How To Make A Claim For Whiplash Injury

Whiplash is a neck injury caused by the sudden movement of the head. They commonly occur in car accidents, such as a rear-end crash. The forces involved in these accidents cause the head to move violently backward and then forward again, which can damage ligaments and muscles around your neck.

If you have been injured in a car accident and suffered whiplash, it is important to seek medical attention first and then contact a personal injury lawyer as soon as possible. A car accident lawyer can help guide you through the claims process and get the compensation you deserve for your injury.

 Chaikin, Sherman, Cammarata & Siegel, P.C., How to Make a Claim for Whiplash Injury

A whiplash injury can be very traumatic and cause long-term pain, and it is important to have someone on your side who understands the law and can help you get through this difficult time. Contact the experienced personal injury lawyers with Chaikin, Sherman, Cammarata & Siegel, P.C. today.

How Do I Know If I Have Whiplash?

The best way to know if you have whiplash is to have a qualified medical professional examine you as soon as possible. What might seem like whiplash could be a much more serious, potentially life-threatening neck injury or spinal cord injury.

Whiplash Symptoms

Symptoms of whiplash injuries don’t always manifest immediately following an accident, and it’s not uncommon for victims to go days without noticing the signs of a neck strain injury. However, here are some symptoms to look out for if you’ve been in a car accident.

Common signs of whiplash include:

Some people also have:

If you have been in an auto accident and are experiencing any of the symptoms listed above, you should seek medical treatment. Prompt diagnosis and treatment are important to prevent further injury and improve your prognosis.

whiplash injury after a car accident

Should I File a Whiplash Injury Claim?

You may be able to file a claim for a whiplash injury if the accident that caused your injury was someone else’s fault. To determine whether you have a case, it is important to speak with an experienced car accident lawyer who can review the facts of your situation and advise you on your best course of action. If you decide to file a lawsuit, your attorney will help you gather evidence to support your claim and negotiate with the other driver’s insurance company for fair compensation.

The Claims Process

The claims process is the process that you will need to follow to receive compensation for your injuries. This can include filing a claim with the other driver’s insurance company, as well as negotiating a settlement.

What Should I Do to Prepare For My Whiplash Injury Claim?

To prepare for your claim, you’ll want to make a note of any details you can see – such as the make and model of the vehicles involved, their positions, and whatever details you may remember that could slip away from you later. Any piece of data you have could very well be vital in further investigations to help you prove your case. 

Whiplash claims

Seek Medical Treatment

Whiplash injuries or internal damage may not be immediately noticeable. It is likely that if you have serious injuries, you’ll already be on your way to the hospital. However, if your injuries are minimal, you may still want to seek medical treatment immediately after the car accident.

You are entitled to have your prescriptions, rehab treatments, and potential surgeries covered. An auto accident lawyer with Chaikin, Sherman, Cammarata & Siegel, P.C.  can help you seek compensation for these and other types of treatment you may need. 

Contact Your Insurance Company

After a car accident, you should contact your insurance company. They will send an insurance adjuster to investigate the accident. They may also request additional evidence such as medical records or police reports. Your insurance company may try to settle your personal injury claim quickly and for less than you deserve. It is important to speak with knowledgeable legal counsel before signing any forms or accepting settlements.

Hire an Auto Accident Attorney

The faster you hire an experienced car accident lawyer, the better. Although it’s not challenging to follow common-sense rules, your attorney will make sure you take the precautions necessary to ensure you don’t sabotage your case.

Please do not hesitate to seek legal advice from an experienced car accident lawyer with Chaikin, Sherman, Cammarata & Siegel, P.C. 

Keep All Your Receipts

Retain every receipt of any expenditure you incur so that you can include it in your insurance claim and in case you’ll need it at any point in the legal process. 

You’ll want to preserve the receipts for these expenses: 

  • Medications 
  • Doctor’s bills 
  • Auto repairs
  • Mental or Physical rehabilitation fees 

All of these receipts may be incredibly important when determining the extent of your injuries and the compensation you’ll receive

Why Should I Hire an Attorney?

An attorney can help you gather evidence, prove the other driver’s fault, and negotiate with insurance companies. If the insurance company fails to offer a fair settlement, an attorney can also file a personal injury lawsuit and represent you in court.

What Evidence Do You Need for Whiplash Injury Claims?

