Filing a Whiplash Lawsuit
What's In This Article
Whiplash is a common term for the various soft tissue injuries that happen in the neck during a car accident. If you have injured your neck in a car accident, you may be able to file a whiplash lawsuit. Whiplash injuries can be very painful and filing a lawsuit could be your best way to get compensated.
Get Medical Treatment Right Away
If you think you may have any injury after a car accident, including whiplash, you should get to your doctor or ER immediately. Many soft tissue injuries, including whiplash, do not become obvious until well after the accident.
Your doctor will know to be looking for signs of a neck injury after a car accident, including whiplash. If you decide to file a whiplash lawsuit later, it is required for your injury claim to be backed by strong medical records. Any insurance adjuster or jury will look skeptically at any claim of a whiplash injury, so be sure that you have the medical proof you need to get proper compensation.
Start the Claim ASAP
If you do have whiplash and it is confirmed by a doctor, start the personal injury claim immediately. If your car accident happened in a no fault state, you should talk to your own insurance carrier that day. If you are in a state that allows for personal liability claims after a car accident, contact the at-fault driver’s insurance carrier. Tell them that you plan to file a claim or lawsuit.
Remember: The sooner you tell the insurance company or your intent, the more seriously they will take you. If you wait weeks to file a claim for whiplash, it will be viewed suspiciously. But starting the claim right away does NOT mean you should accept a low settlement.
Carefully Note Losses and Expenses
If you make a whiplash claim with an insurance provider, you should be documenting all expenses that you have related to your neck injuries, medical treatments, lost work time, prescription drug costs, etc. The insurance adjuster will require proof of every dollar they pay, so they will want a lot of documentation. Make their lives easier with good records and the money will come faster.
Filing a Lawsuit
Many whiplash claims end up in settlement rather than court, but there is no assurance this will happen. The insurance company may deny your whiplash claim or could offer you a very low settlement. In these cases, your best course of action could be to file a whiplash lawsuit.
If you reside in a no-fault state, a whiplash lawsuit could be problematic; there are threshold injury and damage requirements. In states that do not have no fault laws, you could be able to more file a whiplash lawsuit. You could be able to recover compensation that includes your medical bills, chiropractor adjustments, pain and suffering and lost wages.
Keep in mind that many whiplash claims are considered ‘fake claims,’ so you will need to have good documentation to receive fair compensation.