Whiplash can be a neck injury that may be painful. It is commonplace during car collisions, particularly rear-end collisions. The injuries can cause extreme symptoms. Such as blurred vision headaches, fatigue headaches, and ringing in the ears.
If you’re suffering from the signs of whiplash due to an incident that you suspect was due to a reckless driver, you may be able to file a claim for personal injury compensation.
This article will cover how whiplash claims for car accidents function and how you can file a whiplash claim from a car accident. Let’s go!
What is a whiplash injury?
“Whiplash” refers to the informal name for a cervical muscular strain, neck strain, or a range of other injuries you might be able to sustain in a car accident. The injuries that are widespread that a car crash lawyer could be referred to as a “whiplash injury lawyer!”
Even though it’s typical, whiplash isn’t an injury that is minor. If whiplash sufferers don’t seek treatment, try to cut the pain, smile, and take it on, injuries could worsen.
Whiplash happens when a person’s head is whipped around due to the force of a collision in a car accident. The movements are referred to as hyperextension or hyperflexion. If this occurs, vertebrae are displaced and even damaged.
Whiplash can also cause straining or straining of the back, neck, and shoulders.
The severe whiplash issues could lead to:
- Inflammation of joints, muscles, as well as ligaments all over the body
- Soft tissue injuries, such as disc ruptures, torn ligaments, and ruptured discs
- Vertebrae that are damaged
- Permanent nerve damage
- Traumatic cerebral injury (TBI)
What is the Evidence to file a Whiplash claim from a Car Accident?
Do you know how to prove you’re suffering from whiplash? The whiplash claims should be treated as any other auto accident injury claim. Your claims for whiplash injuries should reflect the actual cost of your injuries. But how do you determine the actual worth of your claim and support it with evidence? You should gather this evidence to prove your claim:
- The police report
- All receipts and bills
- Medical records from the past show that you were healthy before the incident
- Medical records that are current, such as prescriptions, test results and x-rays, MRIs, and many other images
If you’re claiming wage loss, you can show this part in your case by supplying old pay stubs, timesheets, or other evidence from your employer indicating the days you’ve missed.
Attorneys can get documents from your chiropractor. And your doctor about your diagnosis and recommended courses of treatment. These documents are used to estimate the potential cost of medical bills.
A lawyer for car accidents will help you determine the worth of a whiplash injury claim and get the money you’re entitled to.
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What are the steps to file a whiplash claim from a car accident?
1. Seek Medical Attention As Soon As Possible
If the incident was severe enough to warrant an emergency, medical experts would likely be sent to the site of the accident.
If this doesn’t happen, then you should get medical help immediately. Suppose you’re able to then go to an emergency room. If not, ask someone from your family or a close friend to take you to the hospital so that a licensed medical expert will examine you.
A physician should be able to pinpoint the extent of injuries you sustained regardless of any symptoms you might or might not be suffering from.
It will also not just get you on the path to recovery and help you recover. But it will also show the importance of having claims with the insurance company.
Insurance firms are generally skeptical of how severe whiplash cases are. They’re even more skeptical about the claim if the victim isn’t seeking medical attention.
If this occurs, insurance companies typically believe that victims are seeking money and that their injuries are the result of an event other than the incident.
2. Follow The Treatment Plan
When you leave the doctor or hospital, the doctor will outline the treatment strategy. It could involve the use of prescription drugs, taking more tests, visiting specialists or receiving physical therapy.
It is essential to follow your prescriptions from your doctor. Attend every appointment the doctor requires and take all the tests the doctor wants.
This can increase your chances of getting complete recovery. It also shows the seriousness that you have a claim with the insurer.
Insurance companies are businesses concentrated on their bottom line. But, the process of submitting claims doesn’t have to be a source of contention.
Getting immediate treatment and adhering to the physician’s instructions can lessen the likelihood of conflicting discussions. This could increase your likelihood of receiving an amount that is reasonable to you.
3. Get Relevant Medical Documents
Keep meticulous records of receipts and bills for each appointment or test, as well as any other medical expense related to your injury treatment. If your case is accepted, you could be awarded the money to pay for those expenses.
It is also necessary to get documents from each of the doctors you visit and the results of tests, prescriptions, and notes from the doctor. They will record all your injuries.
If possible, get medical records from before the accident. This will show the changes in your health following the accident. It will also help to show that an existing condition doesn’t cause your injuries.
4. File A Car Insurance Claim Immediately
Certain insurance companies have deadlines to file claims. So it is crucial to contact the insurance company following the accident.
You should explain that you were by accident and that you are receiving medical treatment. It is also possible to include specifics about the accident’s time, date, and precise location.
But, it is best to keep your remarks brief. The insurance company might be trying to force you to express your opinion regarding the accident or describe the injuries. It is best to respectfully decline to answer any of these questions.
The issue with expressing opinions is that you may reduce your injury or admit to some degree of responsibility for the events that occurred. This could severely harm your chances of getting the correct amount of settlement.
The insurance company will be able to review the medical record of your doctor, police report, and more evidence to assess the extent of your injuries and the person who was responsible for the accident.
If you’re concerned about speaking to the insurer after the initial meeting, you may get your lawyer to handle the insurance company.
How to Make a Whiplash Injury Claim from a car accident?
After an accident, take these steps:
- Take your car off the road and get away from traffic.
- You can contact the police. They will attend at the spot and record an accident report that could be crucial evidence in your case.
