Should I File a Lawsuit For Whiplash in Colorado Springs?
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.
No Fee Unless You Win
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
Frequently Asked Questions
How Do I Know What My Case Is Worth?
There are a variety of things we look at when evaluating your case and determining its value. We look at how the accident occurred. We 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 as a result of the accident, you may not be able to find a job very easily in the future. These are some of the factors that we look at in evaluating a claim. Every case is unique and different. That’s why at our law firm, every case gets personal attention from the lawyer when it comes time to evaluate.
Why is it Important to Hire a Lawyer?
Insurance companies are in business for a reason: to make money. Anytime they are 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 make sure you’re properly compensated.
Do Cases Settle Without Going to Court?
Cases settle before going to trial 80 to 90 percent of the time. However, that doesn’t mean there’s not a lot of work involved in getting a case settled outside of court. Sometimes you have to file a lawsuit and do a lot of what I call “legal maneuvering” to get a case settled. That means we take depositions from witnesses to the accident, from police officers, and from your doctors. But, yes, most cases will settle prior to trial.
Do You Get Good Results for Your Clients?
We do get good results 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. We’ll do whatever it takes to make sure our client is taken care of.
See What Our Clients Say
No Fee Unless You Win
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
Gordon J. Heuser, Esq.
As a Colorado Springs native, Gordon has been practicing in Southern Colorado for 35+ years.…
Barkley D. Heuser, Esq.
Barkley Heuser is a Colorado native, and has lived in Colorado Springs for over 59…
Brennan D. Heuser, Esq.
Brennan Heuser is a Colorado Native who graduated from the University of Miami, Fl with…
Ask a Question,
Describe Your Situation,
Request a Free Consultation
Contact Us And We’ll Tell You Everything You Need To Know!
Required Fields*
Your Information Is Safe With Us
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
Injured? Contact Heuser & Heuser. We’re on top of it!
Professional Associations
Our Recent Blogs
What Are the Workers’ Compensation Benefits in Colorado?
Work injuries can disrupt every aspect of your life—your health, income, and ability to provide…
Who Is Liable for a Slip and Fall on Ice and Snow in Colorado?
Winter in Colorado can be unpredictable. One day, the sun is melting away the last…
What to Do if Your Uber Crashes in Colorado?
Rideshare services like Uber have made getting around Colorado easier than ever. With just a…
Want To Learn More About Your Colorado Car Accident Case? Download Our EBook, On Us!
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 critical 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 maximum owed compensation. Don’t miss out on the settlement you deserve! In this book, you will learn how to:
- Avoid the key mistakes that can derail your claim.
- Know what you should and shouldn’t say if an insurance adjuster contacts you
- Understand the dos and don’ts of social media.
- Position yourself to collect full and fair compensation for your injuries.
No Fee Unless You Win
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 Locations
Heuser & Heuser, LLP
Colorado Springs Office
Our Newsletter
Subscribe to our newsletter, and you’ll get the latest news, delivered right into your inbox every week.