Here’s what you need to know about making successful whiplash insurance claims:

  • Police Reports – Police reports can contain information about the accident, such as the date and time it occurred, as well as the names and contact information of the parties involved. You should request a copy of the police report from the responding officer.
  • Medical Records – Medical records document the injuries that you sustained in the accident, as well as the treatment that you received. This can include expenses for physical therapy, the cost of hospitalization, surgery, rehabilitation, and any other medical treatment that you may need as a result of your injuries.
  • Witness Statements – Witness statements can provide information about what happened during the accident and who was at fault. If you have been involved in a car accident, you should try to get the contact information of any witnesses so that they can be interviewed.
  • Proof of Fault – You will need to show that the other driver was responsible for the accident to receive compensation. There are a few different ways to do this, such as demonstrating that the other driver was speeding or drinking before the accident.

If you have all of the necessary evidence and can prove that the other driver was at fault, you should be able to make a successful whiplash claim. Compensation can help cover the cost of medical bills, lost wages, and other damages caused by the accident.

Young woman suffering from neck whiplash, sitting in drivers seat of her car

Who Pays for My Damages?

If a negligent driver injures you in a car accident, you may pursue damages for medical expenses, lost wages, and pain and suffering from the negligent party’s insurance company. In addition, you may be able to claim for medical expenses and lost wages under your own PIP coverage under certain circumstances. 

How Long Does the Average Whiplash Claim Take?

Every car accident case is different, and it is impossible to say how long it will take to resolve your case. However, an accident lawyer will be able to give you an estimate of how long the process may take. It is important to remember that you should not wait too long to file a claim, as there may be time limits in place.

What Chaikin, Sherman, Cammarata & Siegel, P.C. Can Do For You

The Washington, D.C. car accident lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. have a proven track record of success helping clients obtain the maximum compensation possible for injuries they have suffered due to the negligence of others. Our firm has consistently demonstrated we have the expertise needed to help our clients see that justice is served. We have the resources needed to conduct thorough investigations of all the circumstances contributing to a motor vehicle accident, gathering the evidence to establish liability and negligence.

Chaikin, Sherman, Cammarata & Siegel, P.C. has achieved more than $500 million in verdicts and settlements, and our attorneys have more than a century of combined legal experience. Two of our partners are certified by the National Board of Trial Advocacy. Our firm has also earned the highest AV® Rating from Martindale-Hubbell®, one of the most respected attorney-ranking service organizations in the United States. Chaikin, Sherman, Cammarata & Siegel, P.C. attorneys work passionately on behalf of our clients to help them secure fair compensation – there is no type of case that is too complex for us to litigate.

Average Settlements for Whiplash Claims

neck pain from whiplash in a rear end accident

There is no average settlement for injury claims. The amount you can claim for whiplash compensation depends on various factors. These include medical bills, lost wages, and pain and suffering. Our attorneys have experience evaluating cases just like yours to determine what they may be worth and will work hard to get you fair compensation for your injuries.

Here are a few of our case results:

  • $6 million for a client who suffered a brain injury after being involved in a rear-end collision.
  • $4.8 million for a severely injured client after another vehicle struck his motorcycle.
  • $1.9 million for a client who suffered a permanent back injury due to a car accident.
  • $1.5 million for a client who had to undergo multiple surgeries after a negligent motorist cut off his motorcycle.
  • $1 million settlement obtained on behalf of our 19-year-old client who was a passenger in a car in which the driver lost control, causing a collision. As a result, our client suffered extensive brain damage with cognitive impairment. He was in a coma for an extended period of time. Although he has regained consciousness, he is unable to care for himself. The law firm asked the Court to appoint him a guardian to care for him. The law firm is helping to establish a special needs trust so that the proceeds from the settlement will be protected against any medical liens.
  • $1 million settlement on behalf of a client who suffered a brain injury when the driver of the car in which he was a passenger lost control of his vehicle.

Contact an Accident Lawyer Today

If you are looking for the highest level representation available for your personal injury case, turn to Chaikin, Sherman, Cammarata & Siegel, P.C. Our firm has helped clients recover more than $500 million in compensation, and we have more than 100 years of combined experience. All of our partners are recognized by Washington, D.C. Super Lawyers®, and our firm includes three past presidents of the Trial Lawyers Association of Metropolitan Washington, D.C.

We work to help our clients obtain fair settlement offers to compensate them for the injuries they’ve suffered, but our attorneys are extremely well-equipped to go to trial if needed. Call (202) 659-8600  or contact us online to get the proven legal representation you deserve.

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