How Do I Get Compensation for Whiplash?

If you were recently injured in a slip and fall accident or a personal injury accident, you may have grounds to pursue compensation. Your ability to file a lawsuit depends on your state-specific statute of limitation laws and the kinds of injuries you sustained. As a victim, you will need to gather evidence that indicates that the other person is responsible for the accident overall. This still leaves the question, "How do I get compensation for whiplash?"

You might think that because whiplash can sometimes disappear after several weeks that there's no way to get compensation for whiplash. However, whiplash can be a serious soft tissue injury, and therefore you want to work with a legal team to evaluate whether or not you may be able to win damages in a settlement or a lawsuit. 

The dedicated lawyers at Morgan & Morgan are here to help you figure out how to recover compensation for whiplash after a personal injury accident. Our lawyers believe that there are many different things you must do to increase your chances of recovering compensation for whiplash. Read on to learn more about the best ways to learn how to get compensation for whiplash.

Get Medical Attention

One of the best ways to figure out how to get compensation for whiplash is to get medical care immediately. This documents that you were concerned about your medical conditions, and with whiplash, it is extremely important to schedule follow-up appointments or to continue to communicate changes in your symptoms to your doctor. This is because most people do not experience whiplash injury symptoms immediately.

Whiplash can be thought of as both a shoulder injury and a neck injury, depending on your symptoms. 

The shock of going through the accident and the time it takes your body to begin to feel how this has impacted you physically can take several hours. Even if you are not yet experiencing any signs of whiplash, it is still recommended that you seek medical attention right away. It can take days or hours to experience whiplash symptoms, but waiting too long to see your doctor can make it easy for insurance companies to argue that you did not have serious enough injuries to warrant immediate intervention and treatment for whiplash. If you are experiencing any of the following symptoms, make sure you tell your doctor about them and schedule a follow-up appointment. Symptoms can include:

• Irritability
• Depression
• Disturbances in sleep
• Blurred vision
• Neck pain
• Ringing in the ears
• Pain moving your neck
• A limited range of motion in your neck
• Upper back, arm, or shoulder pain
• Numbness in your arms

Getting the Right Diagnosis and Treatment Plan Matters

The faster that you get medical attention, the more likely it is that you will be properly diagnosed and treated. Immediate treatment could also make it much easier for you to accelerate your recovery and prevent your injuries from getting any worse. This also shows judges, juries, and insurance companies that your injury was not caused by a pre-existing condition, is a legitimate claim, and is associated with the accident in question. It is often recommended that you keep personal notes of your appointments with your doctors in addition to copies of your medical records. Medical costs can be very overwhelming for someone trying to get treatment and move forward with their life, but it's so important to consider these and out-of-pocket expenses following a rear-end collision. 

In these notes, you can write down what you said about your whiplash injuries, what you're experiencing at the time, any difficulties you have with carrying out daily activities or with going to work because of this circumstance, and any other concerns that you expressed with your doctor. If your whiplash injury treatment goes on for some period of time, it will be much harder to remember these details after the fact. This is why it is recommended that you keep good notes because it is likely that the insurance company and other people involved in your illegal claim will have questions down the road.

If you are curious about how to get compensation for whiplash, you need to document your medical injuries and continue to attend all follow-up appointments. You then must follow your treatment plan as prescribed by your doctor. Following this treatment plan and continuing to attend all of these appointments further demonstrates to juries, attorneys, and insurance companies that you have a serious injury.

What Should I Do After Suffering a Whiplash Injury?

Now that you know that you have whiplash and possibly other medical conditions like pain caused by the accident, it is time to file an insurance claim. This can be an overwhelming prospect for people who have been diagnosed with whiplash or other injuries from their accident because they might be concerned about saying or doing the wrong thing. It is very important that you file a whiplash injury claim as soon as possible, and that you provide clear information to your insurance carrier.

How to Communicate With the Insurance Carrier 

It is recommended that you stick only to the facts rather than giving opinions or speculating.

Provide details about the place, date, and time of the accident and make it clear to the insurance carrier that you are receiving medical treatment. Do not provide information about the fault of the accident How much pain you're suffering or the severity of your injuries. You may unintentionally harm your chances of obtaining compensation by discussing these issues with your insurance carrier. Instead, it is recommended that you let your personal injury lawyer handle all communication with your insurance company. The experienced lawyers at Morgan & Morgan have years of background working with insurance companies and know what is necessary to provide to them and where they are not entitled to receive further information about your whiplash symptoms.

The claims process can be frustrating for some, especially if you're also entitled to special damages. To discuss your level of compensation in further detail, set aside time to meet with an experienced lawyer. The insurance carriers might argue that you only have minor injuries, but the true impact of whiplash from road traffic accidents can be chronic and severe. You need a lawyer who is willing to fight for economic damages and special damages. Once you know the prognosis of whiplash injury symptoms, you may continue to experience financial losses such as loss of earnings or medical expenses. Your lawyer should be ready to fight for maximum compensation. 

What Evidence Should I Collect to Support a Whiplash Claim?

Even if it is relatively clear that you have a whiplash injury, you need to collect evidence that supports this. Start with medical records from after the accident. If you have any medical records from before the accident showing your health status, this could potentially help rule out a preexisting condition that may be blamed for the whiplash injury. If your doctor ordered any diagnostic tests or medical imaging showing your injury and the progress of your recovery, these can be helpful in telling the overall story of how your life was changed by the accident. Finally, you want to keep an organized list of all of your bills and payment receipts for medical treatment, including documentation for the time you missed at work when you were unable to perform your work due to the injury or from when you were receiving treatment. It mushrooms your chances of fair compensation when you have complete documentation of your legal expenses.

How Are Whiplash Injuries Calculated?

Whiplash is generally a soft tissue injury, but the settlement amounts for whiplash injury will depend on several different factors. The two most important factors include the severity of your injury overall and how long it is expected to last. Some whiplash injuries may be minor and could heal on their own within a few months or weeks, but more serious injuries could last years and might require ongoing medical treatment. An experienced lawyer like those working at Morgan & Morgan can help you calculate the amount of compensation you're eligible for. Bear in mind that when figuring out how to get compensation for whiplash, there are many different types of bills that may have accumulated. You may also be entitled to other expenses. 

Kinds of Possible Compensation for Whiplash Injuries

The general list of things to consider in your possible compensation list includes surgery cost, doctor visits, mental trauma, rehabilitative services, physical therapy, transportation to and from your medical appointments, lost wages if you miss time at work, and more. Your personal injury lawyer will likely recommend that you wait until your whiplash condition has stabilized and a medical doctor has determined that there is no further possibility for improvement, this makes it easier to fully calculate your damages.

Compensation amounts range significantly for whiplash injuries. For a mild to moderate whiplash injury, this may lead to settlement amounts between $2,500 and $10,000, however, for more severe whiplash injuries, a settlement amount of tens of thousands of dollars may be possible, especially if you have multiple medical conditions tied to the accident. 

Why You Need Legal Help Today 

You need to speak to a licensed attorney about your injuries because these can have such a serious and long-lasting impact on your life. You should not have to go through the process of attempting to recover compensation on your own. 

A lawyer being at your side can greatly increase your overall chances of success. Do not hesitate to contact the caring legal team at Morgan & Morgan. Our track record speaks for itself and insurance companies know we're serious when we take on a claim. Contact us today for a free, no-obligation case evaluation.