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04/07/2022

Whiplash is an awfully common injury sustained in a car accident — especially during rear-end collisions. But most of the time, symptoms aren’t apparent right after the accident; so, how can we prove a whiplash claim?

Whiplash injuries can lead to substantial medical consequences in the future necessitating fair whiplash injury compensation. Moreover, ignoring the injury pain after a road collision can also indicate that you won’t be liable for the whiplash compensation that you are entitled to after you are injured in a car crash. An experienced Houston car accident attorney from Calhoun Meredith will make sure that this doesn't happen. We can help you determine liability and file a whiplash car accident settlement claim to reimburse your losses by pursuing financial compensation.

What Is Whiplash?

Whiplash is a neck injury, commonly related to rear-end car accidents but also observed in other personal injury claims involving car crashes. When a car is involved in a rear-end collision (is hit from behind), the force of impact can cause passengers’ heads to move back and forth or side-to-side in a whip-like motion.

Since the movement of the torso is restricted by a seatbelt, the rapid movement of the head causes the soft tissue in the neck to overextend. This can cause the muscles and tendons to stretch beyond their normal range of motion.

These movements are called hyperextension (the head is shoved far back, with the chin up) and hyperflexion (the head is pushed too forward, with the chin down). When this happens, the vertebrae can get displaced and damaged.

In the event of such a crash, your top priority should be to get in touch with a personal injury attorney for legal representation and to start the claims process and subsequent compensation negotiations with the insurance adjusters. And if needed, you can pursue a trial after the legal process.

What are Strain and Stress?

A strain is the overstretching or tearing of one or more muscles or tendons. Tendons are bulky cords of tissue that connect bones to the muscles.

A sprain is the overstretching or tearing of ligaments. Ligaments are bands of tissue that attach bones to form a joint. The ligaments of the neck are densely loaded with pain receptors, which are active under stress. Due to this, sprains take much longer to recover.

Severe whiplash complications can lead to:

  • Inflammation of other joints, muscles, and ligaments throughout the body
  • Soft tissue damages such as ruptured discs and torn ligaments
  • Fractured vertebrae
  • Permanent nerve damage
  • Traumatic brain injury (TBI)

Seeking immediate help from a medical professional is imperative even if you're subjected to catastrophic injuries (like spinal cord injuries, head injury, severe soft tissue injuries, etc.) to solidify your whiplash injury compensation.

Symptoms & Signs of Whiplash After A Car Accident

Whiplash, also known as a whiplash-associated disorder, occurs when the tendons, ligaments, and muscles in the neck either tear completely or sprain in such a way that it takes a great deal of time to heal and resolve.

In some cases, whiplash may cause significant and serious pain and suffering for the victim. a victim may begin to notice certain symptoms indicating that they have a whiplash injury, including the following:

Primary symptoms of whiplash include:

  • Neck pain
  • Stiffness
  • Limited mobility of neck or arms
  • Headaches
  • Dizziness
  • Fatigue
  • Tingling or numb hands
  • Sore shoulders and arms
  • Back pain
  • Insomnia

Secondary symptoms, which appear later, include:

  • Blurred vision
  • Tinnitus (ringing in the ears)
  • Irritability
  • Disrupted sleep patterns
  • Difficulty concentrating
  • Memory issues
  • Depression

How Can Your Lawyer Prove Your Whiplash Claim?

One or more of the aforementioned symptoms demonstrate that you have undergone a whiplash injury. While many whiplash injuries heal after some time, others will require medical attention. Diagnosing a whiplash injury right away is crucial. It will not only assure that the whiplash is handled and treated properly but also specify whether any complications or other related trauma is associated with the injury. Also, documented medical evidence will allow your attorney to claim for sure that you were indeed hurt by whiplash in the insurance claim filed with the insurance provider of the at-fault party.

How Common is Whiplash?

