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08/10/2022

Before you can file an injury claim, you should know what types of things to include. Here, we share 5 important tips for filing a whiplash claim.

As the name implies, whiplash is a neck injury that mimics the back and forth action of a whip. Overextension occurs when the head is thrust backward or toward the side, followed by strong motion in the reverse direction. It is a chronic soft tissue injury most often caused by rear-end collisions.

Whiplash can create a variety of health problems that might continue for months or years, making it difficult to work and make a livelihood while still enjoying the things you enjoy doing in life. Medical care and physical therapy can be costly, adding to your workload.

You Can Get Compensated For Whiplash Injuries In Houston

Whiplash, being one of the most prevalent injuries in car accidents, should not be dismissed as unimportant. Claiming for the level of pain and other associated losses with the appropriate attorney may show that you are entitled to significant compensation. Knowing how to file a whiplash claim can save you a lot of time when you or any of your loved ones are involved in a vehicle accident.

When the carelessness of another driver causes whiplash, you may be able to seek compensation through a whiplash claim for physical pain and more filed with the insurance company or via a personal injury lawsuit. You may arrive at this page after leaving the scene of the accident. However, there are still actions you may do to guarantee you obtain the most compensation for your losses.

Getting support from a car wreck attorney in Houston from Calhoun Meredith for your accident claim can help ensure you receive fair compensation for your damages. Texas is not a no-fault state, and you can team up with accident attorneys to seek compensation for accident damages, including whiplash treatment, repair shop costs, common injury treatment, medical expenses associated with severe injury cases, and more. But before you file your insurance claim, it is important to understand the claims process and how the claims adjusters work. Otherwise, the insurance company may try to underpay your claim.

5 Important Tips For Filing a Successful Whiplash Claim

Here, we have shared some essential tips that'll come in handy while filing your whiplash claim against the at-fault driver's insurance company.

Tip 1: Seek Immediate Medical Attention

One of the most important parts of filing a whiplash claim is to seek medical attention right away after the accident. In order to have a successful claim, you need to provide proof of your monetary losses, most of which will likely come from medical bills.

After a car accident, injuries/obvious symptoms may include muscle spasms, injury to the cervical muscles, damage to the intervertebral joints, surface-level physical damages, deep tissue accident injuries, shoulder pain, chronic pain, blurred vision, and more - these are usually covered by auto accident bodily injury coverage, and you might be able to get a settlement even in a minor accident case if it caused enough damage. Medical urgency is determined based on the type of injury, i.e., the more severe your injuries are, the sooner you should get them checked out.

It is to your best advantage to comply with emergency personnel if they arrive on the scene. Your body will be racing with adrenaline in the seconds following an accident, which can divert you from even severe pain. Allow doctors to treat and evaluate you for signs of whiplash and other common symptoms, whether or not you believe you have been hurt.

Keep in mind that just because the collision appears modest (i.e., in rear-end car accidents) does not indicate that your injuries are. Whiplash is an injury that may not always show itself immediately. A qualified medical practitioner can accurately diagnose whiplash injury and even help you with your pain level, i.e., extreme pain in the neck, jaw pain, and more; you can also reach out for chiropractic care.

When you get out of the car, go to the emergency department and schedule an appointment with your primary care physician very soon. Visiting the emergency department guarantees you are seen as quickly as possible, while your physician will perform a complete evaluation of your injuries. This will help you later during the accident settlement negotiations with the auto insurance adjuster, and you can get further information from the insurance resource center as well. Injured parties can seek compensation for the drop in quality of life and other losses from the responsible party with the help of a car wreck attorney in Houston.

What to Prepare for While Looking for Medical Attention

Here's what you must prepare for in the context of your medical treatment plan in personal injury claims (even for a minor car accident):

  • Have all of your injuries recorded as quickly as possible by a medical practitioner.
  • Let your doctor know of all the symptoms you are having, no matter how slight. 
  • Follow what your doctor says; failure to do so may jeopardize your claim's credibility or compensation amount.
  • Get a comprehensive physical assessment as soon as possible after the accident.
  • Don't attempt to be strong or tough and claim you're alright.
  • Don't declare you're OK, even if you feel like you are right after the crash.
  • Don't move your vehicle or try to touch the wreck.

Tip 2: Speak with a Car Wreck Attorney in Houston

Car accident victims are advised to speak with a skilled car accident lawyer. When it comes to learning how to submit a whiplash claim or any other car accident injuries, professional and experienced personal injury lawyers will serve as one of your most essential resources.

The at-risk party's insurance company will try to negotiate a settlement and contact you via phone to discuss your case. It's essential to consider that nothing is off-limits, and everything you say can be used against you by the insurance company.

