Whiplash Injury Compensation


There are some 3 million whiplash injuries in the United States each year from motor vehicle accidents alone. Whiplash injury compensation claims frequently arise as a result of auto accidents, but may also arise in relation to other types of accidents.  Whiplash is the most common injury associated with car accidents. If you have recently been in a car accident, you may be surprised to find neck pain beginning several days after your accident.Whiplash injuries are often the result of someone else’s actions which means that the victim has the right to be compensated for their pain and suffering and have their medical bills paid. The amount of compensation for whiplash injuries is dependent on several factors such as:

  • Amount of medical bills
  • Amount of lost wages (including future wages)
  • Probability of permanent disability
  • Any other direct expenses relating to the injury
  • Punitive damages for pain and suffering

There are two different ways to seek compensation for a whiplash injury. The first and most common way is for the injured person to make a claim directly with an insurance company. This claim may be with the injured person’s own insurance company or with the other person’s insurance company. If a claim for compensation is made this way then the resulting compensation will be in accordance with the insurance company’s rules and most likely will include little or no negotiations.

The other method is to use the services of a personal injury attorney. There are many things to consider when selecting a personal injury attorney to assist you with whiplash compensation. There are several advantages of using an attorney that specializes in injury cases:

  • Attorneys know the law
  • An attorney will have experience in negotiations
  • An attorney can help you get the documentation necessary to verify your claim
  • You stand a better chance of getting a fair settlement

First you need to determine if you have whiplash and if it presents a medical problem. Whiplash occurs when the head and neck are suddenly thrown backward and forward as often happens in auto accidents. Some symptoms of whiplash include:

  • Neck pain
  • Upper back pain
  • Dizziness and headache
  • Ringing in the ears
  • Decreased range of motion
  • Numbness

Whiplash is diagnosed by a medical doctor using a physical exam, x ray, CT scans or MRI. It is not unusual for the symptoms of whiplash to appear several hours after the accident or even within a day or two after the accident.  If this is the case, it’s important to seek medical attention as soon as symptoms appear.  Keep in mind that if you wait too long to seek medical treatment, it could hurt your whiplash injury compensation case. If you feel injured at the time of the accident or incident, request an ambulance to take you to the nearest emergency room. Make sure everything is documented in your medical records.

Although most whiplash symptoms disappear over time, in some instances, whiplash may be masking other much more serious injuries such as:

  • Joint damage
  • Disc damage
  • Ligament damage
  • Cervical Spine damage
  • Mild or traumatic brain damage

What if your whiplash injury happens at your workplace? There are certain procedures and things you should do if you want to make a compensation claim for a workplace injury. At the very beginning, your injury should be recorded in the company’s accident book. If your firm has more than 10 employees, the presence of such book is required by law.

If for some reason the accident book is not available, you should advise your boss with a description of the accident and any injuries sustained. If there were any witnesses to the accident, they should add their knowledge of detail to the record.

You should also be asked to write down a detailed version of the entire situation – it’s good to prepare it as soon as possible, so you won’t forget anything and you will have it ready for whiplash injury compensationany further proceedings. If you can, take photos of the workplace area plus any machines that were involved. Make sure to document your whiplash injury with your medical professional and follow the guidelines discussed above to initiate your claim.

A person who has suffered a whiplash injury may ask themselves several questions like, Is this just about money? or Do I deserve compensation? If your lawyer is only interested in the bottom line, then you’re in for a big surprise. It not just about money; it’s about make those responsible, responsible.

This may sound like an obvious statement, but it is very true. If there were parties or individuals whose negligence has caused you injury, then it is your absolute right to demand and receive full compensation for what you have been put through and a compensation claim is the way to do it.

While a large settlement won’t take away the pain you have felt, or somehow cure you of your whiplash injury, but it can take away one of the biggest stresses in this time of need which is money. The last thing an injured person needs to worry about throughout their recovery is money. Financial difficulties add enormous amounts of stress and can seriously undermine the recovery process.

Your medical bills, along with missed time at work and general mental anguish and family stress should not be on your shoulders alone to bear. Getting whiplash injury compensation may not be easy but after all, it’s not your fault you’re in this situation, so why should it be your responsibility to pay for it?




2 Responses to “Whiplash Injury Compensation”

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