Whiplash From A Car Accident
After a car accident, all sorts of aches and pains arise over the days and weeks following the crash, and one of the most common is whiplash. In this article, we will talk about what whiplash is, how it impacts people, standard treatments, and how a car accident attorney can help you get the compensation you deserve for this injury sustained in a crash that someone else caused.
What is Whiplash?
Whiplash is a type of neck injury that occurs when the head is suddenly jerked forward or backward. This can happen during a car accident, a fall, or any other type of impact. Whiplash can cause pain and stiffness in the neck, shoulders, and upper back. It can also lead to headaches, dizziness, and fatigue.
Even in low-speed crashes, such as a fender-bender in a parking lot, a victim can suffer whiplash, but since the injury does not immediately show itself — paired with the fact that some victims feel self-conscious about claiming an injury from a low-speed crash — it is often overlooked in minor accidents. In a rear-end collision, the driver and passengers in the front vehicle may not see the crash coming. The impact can cause their heads to snap back and forth quickly, leading to whiplash.
In severe cases, whiplash can cause nerve damage and paralysis.
How Is Whiplash Treated?
Whiplash is treated with a combination of rest, ice, and heat. Over-the-counter pain medications can help relieve pain and inflammation. Physical therapy may be recommended to help stretch and strengthen the muscles in the neck and shoulders. In severe cases, surgery may be necessary.
What To Do After a Car Accident — Whiplash or Not
If you have been in a car accident, it is vital to see a doctor right away, even if you don’t think you have been injured. Some symptoms of whiplash may not appear until days or weeks after the accident. See a doctor as soon as possible if you have any of these symptoms. Early diagnosis and treatment can help prevent long-term complications.
When a victim is injured in a car accident and refuses treatment at the scene, fails to follow up with a doctor, or states at the scene of the crash that they are not injured, insurance companies jump on this to suggest the injuries were not caused by the accident. If you are ever in an accident, it is always best to err on the side of caution, seek medical attention immediately, and get follow-up care until the injury is healed.
There are a few benefits to getting medical treatment: firstly, you are working towards a full recovery, and secondly, you are generating documentation and an official timeline of your injuries, their duration and severity, and more.
If you have been in a car accident and think you may have whiplash, contact an experienced attorney. An attorney can help you get the treatment you need and the compensation you deserve.
How is Whiplash Compensated in Car Accident Claims or Personal Injury Lawsuits?
There are a few different ways that whiplash can be compensated in car accident claims or personal injury lawsuits.
Your Own Insurer
The first is through your own insurance company if you have personal injury protection (PIP) or medical payments (MedPay) coverage. These types of coverage will pay for your medical bills regardless of who was at fault for the accident, but you may quickly run into the upper policy limit. It can also be very frustrating to realize that your insurer is just as focused on saving money as the at-fault driver’s insurance company.
The At-Fault Driver’s Insurance
The second way to be compensated for your whiplash injuries is through the at-fault driver’s liability insurance. If the other driver was at fault for the accident, their insurance company should pay for your medical bills and any other damages you have incurred, such as lost wages and pain and suffering. Many people choose not to work with an attorney if they are filing a claim with the other driver’s insurer, but the reality is that the way to improve your chances of getting the money you deserve is by working with a car accident lawyer who can help you quantify your damages and lead negotiations for a fair settlement.
Personal Injury Lawsuit
If the at-fault driver does not have insurance or if their insurance is not enough to cover all of your damages, you may be able to file a personal injury lawsuit against them. In a personal injury lawsuit, you can recover compensation for your medical bills, lost wages, pain and suffering, and other damages. Unfortunately, this route is only effective if the at-fault driver has the ability to pay. Otherwise, the courts may garnish wages or put a lien on any property they own, but these remedies are not always effective.
The Importance of Working With an Attorney After a Whiplash Injury
If you have been injured in a car accident, it is important to speak with an experienced car accident attorney to discuss your options for compensation. An attorney can help you understand the process and ensure that you take the appropriate steps to protect your rights.
From day one, the insurance company will likely be working against you. They have teams of adjusters, investigators, and lawyers whose sole purpose is to minimize the amount of money they have to pay you. Sneaky tactics like manipulating or misrepresenting your statements, leveraging the complexity of the personal injury, and using pure comparative fault against you are all approaches that insurance companies use to try and low-ball you on your settlement.
Contact Casares Law For a Free Consultation
The best way to avoid getting taken advantage of by the insurance company is to level the playing field by having a car accident lawyer on your side. Not only will an attorney be able to help you maximize your settlement, but they can also take some of the burdens off of you during this difficult time. If you have been injured in a car accident, contact Casares Law to speak with an experienced car accident attorney today.
We work on a contingency fee basis, meaning you don’t owe us anything unless we win your case. We offer free consultations, so you have nothing to lose by giving us a call.
Dale G. Casares
Colorado, Idaho, and Montana
Personal Injury Attorney
We won’t charge a fee until
your claim is settled.