Being involved in a car accident is extremely dangerous. Even collisions at low speeds can have drastic consequences for those involved, causing serious injuries that require emergency care and ongoing medical treatment.
If you are the victim of a car accident caused by someone else’s negligence, you may have the right to pursue compensation for legal damages from the collision.
One of the potential effects of a car accident is whiplash. This type of injury could have a long-term impact on your health and lifestyle. Holding the at-fault party accountable for their negligence is essential if you hope to secure your financial future when facing medical bills, lost income, emotional distress, or physical pain.
What is Whiplash?
Whiplash is a neck injury caused by a sudden and forceful back-and-forth head movement. It usually occurs at the moment of the collision when the direction of the person’s body changes immediately, with the head being slow to follow.
The result is a severe strain on the neck that could damage the muscles and even the top of the spinal cord that connects the brain to the rest of the body’s nervous system and the skull to the rest of the skeletal structure.
A whiplash injury could be minimal and cause minor pain, but it could also affect the person’s mobility in extreme circumstances.
Common Symptoms and Impact
With a typical whiplash injury, the victim will experience neck pain, stiffness, headaches, or dizziness. These symptoms can impact your daily life, especially if your activities require head movement or physical activity. Chronic pain from whiplash injuries can lead to depression or a reduced quality of life.
If you experience a severe case of whiplash, complications from the injury could cause permanent nerve damage or mobility concerns because of the neck’s importance to the body’s structure. Many car accident victims with whiplash injuries are forced to miss work or perform fewer duties than usual.
The Challenges of Diagnosing Whiplash Injuries
Diagnosing a whiplash injury can be tricky. Since it is a soft tissue injury, the damage is not always apparent in imaging tests like MRIs. As a result, the lack of a precise diagnosis could undermine your injury case, with insurance adjusters jumping on the chance to minimize the accident’s impact.
This challenge is why a thorough medical evaluation of your neck is necessary to determine if you have suffered a neck sprain or other whiplash injury.
Whiplash and Personal Injury Claims
Whiplash injury victims can include damages from these outcomes in the claims process. If a car accident caused broken bones, a neck sprain, or another whiplash-associated disorder, then you could pursue compensation to cover your losses from the at-fault driver.
Here are a few ways that whiplash injuries may affect the outcome of your personal injury claim.
Eligibility for Compensation
Whiplash injury claims can lead to a settlement if someone else’s negligence caused your injury. To establish negligence in a whiplash claim, you must prove that the defendant had a duty of care, that they breached that duty, that there is a causal link between their actions and your whiplash injury, and that legal damages resulted from the injury.
If you can prove these elements are more likely true than not, then you can win whiplash injury compensation via a lawsuit. For car accidents, you must prove that the other driver demonstrated negligence and caused the collision.
Types of Damages You Can Claim
A whiplash injury claim can make you eligible for numerous legal damages. The primary economic damages may include medical expenses, future medical bills, physical therapy costs, property damage, and lost wages.
Some non-economic damages that may apply include emotional distress, physical pain and suffering, disability, and loss of enjoyment of life. You could also be eligible for punitive damages in car accidents involving gross negligence or intentional misconduct.
If you lose a loved one due to whiplash injury complications, you may be looking at a case of wrongful death. This type of lawsuit may include additional damages like funeral costs, loss of financial support, and loss of companionship.
The Process of Claiming for Whiplash
Pursuing a whiplash claim is a complex legal process. You must follow the proper steps to build a compelling case and increase your chances of recovering compensation for ongoing medical attention, lost wages, or non-economic damages. Here are some steps to understand when pursuing whiplash claims after a car accident.
Seeking Medical Attention
If you want medical treatment costs covered, you must prove that medical treatment was necessary after the car accident. You should see a doctor as soon as possible after the accident to be evaluated for injuries, especially if you experience neck pain.
Document your treatment and keep all medical records to strengthen your case and provide proof of your legal damages.
Gathering Evidence
Evidence is the most critical aspect of your injury claim. Whether it is an insurance claim or a lawsuit, evidence of the defendant’s negligence and your suffering is required to settle for fair compensation.
Many forms of evidence exist in a car crash case, including medical records, the police accident report, eyewitness statements, accident reconstruction expert testimonies, images of the accident scene, footage of the crash, and photos of the vehicle damage.
The more evidence you gather, the higher your chances are of winning the personal injury case and securing compensation.
Notifying the Insurance Company
Failing to notify the insurance company of the accident can undermine your ability to pursue an insurance claim or personal injury claim.
