Whiplash is one of the most common types of injuries associated with car accidents, affecting up to 83% of those who seek medical attention after a collision. So, what can you do if you’re experiencing whiplash after a car accident and can you make a whiplash injury claim?
What Is Whiplash?
Whiplash is a soft-tissue injury that is caused primarily by the neck forcibly bending back and forth. Whiplash is often the result of a collision, like rear-end accidents, where acceleration is followed by sudden stop.
Since whiplash is a soft tissue injury, it is not always visible like other injuries. However, that does not mean that it is any less severe than other injuries. In fact, whiplash can range from mild to severe. Minor whiplash injuries often include neck pain that subsides in a few days to a week, while severe whiplash can result in nerve damage or chronic pain.
What Are The Symptoms of Whiplash?
Like any injury, whiplash symptoms can vary from person to person. Common symptoms of whiplash include:
- Neck pain or stiffness
- Shoulder pain
- Low back pain
- Head pain
- Pain or numbness in your arm or hand
- Ringing in your ears
- Blurred or double vision
- Restlessness or inability to sleep
- Problems with memory or concentration
If you are experiencing any of the listed symptoms after an automobile accident, it is advised that you talk to your doctor or another trusted medical professional. He or she will be able to assist in formally diagnosing your injury, oftentimes through an x-ray, MRI or CT scan.
Can I Make A Personal Injury Claim For Whiplash?
To put it simply, you can file a whiplash injury claim. However, whether or not your claim is valid depends on the severity of your injury. Oftentimes, whiplash injuries can resolve themselves in a few days, which would generally not be enough to file a claim, but there are circumstances where individuals experience pain even after a considerable amount of time has passed.
In order to file a successful claim for a whiplash injury, it is highly recommended that you seek the attention of a medical professional as soon as possible after the accident. Even if you do not feel as though you have any severe symptoms at the time, when injuries become apparent after the fact, having proof that you have sought out the advice of a medical professional after the accident can help with your claim.
If your doctor diagnoses you with whiplash, it is then extremely important to follow up on any and all recommended medical treatments. Following treatment plans to completion or until your doctor is satisfied with your progress signals to the insurance company that you have, in fact, suffered a serious injury.
What Factors Are Considered In Determining Compensation For A Whiplash Claim?
Since every claim, including those involving whiplash, comes with its own unique set of circumstances, the amount of compensation you’re eligible to receive will depend on several factors.
The Severity Of Your Whiplash
The severity of your injury is key in determining how much compensation you can claim for whiplash. Mild cases of whiplash generally do not have much permanency, meaning that the injury likely will have no lasting effects, but more severe injuries may require surgery or result in ongoing, chronic pain.
How Long You Received Medical Treatment
It’s important to document the time it takes from your accident until you’ve recovered. If you sought the help of a medical professional after your accident, the treating physician may be able to give you an idea of how long your road to recovery may be. Although it is not the only relevant factor, the significance and duration of any medical treatment you are required to endure is relevant to your financial recovery.
Any Financial Expenses or Losses You Experienced
After the accident, you may not be able to work as a result of your injuries, and your medical bills may start piling up. Any expenses you’ve incurred directly related to your whiplash injury are eligible to be reimbursed through your own no-fault insurance or by filing a claim with the at-fault party’s insurance company. These expenses include, but are not limited to, medication, testing, physical therapy, and chiropractic care. You may also recoup financial losses if, as a result of the accident, you are unable to work while you recover or you suffer a permanent disability that prevents you from working in the future. These claims may be made through your no-fault insurance or through the at-fault party’s insurance company, in addition to filing a claim for disability where applicable. A personal injury attorney is a vital resource in assisting you in seeking full recovery from the appropriate entities for any financial losses you incur following an accident.
The Documents You May Use To Prove Your Injury
In any personal injury case, documentation which proves that you were not liable for the accident and that you suffered as a result of another person’s actions is the key to success. Medical records are perhaps the most important documentation in a personal injury case, as they can help tell the story of your injuries and suffering.
In addition to your medical records, documents that you should keep on hand include:
- The police report
- Any information from witnesses to the accident
- Photos and evidence from the accident scene itself
- Proof of lost wages
- Proof of out-of-pocket expenses related to your medical treatment
It’s your job as the plaintiff in a personal injury case to prove that the other party acted negligently through a preponderance of evidence and that you incurred damages as a result of those acts. Keeping all of these documents on hand is extremely important when it comes to settlement negotiations with the insurance company. The above is not an exhaustive list; you should maintain any documentation that you have relevant to your claim and, if you retain an attorney, provide it to him or her to help strengthen your case.
Call Cellino Law If You’ve Been In A Car Accident
If you’ve sustained a whiplash injury after a car accident and are not sure where to start or whether you can even file a whiplash injury claim, contact the trusted professionals at Cellino Law. Our team of attorneys will work with you to assess your case and to maximize your recovery for your injury.
For a free case consultation, contact us at 888-888-8888.
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I can only say great things about my attorney Allan Silverstein. He is professional, he calls back right away, he keeps me informed, and makes me feel comfortable as this entire ordeal is stressful. I have total confidence in his ability to handle whatever comes his way. He is no nonsense and very good at his job. Thank you Allan... he is a true asset to the team!
Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.
I am so grateful for your expertise, patience, and perseverance which resulted with such a successful settlement regarding my car accident. I also want to let you know how impressed I was with you and your firm and I won't hesitate to recommend you to anyone who needs assistance from an accident. I truly appreciated your care and professionalism. Thank you again for your kindness and support
My wife and I would like to take this opportunity to thank you for a fantastic job as our attorney. We could not have been more pleased with the work you and your team has done on this case. This past four years or so has been such a roller coaster for our family. We are very pleased and grateful with the result. We have made a good choice by choosing you. Thank you.
I really just wanted to say thank you so much for taking my case, answering all my questions, and mostly for being very patient with me. I feel that without you and Roza I would not have been able to get anything at all. I hope to never need a lawyer again, but if I do I will definitely want you both working for me. Again thank your for you hard work, time and patience.
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