Car accidents can be a traumatic experience, especially when a vehicle hits you from behind. These crashes can cause you to suffer several injuries, including whiplash. Although whiplash is a common injury, it can result in severe physical effects in both the short and long run, leaving you in continuous discomfort. You may suffer even more serious injuries that can change the course of your life.
Accordingly, you may be eligible for significant financial compensation for whiplash injuries, depending on how badly you have suffered an injury. The insurance company is the one thing that stands between you and a full settlement check. A personal injury attorney will work to cut all the red tape that the insurance company tries to impose on you in the whiplash claims process.
Now is the time to both take care of your health and legal situation if you have suffered an injury in a rear-end car accident. Your actions are vital when seeking financial compensation for car accident injuries. If you wait too long to do either, you can jeopardize the potential results in your legal case. A car accident lawyer is waiting to speak with you during a free initial consultation. They can guide you through the legal process, help evaluate your options, and ensure you receive fair compensation for any injuries or damages you have suffered.
Schedule A Free Case Evaluation Today!
How Whiplash Injuries Occur
Whiplash injuries most often happen at slower speeds in rear-end car accidents. When one car strikes another from behind, a significant amount of force gets transferred in the crash. The force is applied to the driver whose vehicle got hit from behind. When this happens, the driver's head and neck will violently snap forward while the rest of their body remains still.
The sudden and unnatural motion of whiplash can strain your neck and spine. It can also cause your brain to move violently inside your head. Thus, the effects of whiplash can be more serious than a temporarily sore neck.
Common Whiplash Injuries
Whiplash injuries can mean far more than just soreness in your neck for some time after the accident. These injuries can be severe and lasting, and whiplash can injure other parts of your body.
Common whiplash injuries may include:
- Traumatic brain injuries (when your brain slams against the base of your skull after your head gets violently jarred)
- Neck and back pain
- Herniated discs
- Spinal stenosis
- Sciatica
- Lumbar strains
- Reduced motion in your neck
No matter what type of whiplash injury you have suffered, you need to get medical treatment for it and follow all of your doctor's recommendations.
Get Immediate Medical Help for Whiplash Injuries
As you can see, whiplash injuries can be more severe than you think, and they may worsen over time if you do not seek medical treatment. Therefore, it is essential to see a doctor as soon as you begin to suspect that something is wrong.
Whiplash injuries are not always apparent at the time of your accident. The adrenaline of the accident may mean that you do not feel anything at the scene, but once it wears off, you may begin to feel the symptoms of your injuries. You must make an immediate medical appointment when you notice something is wrong. If your symptoms are consistent with a brain injury, you should go to the emergency room or urgent care because days matter in the treatment of these injuries. Otherwise, you should see a doctor as soon as possible.
Insurance companies are watching and taking notes about what you do after you have suffered whiplash injuries. They will review your medical records to see exactly when you sought treatment from a doctor. If you wait too long, insurance companies may argue that your inaction caused your injuries to grow worse. In any car accident case, you have an affirmative duty to mitigate your damages, which means that you need to see a doctor as soon as possible after you notice that you have suffered an injury. Insurance companies can plead your failure to mitigate as an affirmative defense if you file a car accident lawsuit.
Be Very Wary of Insurance Companies
Never take anything for granted in any car accident case. If you think what happened to you was clear as day, there is no guarantee that insurance companies will see it that way, and they may go to work to undermine your legal rights. Insurance companies can immediately challenge the nature of your injuries, trying to get you on the record stating that you are not severely injured. Even if you tell them that you feel fine right after the accident, your condition may still degenerate in the days afterward. Nevertheless, insurance companies may view your words as set in stone, and they can challenge you when you submit a claim that describes the true nature of your injuries.
The important thing is never to speak with the other driver's insurance company on your own because there is simply no upside to you in doing this. Insurance companies never give you the benefit of the doubt but will try to use anything you say against you when it helps them financially.
Contact a Car Accident Lawyer Today
Hiring a car accident lawyer is the best way to avoid talking to the insurance company alone. Immediately, you have someone to fight for you and protect your legal rights. You must have a car accident attorney working for you in the early days after the accident, even if it may be some time until you file an insurance claim or lawsuit.
You only need to contact a car accident attorney to schedule a free initial consultation. If you have found the right attorney, you will sign a representation agreement and have a lawyer for your case. At that point, you can hand over the hard work and details to your car accident lawyer, and you do not have to do anything on your own.