Seeking legal counsel from a competent and experienced car wreck attorney in Houston can help ensure you receive fair compensation for your losses. Here are some ways they may be able to help:

  • An experienced car accident lawyer has handled many cases similar to yours, so they know what types of damages you may be entitled to. Sometimes a lawyer can find opportunities for compensation that you wouldn't have thought of on your own.
  • Handle all documentation within the filing dates to guarantee you don't lose out on your chance to get compensation via bodily injury liability coverage.
  • Engage expert investigators to analyze the accident and establish fault against the other driver.
  • Create a successful case plan based on state laws and avoid insurance fraud.
  • Respond to calls from the other party's insurance company and negotiate a reasonable and fair whiplash claim settlement on your behalf.
  • Remove the legal weight from your shoulders so you may rest and rejuvenate. 

Tip 3: Understand the Protocol for Filing an Accident Report

You should file a formal report with the police at the location of the incident and your insurance agency (or ideally, the company representing the other insurance carrier - the at-fault party; be sure to get their insurance info). It's essential to do so as quickly as possible in both cases for an adequate whiplash settlement.

Submitting a Police Report

If the police do not respond at the site of the accident and you have been hurt, call the police station and ask for an officer to come to fill out a report; this will become important later on for your auto accident settlement.

The police report is not the final verdict on the collision. Still, it can help your case's credibility and serves as an essential supporting document for your claim: the more significant your documentation, the better.

Make a Claim with The Insurance Company

Informing the concerned insurance company is the first part of the settlement process and is essential for securing a car accident settlement down the road. You must tell the concerned insurance provider of any accident you've been in, ideally within 48 hours or as soon as possible (for an average whiplash settlement payout as compensation for pain and other losses). However, there are some very important things to consider before doing so.

Reporting Dos and Don'ts:

  • Call your insurance agency as soon as you get the chance.
  • Stick to the facts when speaking with them.
  • Don't discuss blame with any insurance adjuster, including your own.
  • Refrain from admitting fault or accepting responsibility (duty of care) for any aspect of the incident.
  • Do not accept a verbal or written offer from your insurance provider without first speaking with a lawyer. 

Another thing to remember is that your insurance may require an Independent Medical Exam (IME). Simply said, an IME is a medical exam performed by a primary care doctor or physician contracted by an insurance agency. This exam is generally designed to cast doubt on any significant injury diagnosis made by your treating physician. The idea is to keep the insurance agency from having to pay out more money in extended health care benefits or health care benefits coverage.

There is usually no way to escape an IME. However, before proceeding, consult with a lawyer about your choices. Be aware that whatever you say or do from the minute you arrive at your consultation may be utilized to diminish the seriousness of your injuries.

Tip 4: Document Everything

Documenting all evidence is the third stage in knowing how to build a whiplash claim. In this context, "evidence" might refer to any type of documentation, such as photographs of the incident or your injuries, sound files, and all receipts or medical bills related to the incident.

Materials that may be used as evidence include the following:

  • Video footage of the collision, if you have it
  • Photographs or medical records demonstrating your health previous to the injury
  • Doctors notes for approving time away from work 
  • Pay stubs, medical leave logs, or proof of absence from work 
  • Medical records demonstrating your injuries and recovery progress

It is to your best advantage to gather all evidence as soon as possible and on a regular basis. It will also spare your lawyer time throughout the investigation. Evidence is key to any whiplash claim.

Among the most crucial benefits of having a legal representative on your side would be that your lawyer will greatly assist in this process. A skilled car wreck attorney in Houston will have the resources necessary to investigate your whiplash claim thoroughly. 

Tip 5: Be Patient

The proper attorney will see your case in a positive yet practical light. The fact is that there are no rapid solutions in whiplash injury cases, and any lawyer who offers one should be avoided.

Prepare to be patient and prudent until your claim is resolved. While there is no fixed period for a whiplash claim to be resolved, most are solved between six months and a year. It is important to collaborate with your attorney during this time, especially until talks are completed. 

Avoid using social media networks throughout the legal procedure. Defense counsel has been known to utilize social media postings to undermine your claim for compensation or injury, so be cautious about what you or your friends and relatives publish.

Reach Out to a Car Wreck Attorney in Houston About Your Whiplash Claim

If you've been involved in such an accident and were forced to go through physical therapy treatment for injuries/discomfort in neck muscles, shoulder muscles, and other areas, you should not hold back from demanding fair compensation for your losses. The legal team of car wreck attorneys Houston at Calhoun Meredith will cover all the details starting from the collision scene to the aftermath - the primary symptom and subsequent chiropractic treatment, to assess the blame and the extent of the damage. Call us now for a free initial consultation session!

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