Medically known as hyperextension of the neck or cervical acceleration-deceleration, whiplash is among the most common injuries sustained in car accidents. A whiplash injury is usually caused by a sudden impact, like a rear-ender. Such a collision jerks the body forward while the head lags, causing the neck to overextend.
Whiplash effects such as neck pain, headaches, and dizziness may remedy after a few days or carry on for months and years. You could sue for damages if someone else’s negligence caused your whiplash injury while behind the wheel. But you need to provide corroborative evidence to back your claims.
If you sustain a neck strain or neck sprain injury, through no fault of your own, either as a driver or a passenger, you can file a whiplash claim on the at-fault driver’s insurance. You will have to present to your insurance company all the evidence of the accident along with the injuries you suffered. So make sure you:
Because whiplash effects can be immediate, or they can appear hours or even days later, such a claim is the easiest to fake for lawsuit fraud. Faking a sustained neck sprain injury for financial compensation is a criminal offense, which can result in fraud charges. Real cases of whiplash are easy to determine in terms of the presenting symptoms. Genuine victims of a whiplash accident may experience decreased neck mobility, muscular spasms, and tenderness. There may be psychological effects, such as irritation, disorientation, and distraction.
Juries are the most skeptical of whiplash claims and may even think you’re exaggerating your injuries. The only proof available is your doctor’s testimony. You’ll need a Los Angeles whiplash lawyer to prove the accident wasn’t your fault and use the expertise of a medico-legal expert to show the extent of your injuries.
Depending on how severe the whiplash injury is, you’ll be in pain and may be absent from work for an extended period to focus on your recovery. Medical bills are easily proven through your hospital visits, medication, and related therapies. Proving time missed from work and property damages are also pretty straightforward. What’s challenging to account for is pain and suffering.
Fortunately, California provides compensation for pain and suffering, and you might be awarded economic or non-economic damages in a personal injury lawsuit. Economic damages are calculated based on the actual costs you’ve incurred to treat your injury. Once you’ve proven car accident liability, you can be reimbursed as part of their economic damages to cover the following fees:
Non-economic damages don’t necessarily have specific expenses. They may include pain, suffering, grief, shock, and emotional distress. A Los Angeles whiplash lawyer can help you review the possible damages you’ve suffered from the accident. During your initial meeting with your attorney, provide evidence of your injuries, like photographs, medical records, and statements from witnesses at the crime scene.
Because California does not use a specific method when calculating pain and suffering, you must prove you suffered a whiplash based on several factors to recover damages. For example, a court can consider the available evidence or severity of the injury. A judge may consider your economic losses and the defendant’s reckless actions when deciding if compensation should be awarded. In addition to submitting relevant medical records and evidence of property damage, you’ll need sworn testimony of your family and friends to help your case.
The best way to win a pain and suffering claim is to consult a Los Angeles whiplash lawyer who is experienced in handling personal injury cases to get you a fair award. The compensation received in whiplash claims varies depending on the case’s specific circumstances. For example, mild to moderate whiplash cases may settle for $1,500 to 10,000, while severe neck injuries that result in permanent disabilities can get more. Due to the exclusiveness of every whiplash case, these figures are not indicative of your compensation. You could be entitled to the pain and suffering only or past medical expenses and anticipated future costs related to your whiplash.
The goal is to consult a Los Angeles whiplash attorney as soon as you can to ensure you have plenty of time to sue for damages. In California, the state’s statute of limitations for personal injury, including whiplash cases, is two years from when the injury occurred. There are a few exceptions. For instance, the window to file a lawsuit is shorter if the at-fault party is a government entity. Also, if you were a minor when the whiplash injury happened, the two-year time limit starts when you reach 18 years.
It’s not uncommon for whiplash claims to be denied. Most, if not all, cases are unsuccessful because victims failed to provide sufficient proof of how they sustained their injuries. Your claim can also be refused if the insurer believes the accident was your fault or you exaggerated how badly you were hurt based on their investigations. To prove your whiplash claim for fair compensation, work with an experienced personal injury attorney.
Jonathan M. Kashani is the founder of Kash Legal Group, specializing in personal injury law with a commitment to providing personalized client services and high-quality legal representation. He holds a Juris Doctorate with honors from the University of West Los Angeles School of Law and is admitted to practice in all state courts of California and the United States District Court for the Central District of California.
Symptoms of a whiplash injury often resolve within days or weeks, and if they last longer, you may be forced to take time off work, resulting in a loss of wages. Because a whiplash claim can be challenging to prove, we, Kash Legal Los Angeles whiplash attorneys, are adequately equipped with a network of specialists and resources to help bolster your claim.
We are a relentless legal service team whose years of experience in personal injury claims have led to sizable settlements in favor of our clients throughout Los Angeles. Any compensation we win on your behalf will go a long way to support you financially should additional medical treatment and physiotherapy needs arise. Contact us by calling us at (888) 527-4128, or complete our online contact form to schedule an appointment today.
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