How to Claim for Whiplash After a Car Accident?

In the world of car accidents, one term that comes up often is “whiplash.” Many people know what it means; however, not all understand its meaning or the connotations that accompany it.

Whiplash is a neck injury that occurs when the head is snatched back, followed by forward motion, resembling the action of a whip. While it is usually related to tail-end car accidents, it can also be caused by sports injuries, physical abuse, or amusement park rides.

People have so many questions regarding whiplash in their heads. One of them is how to claim for whiplash after a car accident. This is a complete process that needs to be understood in the best way possible.

Common Symptoms of Whiplash 

The best Houston auto accident lawyer says that whiplash symptoms do not appear immediately after an accident; sometimes, they may take several hours or days before appearing. Common symptoms include:

• Whiplash is characterized by persistent neck pain and stiffness. This pain usually increases with motion.
• Tension headaches or migraines may begin at the base of the skull and spread out as a result of whiplash.
• Moving the neck and head is difficult, accompanied by a lack of flexibility.
• On the other hand, neck whiplash injuries may be a lot more extensive and create pain in the upper back and shoulders.

Immediate Actions to be Taken after an Auto Accident

Trauma and disorientation are the characteristic features of vehicle accidents. In the event of a road accident, you should do things in a specific way so as to avoid injuries and safeguard your rights. The two crucial steps you should take without delay by ensuring your safety and submitting the accident report.

Ensuring Safety

The safety of everyone involved should be the main point of concern: you and your passengers, as well as the other drivers or pedestrians. Here’s what you should do to ensure safety:

If possible and safe, please take your car off the road to prevent any accidents or other dangers. Activate your hazard lights in order to indicate to the other drivers.

Injuries will be evaluated for you as well as for your passengers. If you have severe damage, then dial the emergency number for medical assistance directly. Do not make the suffering person move if they cannot, as this may worsen the injuries.

Reporting the Accident

It is very essential to report an accident to the relevant authority as this ensures that an official record of the incident is created.

In almost all cases, you should contact the local police or highway patrol to document the crash if it resulted in any injuries, serious damages, or a disagreement over who was at fault. Get ready to state your current location, the details of the accident, and also how many vehicles were involved.

If possible, photograph the accident scene, the vehicle damage, license plates, and any visible injuries. Such photos may be used for many insurance claims and court cases. In the case of the eyewitnesses in the scene, record their names and phone numbers. Their statements could be very significant in determining who was to blame or liable. 

The Role of Liability in Whiplash Claims

An inherent aspect of any personal injury claim, including whiplash claims, is determining liability, or who is at fault. Here’s what you need to know:

For a successful whiplash claim, you must show that another party’s negligence and carelessness lead to the accident causing your many injuries. This may involve proving that the other driver violated the traffic rules or showed negligence in his behavior.

In order to prove liability and support your whiplash claim, evidence collection is an very essential step. Here’s why it matters.

• The photos of the accident site, vehicle damage, skid marks, road conditions and traffic signs can provide good visual evidence. Make sure that the photographs are clear and detailed.
• Witness statements can play an important role in strengthening your argument. Collect the contact information of any witnesses who could have seen the accident or has some relevant details.
• Your medical records that include the diagnosis, treatment, and prognosis of whiplash are important pieces of evidence. They show the causal relationship between the accident and your injuries.

Initiating the Claims Process

When you are sure of your safety, have received medical attention and secured evidence that is needed, the next step is to start the process of whiplash claims.

Filing a Whiplash Claim

Filing a whiplash claim typically involves the following steps:

• Inform your car insurance firm about the accident and ensure that you are filing a claim. Moreover, the majority of insurance policies provide a fixed period for reporting accidents so the timely reports are critical.
• Most likely, your insurance company will request the documents about the accident, including police report, medical records, photographs and any other proof that you have gathered.
• The insurance provider might ask you to complete particular claim forms. Make sure to fill them out correctly and in a timely manner so that your claim does not get delayed.
• Your claim will be investigated by insurance adjusters. Be truthful and willing to answer their questions, but do not give statements that can be used against you.
• Keep a copy of all your agreements with the insurance company, including dates, times, and names of persons you speak to. This document can be very helpful if any conflicts occur.

Types of Compensation

The compensation or the amount that you are to receive after a claim can be of various categories. 

• The compensation can be for the medical bills, which include the hospital stays, the diagnostic tests, and also the medications that are given in the treatment of the whiplash. 
• It can also be for the lost income that is the amount of money you lose when you miss the days of work and you are unable to perform on your own in the best way possible. 
• There can be some non-economic damages that can be felt and not seen. These usually include pain, suffering, and the agony that comes with accidents. 
• All of them are accompanied by property damages which the injured party is to be paid for.

It should be noted that, based on variables such as the seriousness of your injuries, the extent of liability you are responsible for, and also the terms of your insurance coverage, there can be differences in availability and quantity of compensation.

The insurance company will probably ask for documentation on the accident, such as a police report.

Negotiation for the Settlement

When you pursue a whiplash claim, the negotiation phase plays a very important role. Now, when it comes to the settlement negotiations, it is very well understood that these are done between the insurance company and the legal representative for your case. 

To navigate through the steps, it is very important to have a closer look at the accident and the factors that affect it. 

• It is best to let the attorney decide what the value of your claim is and what you need to ask. 
• When an initial settlement is being offered, it is best to discuss it with our attorney first, as saying yes to the very first offer can go wrong for you. 
• To get fair compensation, just try your best to emphasize more on the damages and the sacrifices you made after the accident. Just rely on the attorneys and let them take the steering wheel.

Contact Mokaram Law Firm Now! 

At Mokaram Law Firm, the best attorneys can help you get your whiplash claims resolved. By using the best techniques and understanding your case in the best way possible, they will lead you to getting the deserved compensation. So, dial (281) 609-9224 now and get your consultation booked.