Whiplash is a very common injury. It’s estimated that almost 3 million citizens suffer a whiplash injury every year. Out of these 3 million people:

  • Half will suffer chronic pain as a direct result of the whiplash injury.
  • Approximately 10% will be permanently or temporarily disabled due to the whiplash injury.

Whiplash is much more common in adults than it is in children. Adults have larger heads, and the larger the head size, the greater will be the force endured during a road collision. This will result in more strain put on the neck and back. Additionally, with age, people become increasingly vulnerable to neck injuries, including whiplash. Our bodies become more delicate, particularly due to previous injuries or underlying health conditions.

Seek Immediate Treatment For Whiplash Injuries

Ignoring accident injuries is never good for any future personal injury lawsuits or for pursuing a whiplash car accident settlement claim as per insurance policies. Delaying treatment can create legal issues which will benefit the responsible party. Any attorney with extensive experience in auto accidents will ask you to not waste a moment in seeking medical attention for your injuries.

A doctor will suggest treating your whiplash with a collection of rest, medication, and supportive equipment like a neckbrace to restrict re-injury. You may also be introduced to a chiropractor or a physical therapist for the following treatment.

Fortunately, common types of whiplash cases seldom need surgery. In some cases, if the vertebral discs get ruptured or herniated, spinal fusion surgery or laminectomy will be the ideal course of action. For victims troubled regarding the payment for medical treatment, a reliable whiplash lawyer can initiate recovery from the liable party (an insurance carrier) at no upfront cost.

In more serious cases of whiplash, a victim may also have additional severe injuries, including traumatic brain injuries, nerve damage, neck and spine injuries, internal bleeding, or internal organ damage. In some cases, the whiplash injuries will stay minor and mild, requiring only rest and over-the-counter pain medications for proper treatment.

This may lead to temporary loss of income and other economic losses.

In more serious cases of whiplash, a victim may also need physical therapy, surgery, medical treatments, medications, and chiropractic therapy. The victims who have pre-existing medical disorders or are aged could have lifelong or permanent damage after the car accident.

Visiting a reputed Houston whiplash accident lawyer immediately can help you understand whether you have the legal right to propose a whiplash claim for medical bills, lost wages, property damage, and physical pain caused due to someone else’s negligence.

Who is Liable for Whiplash Injury Compensation in a Car Accident?

Getting compensation after undergoing a whiplash injury in a car accident is possible. This will cover follow-up care, medical expenses, emotional distress, mental anguish, etc. However, there are a few steps to be taken to assure that you get fair compensation for your damage.

These include:

Seeking Immediate Medical Care

It is crucial to seek medical attention as soon as you leave the crash scene. Even if you do not observe any physical symptoms of whiplash, it is still mandatory to see a doctor. If a doctor ultimately treats you for whiplash due to the accident, ensure that you keep backup all the medical records.

Discontinuing the hospital visits is not ever a good idea. You might suffer from severe pain after some time when you could have received treatment immediately. When filing a claim for maximum compensation, the other party might disagree that you did not sustain your injury from the car crash.

The insurance company can also try to prove that you had a pre-existing condition responsible for your whiplash claim. This might be tough to disprove if you won’t have any medical records to back up your claim. As such, you must attain medical attention as soon as possible.

Finalizing Your Treatment

You must follow your medical treatment plans as instructed by your doctor. This will confirm that you did not unnecessarily delay your healing procedure. It will also reflect to the insurance company that you are undergoing a severe injury caused by the accident.

If you put off your treatment plan, you might be establishing a loophole for the insurance company to contend that your damage was not serious. If you also postpone the treatment, you might obtain less compensation than you originally would have.

Evidence For the Injury

To get compensation full for a whiplash undergone from a car accident, you will require proper proof. As such, you should collect all the significant evidence that you can from the accident. The evidence you might require to file a claim includes the following:

#1) Images From the Accident Scene

If possible, take photos from the collision scene right away. This is the type of proof that a lawyer would require to prove your case.

