How to claim for whiplash after a car accident?
Whiplash is a common and usually severe injury occurring after car accidents, especially rear-end ones. It happens when the head is suddenly pulled forward and then backward, stretching and tearing the muscles and ligaments in the neck.
Understanding what whiplash is, its symptoms and its potential long-term effects is vital before anyone associated with a car accident asks for medical attention or starts legal action. Also, how to claim for whiplash after a car accident is also one of the most asked questions.
There is a need for medical attention within no time after a car crash, even though you may not have immediate pain. Whiplash is diagnosed by a healthcare professional based on your symptoms and medical history, sometimes including imaging tests such as X-rays, CT scans, or MRIs.
Recognizing the Signs of Whiplash
A Houston auto accident lawyer says that whiplash is an injury commonly seen but sometimes misunderstood, even though it occurs following a car accident. It happens when the neck and head are swiftly jerked backward and then forward, most commonly in rear-end collisions.
It is necessary to know the symptoms and realize how important a correct medical investigation is when you decide if you are applying for compensation accordingly.
- Neck Pain and Stiffness: This is the most prevalent symptom. The pain may be instantaneous or days or even hours after the accident.
- Headaches: This often begins at the back of the head and moves up to the forehead.
- Dizziness and Blurred Vision: Some individuals develop dizziness or see things blurred after the occurrence.
- Shoulder and Back Pain: The pain may also involve the shoulders and back.
Gathering Necessary Documentation
When making a claim for compensation after an accident involving light injuries, such as whiplash, it is important to have the correct documents. This evidence is the building block of your claim as is. This is a guide to what documentation you need and why it is important.
Now, the document may include reports from the first visit to a doctor, notes of your trip to the emergency room, diagnosis records, treatment plan documentation, and follow-up appointment notes. They generate a time frame and a professional description of your injuries and treatment.
Medical documentation should reflect the reason for the treatment that was given to you regarding your whiplash injury. This aids in proving that the interventions were required as a direct consequence of the accident.
Arrange your documents sequentially to assist in making a very clear timeline of the events, treatment process, and recovery journey.
Make photocopies of all documents and perhaps write summaries of important points, particularly long medical records. In summary, the critical element in a successful whiplash injury claim after a car accident is acquiring complete documentation.
Navigating the Insurance Claim Process
After a car accident, it can be challenging to navigate the insurance claims process, especially when there are injuries such as whiplash.
- Immediately after the accident, contact your insurance provider to report the incident. Late reporting may make the claims process complicated.
- When you file the claim, you need to provide as much information as possible about the accident and your injuries. The date and time of the accident, where it occurred, how it happened, and the other party’s contact and insurance details.
- Make sure to give all the necessary documentation to your insurer, encompassing a police report, treatment records, medical reports, and photographs of the accident, followed by other costs acknowledged in connection with having a whiplash injury.
- Get to know the terms of your insurance policy, especially those concerning personal injury and medical payments. This will enable you to know the limits of coverage and what type of compensation you get.
Answering to the At-Fault Party’s Insurer
The insurance company of the party at fault may contact you to make a statement or try to negotiate a settlement. You should be very careful in these communications, as what you say can affect your case.
Be cautious when offering quick settlements. These initial offers might not meet all your expenses and future medical needs because of this injury. And, if you feel that the compensation is not good enough, then you have a chance to bargain for more money. It is here that detailed accounts of all your expenses, the remuneration you have lost, and the impact of your injuries come into play.
Make detailed notes of all communications with the insurance companies, including dates, names of persons met, and details of what was said.
Calculating Compensation for Whiplash
Calculating damages for a car accident resulting from whiplash injury entails other factors in the form of both economic and non-economic compensations. This is a rather complicated calculation as it also involves accounting not only for immediate costs but also of long-term financial implications and human suffering.
- Wages forgone due to time lost off work recuperating and medical visits are part of compensation. This lost potential income could also be included in the claim if whiplash injury affects your future earning capacity or ability to work.
- The seriousness of the whiplash and the time he might be needed to recuperate can greatly determine his settlement. The compensation will likely be higher in cases that are chronic or severe, leading to long-term pain or disability.
- A pain that interferes with your daily activities or hobbies, for instance, could also count in the compensation.
- Pain and suffering as physical pain or emotional agony because of the injury can also occur. It could be complicated to calculate pain and suffering because one is dealing with subjective experiences that are hard to qualify.
- If the injury stops you from doing things that used to be enjoyable for you or made your life less enjoyable, compensation may apply.
- Whiplash injuries can cause psychological illnesses such as depression, anxiety, or PTSD, sometimes if the accident was traumatic. It is often seen as compensation for these emotional impacts.
- These damages are usually calculated according to the intensity of injury and its effect on your life.
Attorneys at Mokaram Law Firm say that there can be a lot of challenges that can come in the way of whiplash claims.
- Insurance adjusters frequently begin with a low offer of settlement, especially in cases involving whiplash where it’s not evident or easy to figure out who was badly hurt.
- Adjusters may be checking back through your medical history for pre-existing conditions they can blame your symptoms on instead of the accident.
- Adjusters may ask you how severe your whiplash injury is, especially if symptoms began later than they should or there is no objective medical proof like X-rays or MRI shots.
Dealing effectively with an insurance adjuster often requires strong negotiation skills and knowledge of insurance law. Legal representation can be helpful here.
Contact Mokaram Law Firm Today!
With cases regarding some serious injuries or injuries that show up later, like whiplash, the case can get really difficult to deal with. But the best attorneys at Mokaram Law Firm can help you deal with the complexities in the most useful ways. Dial (281) 609-9224 today to book your consultations in order to sort your cases in the best way possible.