Monday, February 15, 2016

Car Accidents and the Law: Getting Compensation for Whiplash

Whiplash is a neck injury that results from an impact that causes the head to snack forward and backward, such as in rear-end car accidents. While whiplash is often humorously portrayed on the big screen, the symptoms of whiplash are not at all funny.

Symptoms of whiplash include pain and stiffness, headaches, and limited range of motion, and can range from mild to debilitating. After an accident, it's best to get medical attention right away, even if the pain doesn't seem to be severe. Symptoms can worsen in the hours or days after an accident. In addition, records of medical treatment are needed to prove whiplash.

It is also recommended to take photos of the accident scene, obtain police reports, and gather witness information to build a stronger case. Whiplash victims should also document their medical expenses and other costs associated with their injuries, such as medication and rehabilitation fees, and lost wages due to time spent off work for recovery. In some states, it is possible to receive compensation for pain and suffering. Documenting all expenses will be helpful when it's time to make a claim for compensation.

In no-fault states, whiplash victims must first seek compensation from their own insurance carrier through a Personal Injury Protection (PIP) claim. Filing for compensation for whiplash under a PIP limits the amount a defendant can recover for the injury. Alternatively, a whiplash victim or his or her lawyer can file a claim against the responsible party's insurance carrier. The process is more complicated, but it doesn't have as many limitations on the amount of compensation the victim can recover. In cases wherein the victim's or the responsible party's insurance carrier refuses to pay out the claim, the whiplash victim could file a lawsuit.

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No-fault states do not give compensation for pain and suffering.

In states that have a fault-based system, a whiplash victim has the option to file a lawsuit directly against the responsible party. This increases the possibility of a greater amount of financial compensation.

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Whiplash and other types of soft tissue injuries are notoriously difficult to prove. A capable personal injury lawyer can help whiplash victims by asserting their claims for merit, guide them through confusing legal procedures, and negotiate a fair settlement on their behalf.

Follow this Ann S. Sheeley Twitter account for more discussions on whiplash settlements.

Personal Injury: To go for Mediation or Not?

Out of thousands of personal injury claims in the U.S., only four percent go to trial. Of this fraction, the odds of winning a lawsuit are relative to the nature of the personal injury. In tort trials, the Bureau of Justice Statistics of the U.S Department of Justice reveals that only 61 percent of claimants have won their cases in personal injury rooting from automobile accidents.

As an alternative to long and complex judicial processes, some victims opt to go for mediation, an informal process that allows both parties to resolve a dispute without involving the courts.

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During mediation, a mediator, a neutral third person, opens a dialogue between the disputants, until they reach a final agreement. This process provides many advantages as it is more private, less expensive, controllable, and faster, with some cases lasting only a matter of hours.

Mediation, however, has its disadvantages. While it can resolve disputes in a more expedient manner, it lacks the procedural and constitutional protection of the court. Hence, settlement agreements do not always guarantee fairness, especially for victims who are seeking higher compensation. There are also instances where disputants fail to settle an agreement, which, consequently, leads them back to court.

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The best way to decide whether or not to go for mediation is through a thorough understanding of the personal injury claim. For example, if both parties have already decided upon who was at fault for the accident, and said liable party is willing to immediately compensate for the damages, mediation can be the best option to save time, money, and effort.

Attorney Ann S. Sheeley has more than 25 years of experience in handling personal injury cases. For a free consultation, visit this website.