Whiplash Personal Injury Claims

zyw law logoWhiplash is one of the personal injury claims that often occur during a car accident, upon impact. This can be harm that ranges from mild to severe, since it depends on variable factors, such as the speed the collision occurs. This is a complex type of personal injury claim, since the damage done to the neck may not be clearly seen in medical testing of any type including X-rays. This means there can be different outcomes to a whiplash personal injury claim.

The actual injury is medically described as it occurs from a back and forth motion of the head and neck, while the body remains fairly still. This is why it is a common injury in a car accident, since the body would be held back by a seatbelt upon impact. But not the head and neck, which is not held in place. The head and neck continue in motion, and upon impact are thrown backward.

Signs and Symptoms of Whiplash

The symptoms of whiplash can consist of blurred vision, difficulty swallowing, nausea, headaches, memory loss, vertigo, fatigue and sleep difficulties.

Claim Outcome One

A successful outcome to the claim may occur when the victim’s attorney negotiates a settlement with the insurance company of the at-fault party. The settlement will be one that is able to cover the medical expenses and ongoing medical care the plaintiff will require to recover, including rehabilitation, loss of wages and additional damages that are a direct result of the event.

Claim Outcome Two

The claim when filed with the insurance company is denied or disputed. This is often the case when an insurance claim is filed from an injured victim, as a standard way of decreasing the settlement if they must pay out in the end. The way to avoid recovering no settlement or a decreased amount that is lower than what is deserved is to have a whiplash injury attorney handle the insurance company. An accomplished lawyer will be an experienced and skilled negotiator in dealing with insurance company adjustors. This will ensure obtaining a settlement amount that will cover the costs of damages and future medical expenses.

Claim Outcome Three

When the insurance company of the liable party will not agree to a fair settlement, then the claim should be taken to civil court. This lawsuit means that rather than negotiating with the insurance company a judge or jury will determine the amount of the award the victim deserves to be compensated by the liable party. Defense by the insurance company will be expensive, which means that it is possible they will offer a more than fair settlement rather than go through with a lawsuit. When it does not settle and the case continues in civil court, the award can be whatever the jury or judge rules. There are two things that must be remembered with a personal injury claim and that is the rules that will apply.

The first is the statute of limitations, which is the amount of time that the lawsuit must be filed within. This time begins running from the date of the injury and in some instances the insurance company will attempt to keep holding up the claim in hopes that the statute of limitations runs out. This would mean that the victim would not be able to file a valid lawsuit against the insurer. The second is the plaintiff’s attorney will be required to prove certain elements of personal injury exist under the law.

Personal injury claims are often due to a motor vehicle accident, in which a driver was negligent in following traffic rules and can result in whiplash. The filing of an insurance claim is to negotiate a fair settlement and when this cannot be accomplished then the case can be taken to the next stage, which is to bring a lawsuit against the insurer for a financial award.

Resources: 

Reducing Whiplash Claims: https://consult.justice.gov.uk/digital-communications/reducing-number-cost-whiplash

 

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    I am a serious personal injury attorney based in Los Angeles. I handle cruise ship wrecks, dog attacks and motorcycle accidents with professional excellence and have retrieved millions of dollars between myself and my associates and firms of counsel to me. I take no prisoners when defending the sacred rights of my clients.