Filing an Injury Claim for Whiplash After an Accident

October 22, 2020

Whiplash injuries often result in significant pain and suffering for car accident victims. However, you often hear that whiplash is not a big deal and that you do not need to seek medical attention. This is not true. Anytime you or somebody you care about sustains an injury in a car accident, you need to seek medical care.

The signs and symptoms of many accident injuries, including whiplash, may not appear immediately following a collision. However, these injuries can lead to long-lasting pain and cause a victim to miss work or not be able to participate in their daily activities. Here, we want to discuss the signs and symptoms of whiplash, the types of compensation available, and who you can call after sustaining an injury.

Filing an Injury Claim for Whiplash After an Accident

Signs in Whiplash Injuries

Whiplash is one of the most common injuries sustained by drivers and passengers involved in vehicle collisions. Unfortunately, whiplash is also one of the most overlooked injuries sustained by crash victims. Whiplash injuries involve strains and sprains in the neck and upper back that occur when a motorist’s head is rapidly jerked backward and forward due to the impact of the collision. These injuries are common after rear-end collisions, but can occur in other types of motor vehicle crashes as well.

Anytime you are involved in an accident, you need to seek medical attention. However, we understand that the signs and symptoms of whiplash injuries may not appear until hours or even days after the accident occurs. Some of the signs and symptoms of whiplash that you need to be aware of include the following:

  • Neck pain and stiffness that increases when you move
  • Loss of range of motion in the head, neck, or arms
  • Frequent headaches
  • Fatigue or dizziness
  • Numbness or tingling in the hands
  • Pain and soreness in the back, arms, and shoulders

Can You Sue for Whiplash in a Car Accident?

Yes, you may very well be able to file a lawsuit against a negligent party that caused your whiplash injuries due to a car accident. However, we need to point out that most car accident cases are resolved through settlements with insurance carriers. Unfortunately, insurance carriers are notoriously difficult to deal with.

You can count on the insurance carrier of the at-fault party to do everything in their power to limit the amount of money they payout in a settlement for your whiplash injury claim, including trying to prove that you are not actually injured.

If an insurance carrier refuses to offer a fair settlement for your whiplash injuries, or even denies your claim altogether, it may be necessary to file a lawsuit against the insurance carrier or the at-fault party. Even after a lawsuit is filed, most injury cases are settled before they go to trial.

Can Whiplash Injuries Be Proven?

Unlike some other car accident injuries, whiplash injuries are not necessarily visible for everybody to see. This can make proving them to insurance carriers or the at-fault party’s legal team more difficult. In order to secure compensation for whiplash and personal injury claim after a car accident, you need to have the following:

  • Medical records documenting the injuries. Medical records needed in these cases include emergency room records, other hospital records, and records from your doctor outlining your symptoms, diagnostic testing, and treatments. Your records should also include discharge instructions for your follow up care.
  • Statements from your doctor or other medical providers. In addition to your medical records, you will want to provide statements from your doctor or chiropractor that detail the nature of your injury, their recommended treatment, and their prognosis for your recovery. If your injury has resulted in permanent damage or disability, your doctor needs to note this in their records.

You need to continue seeking medical treatment and go to all follow-up visits until you have reached maximum medical improvement. Only a trained physician can determine when you have reached maximum medical improvement following a whiplash injury. If you take it upon yourself to discontinue your medical treatment against the advice of your doctor, you are giving the insurance carriers a reason to deny your claim or to offer a lower settlement for your injuries.

How Much Should I Settle for Whiplash Injury?

There is no set amount of money awarded for whiplash injury cases. The total amount of compensation awarded to victims in whiplash injury cases will vary depending on the specific factors related to each particular situation. Some of the factors that can affect whiplash injury claim settlement amount include the severity of the injury, whether the whiplash injury victim is able to work, their level of pain and suffering, etc.

Working with a skilled car accident injury attorney in Arizona, you will be able to properly calculate your total losses when working to craft a demand letter to the insurance carrier for compensation.

Compensation in Whiplash Injury Claims

If you have sustained a whiplash injury in an Arizona car accident, there may be various types of compensation available for your claim. This can include:

  • Full coverage of medical expenses caused by the crash
  • Lost income if you are unable to work while you recover
  • Any household out-of-pocket expenses you incur
  • Pain and suffering damages
  • Loss of enjoyment of life damages

Additionally, your car accident lawyer will work to ensure you are properly compensated for any property damage losses you incurred due to the incident.

Contact an Attorney for Your Whiplash Injury Case

If you or somebody you care about has sustained a whiplash injury in a car accident in Arizona, you need to speak to an attorney as soon as possible. At Torgenson Law, our dedicated and experienced team is ready to help you secure the compensation you need. We will conduct a complete investigation into your car accident and take on aggressive insurance carriers in an effort to prove your whiplash injuries. When you need an Arizona whiplash injury attorney, you can contact us for a free consultation of your case by clicking here or calling (602) 759-0012.