teenager with whiplash injury and neck brace

Whiplash: Is It Worth Filing an Injury Lawsuit?

If you’ve been involved in a car accident and are suffering from neck pains, you may have whiplash. Whiplash can often occur after fender benders or other rear-end collisions when your body is rapidly propelled forwards and your head follows just a millisecond or so behind. As a result, your neck and shoulders are suddenly jolted, leaving you with whiplash.

The symptoms of whiplash may not immediately occur, so you should not refuse medical attention if it’s offered. Because it’s difficult to prove soft tissue injuries like whiplash and the symptoms might not seem severe at first, you may wonder if it’s worth it to file a personal injury lawsuit after a car accident.

A personal injury lawyer can help you decide on the best course of action and help you obtain compensation for your injury. We’ve outlined several factors that go into obtaining compensation for a personal injury like whiplash.

Proving Whiplash Can Be Difficult

In whiplash cases, it’s difficult to provide direct proof of an injury. As a result, it’s easy to suggest that the symptoms or extent of the injury are being exaggerated. Unlike a broken bone, soft tissue injuries like whiplash usually do not show up on diagnostic tests. This is not to say that whiplash isn’t extremely painful and debilitating; it’s just difficult to prove.

After an accident, it’s important to gather any related medical documents. An emergency room visit or regular, timely follow-up treatments can be used as evidence to help your case. This will strengthen your argument against courtroom or insurance claims that your injury is exaggerated or non-existent.

Insurance companies and defense attorneys may use a variety of arguments against you in order to challenge your claim of injury. This is why immediate medical treatment is essential. Visiting a chiropractor weeks after your car accident only strengthens the argument for claim denial.

The Insurance Company’s Point of View

If whiplash occurred in a car accident, either the injured person’s (plaintiff) or responsible person’s (defendant) insurance company may pay for the injury. Proper medical documentation will help establish your claim with an insurance company, making the above points especially critical.

Based on the type of injury, most insurance companies have pre-established compensation they’re willing to pay in order to settle a case. When plaintiffs demand more than that established amount, the company can refuse to settle.

Going to court in demand of higher compensation from an insurance company can complicate things. For example, if the plaintiff wins the personal injury lawsuit but is granted less than the insurance company’s original settlement, they may be charged with paying the insurance company’s litigation costs.

Hire a Personal Injury Lawyer

As you can see, receiving compensation for whiplash can get complicated very quickly. Hiring a personal injury lawyer after a car accident will help you receive the compensation you deserve for your whiplash.

The attorneys at Heuser & Heuser, LLP understand the nuances of establishing a winning personal injury case. We will help you gather the necessary documentation and evidence to strengthen your claim. If the defendant or insurance company refuses to settle or pay out a claim, we can help you with the next steps as well. Give us a call today.

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