatment could end your chances of recovering compensation or make the process much more contentious, possibly affecting the amount of compensation you receive.
3. File an Insurance Claim
Initiate the insurance claim process promptly with the at-fault driver’s insurance company immediately following your injury to avoid missing any crucial deadlines set by the insurer.
Guidelines for Filing an Insurance Claim for Whiplash:
Stick to the Facts – Furnish the insurer solely with factual information, avoiding speculation or personal opinions. Share the accident’s date, time, and location, and mention that you’re currently undergoing medical treatment. Refrain from disclosing the extent of your injuries or the level of pain you’re experiencing. Such details could inadvertently undermine your chances of securing compensation.
Decline Fault Admission – Refrain from accepting any responsibility for the accident. While acknowledging fault doesn’t necessarily impede compensation, your statements could be utilized against you by the insurance company. Allow the claims process to unfold naturally, with evidence ultimately determining any degree of fault, if applicable.
Independent Medical Examination Avoidance – Despite potential insurer requests, you’re not obligated to undergo an independent medical examination conducted by their appointed physician. This doctor represents the insurer’s interests, aiming to minimize or even negate any settlement for your injury.
A skilled car accident lawyer will help you build your case and negotiate with insurers to maximize compensation for your injuries. A lawyer can also guide you in filing a car lawyer to recover damages if the insurance company does not offer a fair settlement.
