How Do I Prove A Whiplash Injury Case From A Car Accident?

Ferguson & Ferguson

Attorneys at Law

October 18th, 2020

How Do I Prove A Whiplash Injury Case From A Car Accident?

Have you recently been in a collision? These car accidents most commonly result in whiplash injuries, affecting the skeletal structure and soft tissue of one’s neck. Despite the lack of visible symptoms, victims suffering from whiplash experience insufferable neck and back pain.
In order for a victim to gain personal injury compensation, this person is required to file a claim, backed up with sufficient evidence. Nevertheless, in order for the claim to be valid, one should hire the assistance of a personal injury lawyer for guidance through civil litigation.
The following tips will help you prove your case.

See a doctor

After a collision, the symptoms of a sustained whiplash injury might not develop immediately but over a period of a few days. Since the symptoms of this neck injury aren’t visible, it’s quite challenging for individuals to seek compensation. The most common symptoms one might experience after being involved in such a scenario is overwhelming neck pain and stiffness, which worsens with every movement. Some people even experience a complete loss of range of motion, thus being incapable of moving their neck on either side.
Moreover, individuals suffering from whiplash may be subjected to back pain, shoulder tenderness, and a tingling sensation in their arms. One is also likely to experience dizziness, tinnitus, and blurred vision immediately after the accident. In terms of mental health, victims might struggle with insomnia, depression, lack of concentration, fatigue, forgetfulness, etc. Read more about the causes, symptoms, diagnosis, and prevention of whiplash.
Therefore, you’re advised to see your GP or go to the emergency room only moments after the collision to get a professional medical diagnosis. Keep in mind that, firstly, insurance companies check the hour or date you sought medical care. The sooner you’ve received medical treatment, the higher the chances of getting compensation.

Additionally, your physician is expected to document the symptoms, which will later serve as medical evidence. To make your claim even more credible, make sure it’s backed up by expert medical testimony. If your physician is willing to give a deposition, he/she can provide a detailed explanation of your symptoms and diagnosis in court.

Gather the necessary documentation

Documentation is of crucial importance in civil litigation, which is why victims are expected to keep every document related to the accident. Whiplash injury is best proved with the help of emergency room records, as well as medical care records. The former document one’s symptoms, whereas the latter serve to prove one’s recovery, mainly provided by physicians and chiropractors.
In addition, the prescription history, referring to the pain-relieving medications one is prescribed after the accident, is beneficial in such cases. Prior to filing whiplash claims, victims are supposed to collect all the necessary evidence in the form of photographs, notes, medical records, and police reports. For instance, police reports are considered vital in proving the traffic conditions were in favor of sustaining a whiplash injury.

Contact a personal injury lawyer

Victims are expected to file an insurance claim promptly enough in order not to miss the deadline set by the insurance company. It’s paramount not to admit any fault, as otherwise, the compensation will be substantially reduced.
Many victims decide to file a whiplash claim on their own without considering the amount of time and effort one is supposed to invest in gathering the required evidence. Instead of going through the civil litigation process by yourself, make sure you contact a personal injury lawyer.
Furthermore, these attorneys are believed to be experts in collecting evidence, interviewing witnesses, and guiding you through the entire civil lawsuit process. They know how to handle the settlement offers by insurance companies, ensuring you receive the necessary compensation.
Personal injury lawyers are known for their impeccable negotiating skills, thus taking the role of negotiators with insurance companies. These legal representatives are armed with the required experience, expertise, and confidence to negotiate a good deal. The following link, https://www.topresume.com/career-advice/7-powerful-tips-navigating-through-tough-negotiators, includes some practical tips about improving your negotiation skills.

Final word

Don’t wait too long to file an insurance claim.
The sooner you contact an attorney, the better the chances of getting a high compensation!