If you were in a car accident, in particular a rear end accident, you likely have whiplash. This could range from being mild to moderate, or even severe. Whiplash is a soft tissue injury that happens when the tendons and muscles in the neck extend and contract very quickly; like the cracking of a whip.
Symptoms of which whiplash may include headaches, stiffness, pain, limited movement in the neck, fatigue, and dizziness. In serious whiplash injuries, you might experience:
- Blurred vision
- Nausea or vomiting
- Ringing in the ear
- Memory problems
- Insomnia
- Mood swings
Regardless of how severe your whiplash is, it may be possible to file a car accident claim to recover monetary damages for medical treatment, lost wages, and more. If you are interested in pursuing a whiplash claim, it is advisable to take several steps as soon as possible to ensure your rights and interests are protected.
Get Immediate Medical Attention
Whether or not you are feeling pain from the whiplash or another injury, it is prudent you seek medical attention. Symptoms from any injury are not always evident. In fact some take days or weeks following the accident to become noticable. Other symptoms could be masked by cortisol and adrenaline; two hormones which may be released by the body in stressful situations.
A medical doctor can assess your physical body and any symptoms to determine whether or not you have whiplash. Contrary to what you might have been told, whiplash can be serious so the sooner you see a doctor, the better your recovery might be. Furthermore, insurance adjusters or a judge might assess your medical records to determine how soon you receive treatment. If they find out you ignored doing so for a period of time after the accident, they could accuse you of filing an illegitimate claim. This is especially true in whiplash cases because whiplash is commonly looked at with suspicion and doubt.
Choosing the Right Doctor
There are medical facilities and doctors who advertise bold statements that claim they help victims to recover maximum damages. In general, these facilities are known for their extraordinary high costs and could result in you losing out in the long run. The only person who should be responsible for getting every cent you deserve is your lawyer. If you are unsure about who should treat you, please talk with a lawyer who handles car accident claims or call your primary care physician.
Do Not Submit to an Independent Medical Exam
Unless you are in a no fault state you should not submit to an IME. If you are in one of these states, be sure to discuss your case and the IME with a lawyer beforehand. Independent medical exams are conducted by a doctor who is chosen by the insurance company. In general, this doctor has an obligation and duty to the insurance company and could give you a biased diagnosis that greatly affects your claim.
Gather and Save Your Evidence
Whiplash claims are generally very complex and will require the expertise of an experienced car accident lawyer. Before you attend a legal consultation, it is advisable to gather evidence such as:
- Receipts for medical expenses
- Photographs of the scene and your injuries
- X rays, MRI scans, and CT scans
- Documentation of any doctor’s visits
- Documentation of time off
- Police report
It might also help to keep a pain journal which documents your physical and emotional pain on daily basis.
File a Claim as Quickly as Possible
If you have suffered whiplash in a car accident you may be able to recover compensation for your losses; however, it is prudent you initiate the legal claims process as quickly as possible. It is also essential that you avoid any deadlines the insurance company and state has set for filing claims. Bare in mind that you should not discuss your opinions or feelings with the insurance company, on social media, or anyone else that is not working with your interests in mind.
Technically you can file a car accident claim on your own, but it may be beneficial to ask a car accident lawyer Milwaukee, Wisconsin trusts to help you navigate the process to ensure no mistakes are made.
Thank you to our friends and contributors at Hickey & Turim for their insight into car accidents and claims for injury.