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.

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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.

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.

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