You must call your own insurance company to let them know about the accident. However, you must also remember to contact the car insurance company for the at-fault party to inform them about your claim. Withholding this information from either insurance company could result in a reduced settlement or your claim being dismissed entirely.
Negotiating a Settlement or Filing a Lawsuit
Many car accident claims are negotiated directly with the insurance companies. You and the insurance adjuster would determine fair compensation based on the circumstances of the car accident.
This negotiation process should involve a car accident lawyer who will represent your interests and fight for more compensation. If a settlement cannot be reached, then a lawsuit may be necessary to ensure you receive what you deserve after a whiplash injury from an automobile accident.
The Role of a Personal Injury Lawyer
A personal injury attorney can make all the difference in the outcome of the claims process. With legal advice from an experienced car accident lawyer, you will stand a better chance of claiming total compensation for damages suffered after a car accident. Here are a few ways our Chicago car accident lawyers can support your case.
Assessing Your Claim
First, your claim status must be assessed. Do you have grounds to file a claim in the first place? How strong is your claim, and what evidence is available? What is the total cost of your legal damages from medical expenses, lost income, property damage, and emotional pain?
Your whiplash injury lawyer will investigate your case, gather evidence, and assess damages to determine your best legal options and how much compensation is possible.
Negotiating with Insurance Companies
Negotiating with insurance companies can be intimidating. They will use shady and bullying tactics to undermine your case and pressure you into accepting a low whiplash settlement offer. Working with a personal injury lawyer will result in a higher average whiplash injury settlement since they will level the playing field during the negotiation stage.
Before accepting whiplash settlements from insurance carriers, consult a lawyer to determine if the offer covers all your legal damages.
Representing You in Court
Most personal injury cases involving car accidents will be settled before court. This outcome is especially true when the evidence indicates who the at-fault party is. However, a trial may be in order if you have a stubborn defendant or the evidence is unclear.
When whiplash injury cases require a court proceeding, attorneys become a necessity for injured victims. Your personal injury attorney will ensure your rights are protected during the proceeding. They will also prepare you for the process and prevent you from making mistakes that could undermine your case.
Tips for a Successful Whiplash Claim
Winning any type of injury claim is challenging. Many minor missteps could destroy your case if you are not careful, which is why hiring a car accident attorney is essential if you want to win. Here are some tips to help you file a successful claim involving whiplash injuries.
Seek Medical Attention Promptly
Whether you have suffered soft-tissue injuries or a shattered spinal cord, seeking medical attention right away can only help your case.
If you avoid going to the doctor’s office, the defendant’s lawyers and insurance carrier will use that to claim your injuries were not very serious. See a doctor as soon as possible to be examined for injuries and record your medical treatment.
Follow Your Doctor’s Treatment Plan
Not following your doctor’s treatment plan is another move that could compromise your average whiplash settlement. This recklessness could be used against you by a savvy lawyer or insurance adjuster to demonstrate that your legal damages are not worth what you are claiming.
Adhering to your treatment plan demonstrates your commitment to recovery and strengthens your injury claim status, reducing the risk of challenges from insurance companies.
Keep Detailed Records
Detailed records will save you a lot of stress when the evidence is being evaluated. Keep all information related to medical appointments, treatment methods, bills, and the impact of the injury on your daily life or work capabilities. You can never have too much data to support your claim.
Consult with an Attorney
Before you consider filing a claim or accepting the insurance company’s offer, consult an experienced attorney who understands whiplash cases. A lawyer specializing in car accidents or whiplash injuries can advise you on the best path to victory in an injury claim.
They will investigate your case, protect your rights, negotiate a fair settlement, and maximize your damages to cover all your losses. If representation in court is necessary, your lawyer will also fulfill that role.
Expert Legal Representation for Your Whiplash Injury Claim
The right law firm can guide you through the claims process and give you the best chance of winning your claim. Rosenfeld Injury Lawyers has vast experience representing victims of automobile accidents who have suffered whiplash. Our team is ready to defend your rights and build a strong case based on compelling evidence. We will also guide you toward the right legal processes to maximize your chance of success.
We work on a contingency fee basis, which means we only get paid from the whiplash compensation if we win your case. You can also get a free consultation with a legal professional from our firm to discuss the specifics of your case.
If you are pursuing a whiplash settlement or want to know more about injury claims, call our Chicago personal injury lawyers today at 888-424-5757 or complete our contact form.