How to Prove Your Whiplash Claim

Whiplash injury claim
Female Motorist With Whiplash Injury In Auto Accident Getting Out Of Vehicle

Whiplash injuries are generally suffered by those involved in car accidents, and they can be very painful. It is extremely important to seek medical attention immediately after an accident, especially if you believe you have whiplash. This holds true even if you think that the injuries sustained are minor. In this guide, we will answer the question, “how can I prove my whiplash claim?” We will share information on how you can go about dealing with such a situation.

What Is a Whiplash?

Road traffic accidents are known to the most common types of accidents in many countries, and whiplash injury is commonly suffered by the victims. You will be able to experience the impact of whiplash immediately after an accident.

A whiplash injury is an upper back or neck injury caused when the head rapidly and suddenly moves forward, backward, or sideways. A simple whiplash injury causes muscle pain, but in severe cases, it can damage the vertebrae of the upper back or the neck along with other injuries. The effects of whiplash can last for weeks or months, depending on its severity. In extreme cases, the effects may be permanent.

What Causes a Whiplash?

There are different types of accidents that can easily cause a whiplash, which could lead to whiplash claims. You can tell when someone is faking a whiplash by determining the nature and severity of the accident. Some of the most common causes of whiplash are:

  • Road Accidents – The most common reason for whiplash claims.
  • Falls, Slips, or Trips – The neck can be wrenched when a person hits the floor after a fall.
  • Blunt Trauma – The neck or upper back could suffer blunt trauma if hit by a heavy object.
  • Sporting Injuries – A sharp blow to the head could cause injury to the neck

Whiplash Injury Symptoms that Can Prove Your Claim

If you have suffered any of the following symptoms, you may have suffered a whiplash injury and can seek compensation. Your attorney will provide guidance on how to move forward with the next steps.

Minor Symptoms

  • General fatigue
  • Lack of concentration and irritableness
  • Feeling of dizziness
  • Pins and needles in legs, arms, or hands
  • Partial memory loss
  • Numbness

Major Symptoms

  • Neck, shoulders, or arm spasms
  • Pain in the upper torso (shoulders and arms)
  • Pain and tenderness in the neck
  • Severe, sharp headache
  • Difficulty in head movement due to a stiff neck

Is It Necessary to Seek Medical Attention?

In order to receive compensation for a whiplash injury, you will have to prove that you have suffered one. One of the best ways to prove that you have whiplash is to have a medical assessment performed. The results of the medical assessment can help prove your claim. An MRI scan will be able to pick up the symptoms of whiplash. However, you will have to ensure that you go through the newest technology of MRIs called Fonar MRI. These scans have been successful in the past in identifying whiplash symptoms. A positive scan for a whiplash injury can be in your favor to receive claim compensation.

Ideally, whiplash is treated by taking painkillers and resting for long periods. Sometimes, the doctor does not recommend a scan or additional tests to narrow down the symptoms of a whiplash; nonetheless, it is always the best idea to have medical proof of the injuries to help your case. The insurance company will want to see your medical records, and they will do their best to deny the claim, especially if you have insufficient proof and if you don’t follow your doctor’s orders. It is best to let your lawyer handle the case on your behalf under these circumstances.

Causation of a Whiplash Injury

You must prove that the other party was responsible for your whiplash accident. You need to be certain about what you have to say to your doctor and to the police by explaining how the whiplash was caused due to the negligence of a third party. Your attorney can assist you in the matter and give expert advice by representing you. Here are some of the ways you can prove causation:

  • Take photographs or record videos of the accident to gather evidence to be presented in court.
  • If the accident was caused by a slip or fall on a wet floor, record a video or take pictures of the floor to prove that it was due to the negligence of the owner.
  • If you suffered whiplash at work, be sure to record videos for evidence if another party was involved or if it was due to heavy machinery or dangerous working conditions.
  • In case the accident occurred in a public space, such as a restaurant, be sure to inform the owner or the manager and take pictures of where it had occurred.
  • Get yourself an impartial and unbiased medical expert to support your claim and cause of the whiplash injury.

Damages of Whiplash Injury Claim

There are two main categories of whiplash injury damages:

Special Damages

  • The cost of home nursing and medical expenses
  • Financial losses
  • Travel expense
  • Loss of future earnings
  • Loss of historical earnings

General Damages

  • Mental trauma
  • Compensation for permanent disabilities
  • Compensation for a long-term painful recovery
  • Suffering
  • Psychological damage

What Is the Average Settlement for Whiplash Claim?

On average, minor whiplash injuries usually settle between $9,000 and $100,000; whereas, extreme cases of whiplash with severe consequences typically result in higher settlement amounts that may range between $1 million to $4 million.

Final Word

Accidents occur daily, and the potential of whiplash injuries is fairly high. If you have suffered whiplash, it is time for you to hire a professional, experienced lawyer who can help you throughout the long and complex process of receiving compensation for your injuries. An expert lawyer can save you from the trouble of dealing with insurance agencies and the police, and they can help you receive the best possible settlement for the accident.

Written by SpiritOne

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