#2) Records of Expenses

You must confirm that you keep all documents of medical costs. This helps you calculate how much you have expended and how much compensation you would be liable from the insurance company of other parties. If you had to miss or lost your job and thereby lost wages in the process, you should also keep these records.

#3) Medical Records

If you have medical records from before and after the accident, they will come in handy to verify that you were not suffering from any pre-existing medical problem before the accident. Insurance adjusters normally pull this card to cancel your case or to deliver less compensation.

Records of medical treatment from after the casualty should also indicate that you suffered from a severe injury that required medical attention. All of these records give the insurance company a proper perspective of your losses and the compensation you deserve.

#4) Police Accident Report

The police should swiftly be called after a car accident so an official report can be filed. Their report will contain reference and insurance data for both parties involved if you were incapable to attain it. It will also include the position of the vehicles at the time of the accident, it will help the officer to conclude how the accident happened, who would have caused it, and if any drivers were cited for a traffic violation that will also be noted.

#5) Eyewitness Statements

Eyewitness statements or their evidence recordings can be a worthwhile resource as they do not have their involvement in the case. However, it can be difficult to attain a record of eyewitness testimony, therefore you will need an experienced car accident attorney to help.

#6) Documentation of Other Losses

You will need to offer proper records and acknowledgments to obtain reimbursement for all the occurred financial losses related to the accident. For instance, repair or replacement accounts for the devastation to the vehicle and other property, a receipt for a car rental, etc. To exhibit proof of lost income, you can deliver pay stubs and any records of missing work.

#7) Expert Testimonies

Based on the conditions of your car after the accident, your case may require expert testimony. For instance, an attorney might hire a medical specialist to verify the extent of your injuries and how can they might influence you in the future. A forensic expert can evaluate future penalties, or an accident reconstructionist to compile supplementary information on how the accident occurred and who caused it.

Receiving maximum compensation from the fault driver’s insurance company can sometimes be more challenging than expected. Seeking assistance from your legal presentation could make all the difference. You can get proper advice from a competent attorney on what procedure to follow to ensure that you get compensated for all the injuries incurred upon you.

What Compensation is Available To Whiplash Injury Victims in Houston, TX?

Whiplash can impede your daily activities. A serious whiplash injury can induce lasting neck damage and permanent disabilities. Whether a whiplash injury range from mild, moderate, or severe, you deserve to be reimbursed if an accident occurs due to someone else’s negligence.

This could include damages for:

  • Present and future medical expenses
  • Rehabilitation and therapy
  • Lost wages and income
  • Disability
  • Pain and suffering
  • Emotional trauma
  • Loss of enjoyment of life
  • Missed time from work
  • Reduced earning potential
  • Ongoing therapies
  • Use of medications
  • Reduced earning capacity
  • Permanent disability or disfigurement
  • Vehicle repairs
  • Loss of companionship or consortium
  • Other accident-related costs

An attorney can help document your penalties to support your whiplash claim. Therefore you should keep medical records, billing statements, receipts, photos, or videos from the accident scene, and more. Any documentation that can support your whiplash injury compensation claim can help your attorney build a solid case on your behalf.

Our competent and professional team of attorneys will work with medical experts and vocational specialists to calculate the worth of your case. This can help us position to secure a sizeable sum, as much as you need and deserve.

Schedule a Case Assessment With Houston's Best Car Wreck Lawyers

If you or your loved ones have endured a whiplash injury in Houston, Texas, bear in mind that you’ll get a restricted amount of time (2 years statute of limitations) to request compensation for your losses. In most cases, the statute of limitations is almost two years. The clock will begin to run as soon as you discover your whiplash injury. Do not wait too long, or you’ll lose the privilege to recover any money, at all, if you don’t file your claim on time. Our competent car accident attorneys at Calhoun Meredith, can help you file a whiplash injury compensation claim and support your case until you get proper reimbursement for your losses.

Consulta Gratis
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