How to Maximize Your Damages in a Whiplash Car Accident Claim

Posted on behalf of Henness & Haight on Apr 25, 2017 in Car Accident News

whiplash injury after car accident

Whiplash is a soft-tissue injury commonly associated with rear-end car accidents and may cause a number of health-related problems after a crash.

If you are pursuing damages after suffering from whiplash caused by a car accident in Las Vegas, you should follow these steps after the crash.

Always Seek Medical Attention

Whiplash is a painful injury that occurs when the muscles and tendons of the neck to snap forward and back suddenly in a whip-like manner.

Whiplash symptoms can range from mild to severe and may have a significant effect on your condition following an auto accident. Symptoms can include:

  • Fatigue
  • Head aches
  • Dizziness
  • Limited motion
  • Blurred vision
  • Memory issues
  • Ringing in the ears
  • Depression
  • Sleep disturbance
  • Irritability

Unfortunately, whiplash symptoms are not always immediately apparent following a crash. Many auto accident victims who suffer from whiplash report experiencing pain and related symptoms hours or days after the accident occurred.

This may cause some people to believe they are fine and do not need medical attention, while their whiplash injury remains unknown, possibly worsening.

By refusing to seek medical attention after a car accident you may significantly jeopardize your ability to file a claim and pursue damages for your suffering.

You should always seek medical help from a qualified medical practitioner after any car accident. A doctor or chiropractor will be able to document your condition and confirm to an insurer that you suffered whiplash or other injuries related to the car accident.

Gather Documentation

Following your whiplash diagnosis, it is important you gather physical evidence to support your injury claim.

You should collect any documentation related to your car accident that proves the injuries and damages you have suffered.

Medical Documentation

Your medical records will provide a direct link between your injury and the collision and will show the extent of your suffering.

Medical documentation you should collect includes:

  • Treatment records and admission documents from any hospital or doctors’ visits
  • Imaging of your injury, such as X-rays, MRIs and CT scans
  • Physician statements
  • Proof of prescribed medical treatment

Official Reports

Along with medical records, you will need additional documentation that supports your claim, such as:

  • An accident report filed by the Las Vegas Metropolitan Police Department
  • Video surveillance of your auto accident (if available)
  • Receipts for repair bills for property damage inflicted upon your vehicle
  • Receipts for medical bills and expenses incurred due to your injury

Speaking with Insurance Companies

It is highly recommended that you consult with an experienced personal injury attorney before speaking to insurance companies.

However, if you choose to speak with an insurance company alone, only tell the truth as you know it. Do not embellish the events of the car accident or the severity of your whiplash injury.

You should also never make up facts or speculate on what occurred before or during the collision if you are not sure. This will only hurt your chances of being compensated and may cause your claim to be denied altogether.

Follow Through With Any Treatment Plans

An important aspect insurers look at when assessing a personal injury claim is your willingness to recover from your injury.

If you neglect to follow through with your prescribed treatment plan, it may seem to an insurer that your injury is not serious or that you are not making an honest attempt to recover.

Following through with medical treatment will also provide crucial documentation of your whiplash injury and may reveal new conditions you suffered from the car accident.

Obtain Proof of Lost Wages

Personal injury claims allow claimants to file for economic losses suffered because of the accident, such as loss of income.

If your whiplash injury caused you to suffer a loss of income from missing work, you can include lost wages as part of your claim’s damages to maximize your compensation.

You will need documented proof that shows you missed time from work while recovering from your injury. This can include time slips or leave of absence forms that may need to be approved by your prescribing doctor and employer.

File a Car Accident Claim as Soon as Possible

It is imperative that you do not hesitate to file a claim and do so as soon as you are physically able. Nevada has a two-year statute of limitations to file a personal injury claim.

If you sustained whiplash or any other car accident-related injury, you should take action immediately to collect proof that shows the period of time you were injured and the severity of your suffering. If you miss the two-year deadline, you lose your right to file a claim and pursue damages.

At Henness & Haight, we have represented numerous car accident victims in the Las Vegas area who suffered from injuries like whiplash.

We will use valuable legal experience accumulated over more than two decades of practicing personal injury law to help you recover the compensation you deserve.

Contact us for a free, no obligation consultation to determine if you are able to pursue legal action after suffering from whiplash cause by a serious car accident. We only work on a contingency fee basis and will only require payment if we reach a fair outcome for your claim.

Call 844.613.6275 or fill out our Free Case Evaluation form today.