Whiplash Injury – How to Sue and Get a Fair Settlement

One of the most common injuries in a car accident is whiplash. These injuries can occur in an accident where a vehicle accelerates or decelerates suddenly. Most whiplash injuries occur in rear-end collisions but can also occur in side-impact and head-on collisions. The neck bends forward or backward when a vehicle stops or accelerates suddenly. This leads to whiplash injuries that mainly affect the muscles, nerves, discs, and tendons on the neck. Mild pain in the neck is the first sign of a whiplash injury. Most people ignore the signs of whiplash until the injuries become worse. Most accident victims take hours or even days before reporting the injuries resulting from an accident. 

Signs and Symptoms of a Whiplash Injury

How can an accident victim tell that he or she has sustained a whiplash injury? When an accident occurs, victims are often in shock and might not notice the signs of whiplash until after several hours or days. The typical signs of a whiplash are:

• Difficulty while moving the neck

• Pain in the lower or upper back and the neck 

• Jaw pain

• Headaches 

• Constant fatigue

• Blurred vision and dizziness 

• Inability to sleep, focus or concentrate 

The signs of whiplash may take several days to manifest, but when they do, they may take up to a year to recover. Wagners Lawyers provide a detailed guide on how to seek compensation for whiplash injuries:

Proving the Injury 

An accident victim will need the help of an experienced car accident lawyer to prove that he or she has suffered a whiplash injury. The process of proving a whiplash injury involves gathering the relevant police and medical reports to understand the extent of the injury and the victim’s future medical needs. The victim needs to visit a doctor to get a diagnosis of the injury immediately after an accident.  

When determining fault in an accident where the victim has suffered whiplash injuries, the court may consider:

• Whether airbags deployed

• If the victim was wearing seatbelts 

• The speed and direction of vehicles involved in the collision 

• Whether emergency personnel used neck restraints 

Seeking Compensation for a Whiplash

Accident victims can seek compensation for whiplash injuries by filing a lawsuit against the liable driver. Whiplash is a medical condition that requires the victim to seek treatment. The compensation is available for both insured and uninsured persons. The following limits apply:

• A limit of up to $3,500 for minor injuries 

• Compensation of up to $65,000 for non-catastrophic injuries 

• For catastrophic injuries, a victim may receive accident benefits and attendant care amounting to up to $1,000,000

Determining if the Compensation from the Insurer is Adequate 

In some instances, accident victims only realize the full extent of their injuries after the accident. Most people realize much later that the benefits awarded by the insurance company are not enough to cover all the damages suffered in an accident. A victim should consult a lawyer to determine whether he or she has received enough benefits in an accident. It’s common for insurance adjusters to minimize payouts by failing to assess injuries properly. If the benefits are inadequate, a victim can file a dispute with the help of a lawyer. There is no specific formula for determining whether the awarded benefits are adequate. However, a lawyer can understand the reasonable range of compensation based on the facts of a case. 

Wagners Lawyers will guide and ensure that you receive fair and full compensation if you or a loved one suffers whiplash injuries in a car accident.