When you have an accident, you are very likely to suffer a neck injury, commonly known as whiplash.
What Causes Whiplash?
Whiplash is a condition that is frequently associated with rear-end collisions due to the sudden forward and backward motion experienced by the victim. Usually, when a car is struck from behind, the sharp movement causes a head and neck jerk that severely strains the neck muscles.
Depending on the severity of the initial shock, pain may go away on its own in a matter of hours or a few days. However, not everyone is so lucky. In more severe accidents, prolonged medical treatment may be necessary to recover from injuries fully. In this case, you are entitled to compensation for the damage suffered, as long as it is not your fault.
Treatment for Whiplash Injury
The pain is not always immediate. The damage you suffer from a car accident can’t be underestimated since many of the injuries our clients ask us for help and advice correspond to claims for injuries that are not easily verifiable or seen with the naked eye. In other words, they are injuries that require Magnetic Resonance Imaging (MRIs) and medical examinations to demonstrate that the damage is a result of the car accident and to determine the magnitude of the injury correctly.
Whiplash injuries can be muscle or disc injuries to the spine. It is expected that after having a car accident, the body and mind react by generating adrenaline and endorphins, which neutralize or block the pain and allow you to respond and save yourself. Consequently, many people will believe that they don’t have any injuries since, at the moment, they will not feel any type of pain or discomfort.
The problem begins when the level of adrenaline and endorphins drops, therefore, feeling all the aches and pains.
In addition to medical assistance, you should immediately seek legal advice. Be aware that not seeking treatment when in pain leads to questioning the relationship between the pain and the case, making your claim more difficult. We will explain it later in the guide.
Time Limit to File a Claim
In most car accidents, you have two years to file a claim, which we know as the Statute of Limitations. The same two years apply for whiplash injuries, but this doesn’t mean you should wait that long to get treated. Unfortunately, these cases are often dismissed because the victim didn’t seek or receive medical treatment within the timeframe deemed appropriately related to the accident.
While ‘appropriate’ is a time range subject to interpretation, several weeks or months later may be too late to link the damage sustained to the car accident. Also, remember that when we cannot reconcile a case, we have to take it to court and initiate litigation, leaving room for the possibility of something to happen during that time.
The insurer or the at-fault party may say that you were injured later after the crash or that your injury was not caused by the accident because you did not have immediate pain requiring medical treatment. Additionally, the at-fault party may argue that if you were truly in pain, you would have prioritized your pain and sought help, showing that you are indeed suffering from the consequences of the accident.
Since you’ve been involved in a car accident, your credibility is tested.
Whiplash Injury Lawyers
Seek legal and medical advice. On many occasions, we regret to hear that clients don’t seek legal and medical advice promptly, as it’s a vital part of the success of their case.
Suppose you have a neck injury such as whiplash, a herniated disc, or an injury not treated promptly. In that case, it’s difficult for doctors to guarantee a 100% recovery or that you will return to the same capacity as you were before suffering the injury. Likewise, the law can only reward you with money; therefore, it is crucial that a specialist diagnose the damages suffered and that a Personal Injury Attorney can make your claim.
In many cases, insurance companies will not want to pay victims. However, you should remember that you have the right to hold the at-fault party fully responsible for your losses and receive fair compensation.
How Much Can I Win in a Whiplash Case?
Compensation in car accident cases could cover:
- Current and future medical bills.
- Physical therapy.
- Chiropractic care and/or similar care.
- Lost wages.
- A decreased quality of life.
- Pain and suffering.
- Emotional trauma.
- And more
For all instances, you will need to present evidence. This includes basic evidence such as photos of the car, reports from the repair shop, a police report, and everything related to the damage to your property. You can even include more detailed tests that demonstrate the car accident caused specific damage, how it caused it, and what the pain is. The evidence indicates that the severity of the crash coincides with the type and severity of the injury suffered.
For personal injuries, medical records are essential, and all the medical treatment history from the beginning of treatment along with what is planned for the future. Therefore, Personal Injury Attorneys work double-time to document the case and ensure that the client receives the appropriate medical treatment.
The most important thing is to consult with a Personal Injury Attorney as soon as possible. Since each case is different, it isn’t recommended to generalize a person’s experience in a car accident case to your personal experience.
Your Car Accident Lawyer will always be 100% aligned with your needs. When our clients suffer serious injuries, we know that they need to receive medical treatment from professionals with years of specialized experience in this type of injury. So from our side, we guarantee that you will have someone fighting and a doctor working for you. It’s just what you need right now. You just have to recover.
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What to Do Following a Car Accident and Whiplash Injury:
- Check if you or if those in your car are injured, and if necessary, seek medical attention immediately.
- Report the accident to the police. Georgia law requires any driver involved in a car accident to call the police.
- Contact your Car Accident Lawyer.
- Collect evidence: your lawyer will advise you to have all the necessary information to make your claim (information on the guilty driver, photos, details of the events, testimonies, and others).
- Stay calm and limit your conversation about the accident with other people.
- Your lawyer will advise you to file your claim and receive the compensation you deserve because of your accident.
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