- Collect the details regarding the motorist, such as their license number, as well as their insurance provider, their plates, and other information.
- Get a medical professional’s attention whenever you can, even if it’s not clear that you think that you’ve suffered an injury. The effects of soft tissue injuries aren’t always clear at first. They can, nevertheless, cause a significant impact on your life, far more so than a broken bone might. The prompt treatment of your medical doctor can give you the most excellent chance of an efficient recovery.
- Contact your insurance provider for your car to report the collision and start submitting your claim. Give them the details you gathered at the scene of the collision.
- Get a car accident lawyer. If a negligent driver has struck you, how can you have to pay for the damages they caused? A lawyer who handles whiplash cases could assist in bringing them to account for the injuries you sustained. An experienced insurance lawyer could distinguish between a satisfying settlement from an insurance company for a car accident or a rejected claim.
A case number and claims representative are assigned to you. But, in the future, your lawyer will be able to communicate with them on your behalf.
Can a Passenger Claim for Whiplash?
Yes, accidents with cars can also make personal whiplash claims. Since they’re not responsible for any aspect of the collision, they are more likely to receive tremendous success when filing an individual injury claim. The claimant is eligible to receive the same compensation as an injured driver.
If a car accident involves many vehicles, an individual passenger might be able to take action against the other drivers who were involved. If a single car crashes, the driver might be able to submit a claim to the driver’s insurance company.
Some injured people do not want to take legal action. Because they fear they’ll end their relationship with the driver whom they may have known as someone they knew as a family member or friend. Do not worry; you’re not asking them to pay you; you’re seeking their liability insurance.
The injured party can show their fault in the same way we discussed earlier. In Texas, pursuant to comparative fault rules, the person who suffers the injury must first undergo medical treatment. Then, they are required to pay the insurance firms.
If you’re a victim in a taxi, Uber, or Lyft accident, the same procedures apply. Contact a car insurance attorney to learn more.
How long after an accident can I make a whiplash injury claim?
If you intend to receive weekly medical expenses from your CTP after the accident, the claim in all states has to be made within 28 days from the date of the accident. In NSW, as an example, these weekly payments are restricted to not over 26 weeks.
Most states will consider claims for up to 12 months following the accident for more benefits or lump-sum payments, but sometimes it is more.
This is because it is known that injuries to the neck and their severity might not be clear immediately and can increase with time. If you want to claim whiplash injury, you must talk to a reputable lawyer as quickly as possible.
How Long Will an Insurance Company Take to Settle Your Whiplash Claim?
It’s challenging to be the absolute truth. Assuming that you immediately inform the insurance company about the incident and submit all required documentation, the process could range from a few days up to several months.
There are various reasons the insurance company could delay the resolution of your claim, even if you’ve cooperated fully.
In the beginning, the adjuster might be busy. Adjusters for car accidents handle various claims and with different levels, which means there could be another issue taking the lead.
The adjuster may be waiting for more details. Although you’ve provided them with everything they asked for, they could be waiting for documents they’ve requested from a government agency. Perhaps the insurance company has employed an investigator to investigate some of the facts surrounding your crash.
Thirdly, they might be slowing. A car insurance provider might be doing this to ensure you’ll take a lower settlement offer or that you will not make a claim. When your insurance firm disregards your claim based on the circumstances, it could lead to a legal suspect for bad conduct.
What are some tips for building a Successful Whiplash Claim After A Car Crash?
In North Carolina, drivers whose actions cause collisions with cars and injuries could be legally held accountable for the damages they cause. In North Carolina, the North Carolina Department of Insurance (NCDOI) suggests that in the case of an accident, motorists should follow the following tips:
- Be sure to get your vehicle off in a safe place close to the crash site.
- Contact local law enforcement agencies or call them directly. North Carolina State Highway Patrol
- Find out the other driver’s contact details, driver’s license number and registration number, and your insurance company and policy number.
- See a doctor immediately, even if you think your injuries are not severe.
- Contact your insurer as quickly as you can to file an insurance claim.
If the other driver is at fault for the collision and you are the victim, you must make contact with their insurer. A representative from the insurance company can be assigned to your claim. And they will need you to submit a written statement in which you describe the events.
It is crucial to understand that insurance firms have a financial reason to undervalue or deny your claim. Before making any declaration to an adjuster from the insurance company or signing any document, it is recommended to speak with a lawyer who is experienced in personal injury.
Here’s the summary of how you can file a whiplash claim from a car accident:
- Make notes and photos about the incident.
- Request police records
- Get medical attention, even if the neck pain isn’t too severe.
- Make a list of all your medical expenses
- Keep track of any income loss that results from the event.
When you have a claim for a road-related accident, it is crucial to talk to a trusted law firm as quickly as possible to receive the most compensation for your whiplash claim.
Originally from England, I’ve been repairing cars for over 16 years and am an automotive journalist. I’ve been working on cars for as long as I can remember, and it’s one of the best jobs I’ve ever had.
It is my intention to be your mechanic friend, that person who will assist you with any problem you may have with your vehicle and explain in detail how the problem can be fixed to you as soon as possible.
I produce and anchor a weekly auto news program. As well as providing insights into all things automotive, including expert analysis of the latest trends in the automotive industry, and ensuring you always know where to go for the latest automotive news, I also provide insight into all things automotive before the news breaks.
If I am not working, I am a riding motorcyclist and I do volunteer work with local charities whenever I have time. When I’m not riding my motorcycles or volunteering at local charities, you will find me at home in Portland, Oregon.