Proving A Whiplash And The Help A Lawyer Can Offer
Whiplash usually happens during car accidents, however, recognizing or proving it is sometimes challenging. Several clients of personal injury attorneys experience different symptoms of whiplash but reach out to insurance agencies that can’t recognize the severity of these injuries.
Basically, proving a whiplash can be sometimes difficult as it can injure the neck in different ways. About 50 individuals can be diagnosed by the doctor for different cases of whiplash. This disparity is usually used by insurance agencies to fight against whiplash injury claims and even reduce its payout.
We will review the definition of whiplash and the difficulties associated with proving it in this post. We will also consider methods that can be used to prove it occurred and how a personal injury attorney can help you get fair compensation.
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Definition of whiplash and the difficulties associated with proving it.
You might have heard an individual call whiplash an injury they diagnosed but this definition is inaccurate. Whiplash is an event that occurs during an accident that resulted in different kinds of symptoms and injuries.
Whiplash can also be defined as a quick, repetitive and violent neck movement that is similar to a cracked whip. It usually has an impact on soft tissues, tendons, muscles but doesn’t usually fracture the bone.
This repetitive movement results in little tears on the tendons and muscles of the neck, thereby weakening the surrounding structures. Whiplash is known to cause sprains and strains on the neck as well as injuries on the back, arm, and shoulders.
Whiplash occurs mostly after car accidents. Occasionally, it occurs after a rear-end car accident but can also occur after other types of accidents.
Signs of whiplash accidents
Typically, injuries relating to whiplash become healed after a couple of weeks but some symptoms can last for a few months or even years of severe agony.
Symptoms of whiplash are:
- Muscle spasms
- Severe pain when moving
- Limited movement of the neck
- Stiffness and neck agony
- Soreness in the arms, back, and shoulders
- Tingling and numb feeling of the arm
- Headache below the skull
Whiplash can lead to extreme conditions that can cause a concussion, traumatic brain injury (TBI), and other injuries as a result of the brain movement within the skull. Other accompanying symptoms are:
- Ringing of the ear (tinnitus)
- Blurry vision
- Issues with memory and concentration
Irrespective of the symptoms you are experiencing, it is important to seek medical attention without delay after experiencing a car accident. Medical practitioners will lookout for symptoms of whiplash and document the treatment you received.
Difficulties associated with proving whiplash claims
Proving whiplash shouldn’t be that difficult and easily claimed considering its occurrence, right? The sad truth is that the insurance company might not be on board with your injury claim from whiplash. Most individuals usually experience the opposite.
Insurance agencies are usually aware of whiplash injuries and individuals might want to claim it after an auto accident. Insurance companies are also careful to avoid fraud which makes it difficult to prove. Meanwhile, you are experiencing severe pain from whiplash which is affecting your life.
Proving whiplash can be quite challenging for a couple of reasons. It might not appear in MRIs or X Rays since it is a soft tissue injury. These imaging types only reveal fractures which might be difficult for insurers to accept.
Also, whiplash can be severe after a while due to inflammation and swelling. These can occur a few weeks after the auto accident.
This is sufficient time for the insurance agency to discover the relevance of the pain with the auto accident or caused by something else such as an underlying illness or past injury.
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Methods of proving the occurrence of whiplash to an insurance agency
In order to receive fair compensation, you should demonstrate that the other individual was liable for the cause of your whiplash. This can muddle your claim assuming that more than one vehicle was associated with the mishap.
Each case is unique, and we absolutely can’t claim boldly that anybody will effectively prove to an insurance agency that their whiplash is from the accident. All things considered, you can make specific moves to boost your opportunities for reasonable pay for your wounds.
These elements might assist you with demonstrating that a particular episode caused your whiplash and related wounds:
- How rapidly you looked for medical treatment. As stated previously, you ought to quickly seek medical attention by a surgeon or specialist as quickly as time permits after the mishap. The record of this will uphold your case of whiplash during the mishap and subsequent worries about the wounds that could erupt.
- Paying attention to the physicians’ instructions: Be certain you adhere to the guidelines of your clinical experts. This shows that you thoughtfully approach your wounds and are doing all that you can to hold them back from deteriorating.
- Damage to your vehicle: There are times where the area and level of harm to your vehicle and other vehicles that caused the accident can show what actually occurred and support your case. For instance, assuming the destruction mostly occurred at the center of your back guard, it’s sensible to say that you would have encountered whiplash from a rear-end crash.
- Your clinical records and treatment plans: Particularly in a situation where these records start after the mishap, they’ll give insights concerning your wounds and their impact on your life. While your PCP’s records are extremely useful, keeping a personal record of the agony and pain you are experiencing is likewise useful.
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Similar to many personal injury claims, these elements can be easily modified, contorted, or utilized against you for your situation. Therefore, working with a professional personal injury lawyer that can interface with a clinical specialists and accidents Reconstructionists that are very good at investigating different situations would be in your best interest.