Not all injuries are visible to the eye. But that doesn’t mean they’re any less painful, and knowing how to prove whiplash will be your biggest step toward getting your life on track.
Are you suffering from a neck injury after a car accident? Don’t go through this alone.
We’ll help you get the details so you can get the settlement you deserve to start healing and move on with your life.
How to Prove Whiplash
When it comes time to bring your situation to court, you can make a whiplash injury claim. This can get tricky because of the lack of visibility and immediacy of the injury. But whiplash can have serious repercussions that should not be overlooked.
We want to get you the best whiplash settlement that we can. So we’d like to provide you with the right information to strengthen your case.
Read on to learn exactly what you need to make sure you’re fully prepared. Know how to prove whiplash effectively and properly.
What is Whiplash?
Whiplash is a neck injury that is caused by rapid, forceful back-and-forth movement. This particular motion can cause tears and strains in the neck muscles and tissue. It’s named this way because the movement represents the cracking of a whip.
The danger of whiplash is that there is also an increased risk of brain injury. When your head is moving back and forth so quickly, the brain could hit against the walls of your skull. Medical treatment is essential to prevent further brain damage from a whiplash injury.
Rear-end car collisions are one of the leading causes of whiplash. This is due to the rapid jerking of the car forward after the initial contact, causing your neck to snap back.
It can take as long as a few months to recover from whiplash.
Chronic whiplash can last much longer and result in recurring, ongoing neck pain. This can go on for anywhere from a few months to a few years.
Treatment for whiplash generally consists of pain medication, rest, physical therapy, and exercise. Sometimes you could be given a foam collar to hold your neck in place. This depends on how severe your whiplash is.
Symptoms of Whiplash
It’s important to recognize the symptoms and signs of whiplash. This ensures that you can get the treatment you need to ease the pain and start to heal. This will also help you to properly prove whiplash when you make your settlement.
These are the symptoms of whiplash you should be looking out for:
- Neck pain or stiffness
- Fatigue or dizziness
- Inability to move the neck
- Increased pain with movement of the neck
- Pain or tenderness in the shoulder or upper back
- Pain, tingling, or numbness in the arms, both upper and lower
Some of the less common side effects include lack of sleep, blurred vision, ringing in the ears, memory problems, and depression.
If you experience any of these symptoms, see your doctor immediately. Don’t forget to document everything from the minute you walk into your doctor’s office.
The Tricky Thing About Whiplash
Here’s the issue when it comes to whiplash. Signs of whiplash generally don’t start right away. So, while you could be treated on scene for it, you likely won’t. This means it won’t be in your police or emergency responder’s report, either.
At the scene of the accident, don’t make any initial statements about how you feel. Symptoms of whiplash don’t always appear immediately. That means you might not even know you have it yet.
This should go for your actions at scene of any car accident. Never make comments about whether you have any injuries or any pain you might be feeling. This could be used against you in court later on.
If you say you’re fine at the accident scene, but you find an injury later on, they won’t be able to connect the injury to the accident.
When you don’t experience symptoms of whiplash right away, it won’t be documented in the police reports from the scene of the accident.
Making Your Whiplash Injury Claim
Here’s what you need to get the right compensation for whiplash. Make sure that your settlement is fair.
File your claim as soon as possible. Don’t let your injuries and your medical costs build up. Sometimes it takes a little while for your claim to go through. This delays the time it takes to get your compensation.
When it’s time to make your whiplash settlement, the courts are going to look at many factors. These will be related to your medical treatment as well as the accident itself.
They are going to consider the technicalities of your vehicle. This includes the placement of the headrest and airbag deployment. They’ll also consider whether you were wearing a seatbelt at the time of the accident.
Always wear a seat belt, regardless of how far you’re going. It could save your life but it could also be a big factor when you make a personal injury claim.
Collecting the Right Documents
The documents from the initial accident will also be a big support to you during your claim.
You’re going to need as many documents as you can collect. Since you won’t have x-rays like you would with broken bones, you’ll need an arsenal of medical documents. This includes records, reports, and receipts for many pain medication you’ve used.
During your medical appointments, make note of every symptom you experience. This could be anything to do with your neck, head, or brain function.
Seek legal advice as soon as possible to make sure you’ve got everything you need to move forward.
Don’t Suffer From Whiplash Any More Than You Need to
Conte & Associates are experienced personal injury lawyers in Toronto. We can get you the right compensation for whiplash. If you’re suffering, we can help you ease the pain.
We will fight aggressively for you. The top medical experts in Ontario work with us to get you the proper support for your case.
Our offices in Whitby and Oshawa are ready to work with you. Talk to us today to set up a consultation.