Consider Filing a Claim or Lawsuit for Your Injuries
If the other driver was to blame for your whiplash injuries, they will have a legal obligation to fully compensate you for all the damages that you have suffered. All you need to do is prove they were negligent in the accident.
It may take your car accident lawyer some time to be in a position to file your claim. Before you can engage the insurance company in the claims process, you need to know the full extent of your injuries and any potential recovery you may make. This point is known as maximum medical improvement, and you must reach it before you can seek compensation. It can be a while before you realize how and whether you can recover when you have suffered whiplash injuries.
When you are ready to file a claim, your car accident attorney will estimate the damages you may seek. Your whiplash injury damages can include:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of enjoyment of life
- Embarrassment and humiliation
- Depression and anxiety
Liability for Crashes that Cause Whiplash Injuries
Since whiplash injuries occur most often in rear-end car accidents, liability should seemingly not be much of an issue. The driver of the rear car is presumed to be at fault for any injuries when they strike a vehicle in front of them. However, this is merely a presumption of liability and does not always apply in every car accident case. Insurance companies may still try to find a way to blame you for the accident when your vehicle was the one that got hit. They may claim that you cut off another vehicle or stopped short in front of the other driver. Even though powerful legal presumptions are at play, never assume that they will apply to your case with no question whatsoever.
How to Secure Compensation for Your Whiplash Injuries
Your car accident lawyer may advise you to undergo the informal claims process to secure financial compensation for your injuries. Informal does not always mean easy because the insurance company has several tricks that it may use to keep you from getting what you deserve. Your car accident attorney can file an informal claim on your behalf, or they may send the insurance company a more formal demand letter.
In a whiplash case, insurance companies will likely make you a settlement offer, especially when it is readily apparent that their policyholder was to blame for the accident. However, a settlement offer is by no means a cause for any celebration. Insurance companies have almost certainly minimized or undervalued your injuries, and the initial settlement offer is likely only a fraction of what you deserve. Here is where your fight for compensation really begins.
Your car accident attorney will advise you to refuse any settlement offer that does not fully pay you, and you may have to reject low settlement offers more than once during the claims process. Your car accident lawyer may tell you to make a counteroffer and continue negotiating, and they may need to pressure the insurance company to do the right thing. An experienced attorney understands the tactics used by insurance companies and will advocate for your rights.
You May Need to Litigate a Whiplash Injury Claim
If the insurance company does not settle your claim for a fair amount, you may need to file a lawsuit against the responsible driver in court. Filing a lawsuit is the main form of leverage that you have in settlement negotiations because insurance companies hate court cases. Lawsuits raise their business costs because they must pay for their lawyer. Taking the case out of the hands of the insurance company and putting it into the hands of the jury may be what you need to do to get all the money you deserve.
Filing a court case does not automatically mean your case will go to trial. Jury trials are rare in car accident cases because insurance companies know they run serious risks when they refuse to settle a claim. They may even be in hot water with their policyholder, who can file a bad faith claim against them.
In the end, there is a high chance that you will reach a settlement for your car accident whiplash injuries; however, a settlement is not a victory in itself. Your settlement must fully pay you for your damages, or you will have left money on the table. Hiring a car accident lawyer is the step you can take to have the best possible chance at a full settlement for your injuries.
It Costs You Nothing Out of Pocket to Hire a Car Accident Attorney
A car accident lawyer will not break the bank if you need legal help after a motor vehicle crash. In fact, there will be no impact on your finances because you will not need to pay any money out of your own pocket. Car accident lawyers typically work on a contingency fee basis, which means they only get paid if they successfully recover compensation for you. This fee is a percentage of your settlement or court award. A contingency arrangement also means that you do not have to worry about paying upfront legal fees or hourly rates, allowing you to focus on your recovery and getting your life back on track.
Furthermore, a lawyer can provide guidance and support throughout your whiplash case. They will explain your legal rights and options, helping you make informed decisions. They will handle all the paperwork and legal issues, allowing you to focus on your recovery. A skilled attorney will also have a network of medical professionals they can refer you to, ensuring that you receive the necessary treatment for your whiplash injuries.
Hire a Skilled Injury Attorney for Your Rear-End Accident Case
Hiring a personal injury lawyer for a whiplash case is essential to protect your rights, obtain fair compensation, and handle the legal process. Do not underestimate the impact of whiplash injuries or assume that you can handle the case on your own. Consult a knowledgeable attorney who can provide the guidance and support you need to achieve a favorable outcome.
Schedule A Free Case Evaluation Today!
