Whiplash is a common term for a neck injury. Just like the way a whip is lashed, it refers to the jerking of the neck. The head can be forced forward then quickly thrown backward or the process can happen in the reverse order. These injuries occur most often during traffic accidents, especially when a driver is hit from behind, or during contact sports such as football. Muscles and tendons, nerves, and discs in your neck and back can be affected or damaged. Whiplash can also cause a brain injury called a concussion. Symptoms of whiplash can include pain and stiffness in the neck, pain in the back, shoulders, arms, or hands, numbness, dizziness, and blurred vision.

Some people have no trouble recovering from a whiplash injury, but others suffer the long-lasting effects of permanent disablement. How do you know if you will need to contact personal injury attorneys?

When to Contact an Attorney

You can always ask an attorney to review the facts of any accident you are involved in, but you should always consult an attorney if the whiplash injury was the result of someone else’s negligence. Some examples include being struck by another driver while you had the right of way or from behind, or if the injury occurred during an altercation that you were not involved in. If an attorney believes that your injury was caused by someone else and that you deserve to be compensated, he or she will take your case and represent you in court.

What You Need to Know About Proving Your Whiplash Injury Case

The court system sees injury lawsuit cases very frequently. While each one is evaluated based on its individual circumstances, they all have things in common.

1. Did you seek medical treatment immediately after the injury? If your injuries were bad enough that you were seen and treated by paramedics or Emergency Room staff, this will be no problem. You will only need to get copies of your records substantiating the injury and the treatment given. If you developed delayed symptoms and saw a medical professional as soon as those started, you should be able to get the records and document the injury as well. If you did not seek any kind of medical attention, you will not be able to prove that you sustained any injuries and the court will not take your word for it.
2. How is the amount of damage assessed? Your attorney, the insurance companies, and the courts take into account how much damage was done to your property, if applicable, and how severely you were injured. Things like the costs of your Emergency Room visit, visits to your medical professional, and the need for ongoing care help determine what your lawsuit is worth.
3. What if you get better before your court date? Some people do. If you are one of the lucky ones who does recover, you can still go forward with your lawsuit. You may not receive as much in compensation fees since you will not be needing further treatment, but you can still be compensated for your treatment costs.
4. What if the person you are suing contests the lawsuit? The purpose of the court system is to allow each person to be heard and to present their evidence. Just be sure that you have provided your attorney will all the necessary facts about your injury. The court will weigh each argument fairly.
5. How much compensation could I receive? There’s no simple answer to that question, but in general, the compensation amount grows with the severity of the injury. A permanent disability that resulted from the injury will result in higher compensation than a temporary injury.

Can Your Claim Be Settled Out of Court?

There is always the possibility that the attorneys will be able to reach an agreement that is satisfactory to their clients without going to court. Sometimes this is the best option.

Whiplash injuries are always a serious concern and can cost a lot of money for medical treatment and ongoing care. If you have been the victim of the negligence that caused a neck injury, seek the advice of an attorney right away.

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