Whiplash is a common type of car accident injury, particularly in rear-end accidents. The problem is: this injury, like other soft-tissue injuries, can be difficult to prove when filing a claim for compensation. There are many challenges to these types of cases, and that is why it can be very important to have qualified legal representation. The Appleton car accident lawyers at Sigman Janssen know how to gather evidence of a whiplash injury and link it to an accident. Schedule a free legal consultation with our firm today.
One of the main challenges with a whiplash claim is connecting the injury to the accident, because symptoms of the injury are often delayed.
If people do not feel much pain after the crash, they may think they are OK and be thankful they got through the accident without suffering any injuries. However, days later, accident victims may start to experience pain in their neck, shoulder or back.
Victims May Not Seek Treatment Right Away
If accident victims do not feel much pain after the crash, they may not seek medical treatment. However, even when victims experience whiplash symptoms, they may avoid medical treatment because the pain is minor, and they think it will eventually go away. If the pain gets worse, they may use an ice pack or heating pad for relief.
Delaying treatment can allow the condition to worsen, and victims may experience pain for weeks or months after the accident. Delaying treatment also makes it harder to connect the injury to the accident.
Disproving Claims You Have a Pre-Existing Medical Condition
When you file a claim seeking compensation for whiplash injuries, the insurance company may try to deny it, claiming your symptoms are from a pre-existing medical condition. This is why insurance companies often contact accident victims and ask them to sign a medical release so they can access records from before the accident. They are fishing for information to use against you to claim you were not injured in the crash.
Your attorney can help gather your medical records to help disprove claims of a pre-existing condition. He or she can also use medical records from your treatment to help connect the injury to the accident.
In some cases, it may be necessary to have qualified medical experts provide testimony about how your injuries were caused by the accident.
Independent Medical Exams
Insurance companies often require accident victims to go through an independent medical exam before they will agree to pay compensation.
It is recommended that you consult an attorney before going through one of these exams. If you try to do so on your own, you may forget to say something or answer one of the doctor’s questions in a way that hurts your claim.
Your attorney can help you be prepared to talk to the physician without hurting the value of your case. You should also be prepared to talk about how the accident happened, the types of symptoms you have been dealing with ever since the accident, and what you are currently doing to get relief.
How You Can Potentially Help Your Case
You should seek treatment right after a car accident. This helps to show a strong link between your injury and the accident.
You should also contact a lawyer as soon as possible to determine if you have a viable claim and what it may be worth. You should also document as much as you can, including any loss of income, daily pain from your injuries, and activities you are struggling to take part in because of your injury.
Call a Trusted Attorney for a Free Consultation
If you are the victim of a car accident and are suffering from whiplash, you will need a lawyer to help you pursue full compensation for damages. The team at Sigman Janssen has recovered fair compensation for many Wisconsin car accident victims.