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Can You Get Compensation for Whiplash?

physical therapy

Whiplash is the term for a soft tissue injury to the neck, which often happens in car accidents. Whiplash injuries can be painful and difficult to heal over time, which is why you should take legal steps to retain compensation. Whiplash-type injuries often get called “fake injuries,” but they are legitimate soft tissue injuries. A sudden, violent jerk of your neck can cause serious physical problems and impair your ability to function and go to work.

While most whiplash personal injury claims are settled before going to trial, if you suffered whiplash for an extended period or the whiplash caused severe damage, you can file a lawsuit to seek compensation. Today, we go over how to get compensation for whiplash.

How to Ensure You Can Get Compensation for Whiplash

Start the claim process as soon as possible.

Do not delay in starting the personal injury claim process, especially if you have a medically documented whiplash injury. Ensure that you speak with your doctor to make sure you have a good understanding of the extend of your injuries. It would also be advisable to consult with a lawyer to determine your options for pursuing a whiplash personal injury claim.

Document your expenses.

You will want keep track of your medical expenses and additional purchases related to your injuries. This could include lost wages, medical bills, prescription costs, insurance co-pays, and more. Insurance companies will require proof of all the expenses you had to incur.

Consult with a lawyer to see if you need to file a lawsuit.

There is no guarantee that you will receive compensation for your injuries from an insurance company. You may need to file a personal injury lawsuit to seek compensation and recover non-economic damages, such as pain and suffering.

The Duration of Your Pain Will Affect Your Settlement

While most whiplash injuries go away on their own within a week, serious cases could affect you for months. The duration of your injuries and pain will affect how much compensation you can receive. If you experience any lingering symptoms such as stiffness, pain, limited mobility, numbness, and any other signs that show something might be off, you might have something more significant than a whiplash. This is an indicator that you may have suffered damage to your cervical spine, cervical muscles, or the nerve roots in that area of your neck.

It is important to document all medical evidence and notes from your doctor to get enough information to prove your case and seek appropriate compensation.

How Much Compensation Can You Expect to Receive?

Compensation varies according to the circumstances of your case. Most cases of mild to moderate whiplash receive a settlement or trial verdict of $2,500 to $10,000. More serious cases involving medical treatment (such as physical therapy) over months may cost the defendant anywhere between $10,000 to $30,000. If you suffered neck injuries beyond soft-tissue damage could increase the settlement or verdict to upwards of $100,000.

Seeking Compensation for Your Whiplash Injury? Contact Our Office

If you require legal assistance for your whiplash case, do not hesitate to contact our office. We will help you explore your options, educate you on the claims process, and determine your best course of action.

Contact our office online or call us at (916) 778-3228 to schedule an initial consultation.

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