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Should I File a Lawsuit For Whiplash in Colorado Springs?

Car Accident Attorneys Colorado Springs, CO | Call 719-520-9909

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 or complete our online contact form.

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Frequently Asked Questions

There are a variety of things we look at when evaluating your case and determining its value.

We look at how the accident occurred: How did someone else’s carelessness lead to the accident? Did your actions also contribute to the crash?

We also look at what sort of injuries you sustained: Do you have a permanent injury that will last the rest of your life? Are you going to have future medical bills?

We look at lost wages: Did you lose your job? If you have permanent work restrictions due to the accident, you may not be able to find a job very easily in the future.

These are only some of the factors that we look at in evaluating a claim. You may have additional losses to account for in a claim, and sometimes additional evidence or expert witnesses will be needed to support an evaluation.

At Heuser & Heuser, LLP, we can identify those factors during a free case evaluation, during which you tell us your story so we can take the first step in building a legal strategy at no financial risk to you.

Every case is unique and different. That’s why our lawyers at Heuser & Heuser, LLP give each case personal attention during case reviews and evaluations for potential claims.

At Heuser & Heuser, LLP, we have a strong track record of positive case resolutions for our clients. We have settled hundreds, if not thousands, of cases where we’ve had large settlements.

We’ve had substantial verdicts. We go to the mat for our clients if necessary. We’ll appeal cases.

Each case and client has different needs and options, and we’ll do whatever it takes to take care of our clients. We can identify the right path for your case during a free case evaluation.

Insurance companies are in business for a reason: to make money.

Anytime the insurance company is paying money on a claim, it means less money to their bottom line. They have literally hundreds of adjusters and hundreds of lawyers who are on their side trying to figure out how to prevent money from leaving their checkbooks.

Quite frankly, you do need a lawyer to help you through this because your lawyer will stand up for your interests and seek proper compensation on your behalf.

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Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909

No Fee Unless You Win

Questions or Schedule A free Appointment? Click to Call (719) 520-9909

Our Attorneys

Personal Injury Lawyers in Colorado Springs, CO | Call 719-520-9909

Gordon J. Heuser, Esq.

Partner | Attorney

As a Colorado Springs native, Gordon has been practicing in Southern Colorado for 40+ years.…

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Personal Injury Lawyers Colorado Springs, CO | Call 719-520-9909

Brennan D. Heuser, Esq.

Partner | Attorney

Brennan Dale Heuser is a Colorado Springs native who enlisted in the U.S. Army in…

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Personal Injury Lawyers in Colorado Springs | Call 719-520-9909

Shannon R. Colt, Esq.

Partner | Attorney

Shannon Colt isn’t your typical attorney. Originally from Idaho, she moved to Colorado Springs as…

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Ask a Question,
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Injured? Contact Heuser & Heuser, LLP. We Are Committed to Providing Southern Colorado Tailored Legal Guidance and Peace of Mind On the Road To Recovery!

Seeking the legal help you need has never been easier. The sooner you contact Heuser & Heuser, LLP, the sooner we can start working for you!
  • Tell us your story during a free consultation
  • We will tell you if you have a case and assess potential value
  • Our personal injury attorneys can handle the insurance companies
  • Our experienced Colorado trial attorneys will seek a settlement for the money you need while you recover, and we will represent you in court if it is necessary to pursue fair and appropriate compensation for your injuries and expenses
  • You only pay us if we win money for you
  • You focus on your physical recovery and your life
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We wanted to find a way to make your car wreck case even easier for you. That is why we wrote this guide that will provide you with the information you need to know about your car accident case.

As car accident law professionals, we have seen too many individuals lose out on their potential maximum compensation. Don’t miss out on the settlement you need!

In this book,  you will learn how to:

  • Avoid the key mistakes that can derail your claim
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