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  3. FAQs
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  5. How to Make a Whiplash Injury Claim After a Car Accident
On This Page
  1. What Is Whiplash?
  2. How to Strengthen Your Whiplash Claim After a Car Accident
  3. What Compensation for Whiplash From a Car Accident Can You Recover?
  4. Economic Costs
  5. Waiting for Your Whiplash Injury Claim to Resolve
  6. Work With a Lawyer During Your Whiplash Claim

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How to Make a Whiplash Injury Claim After a Car Accident

A Raleigh personal injury lawyer can help you understand how to make a whiplash injury claim after a car accident.

Car accidents occur frequently in North Carolina and are often caused by other drivers’ reckless or careless behavior. Even minor collisions can result in injuries that impact your health and daily life.

Whiplash is a common injury from car accidents that can cause significant discomfort and long-term issues. If you’re unsure how to make a whiplash claim after a car accident, it’s important to understand your options. A Raleigh car accident lawyer can provide guidance on how to proceed with your claim.

Understanding the effects of whiplash and how to seek appropriate support can help you manage your recovery. Talking to a legal professional can help you address your needs and move forward with confidence.

What Is Whiplash?

Whiplash is a neck injury from sudden head movements in a car accident. About 800,000 people experience whiplash annually, which can harm neck muscles and tendons. In severe cases, it might also damage discs, ligaments, and vertebrae, leading to possible long-term nerve damage.

If you’ve been in an accident, it’s important to seek medical care to check for any injuries. Whiplash symptoms might not show up immediately; they can take hours or days to develop and may persist for months. Look out for:

  • Neck pain and stiffness that worsens with movement
  • Reduced range of motion in the neck, head, or arms
  • Frequent headaches, fatigue, or dizziness
  • Tingling or numbness in the hands
  • Discomfort in the shoulders, arms, and back

Delayed symptoms may include ringing in the ears, blurred vision, memory issues, sleep problems, and mood changes. If you suspect whiplash, consulting a Raleigh personal injury lawyer can help you understand your options for addressing the injury.

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How to Strengthen Your Whiplash Claim After a Car Accident

If you’re involved in a car accident in North Carolina, you can hold the responsible driver accountable for any injuries caused. Here are key steps to take:

  • Move your vehicle to a safe location if possible and remain there.
  • Contact local law enforcement or the North Carolina State Highway Patrol.
  • Gather the other driver’s contact details, driver’s license number, vehicle registration, insurance information, and policy number.
  • Seek medical attention immediately, even if your injuries seem minor.
  • Notify your insurance company as soon as you can to start your claim.

If another driver is at fault, you’ll need to reach out to their insurance provider. An adjuster will review your case and may ask for your account of the incident. 

Remember, insurance companies might aim to minimize or deny your claim. It’s wise to consult with our attorneys before speaking to an insurance adjuster or signing any documents.

What Compensation for Whiplash From a Car Accident Can You Recover?

To pursue whiplash claims and seek compensation, you’ll need to gather the following:

  • Medical documentation: Collect records from emergency rooms, hospitals, and doctors detailing your symptoms, test results, treatments, and follow-up care. Include any bills for medical services, prescriptions, and over-the-counter medications.
  • Doctor’s statements: Obtain detailed statements from your healthcare providers explaining your injury, the recommended treatment, and your recovery outlook. If there is permanent damage, your doctor should outline the ongoing care you might need.

These documents help establish the current and future costs of your whiplash injury. While mild to moderate cases might be valued between $2,500 and $10,000, severe cases could settle in the tens of thousands.

How Insurance Companies Determine Your Whiplash Settlement

When dealing with a whiplash claim, insurance companies assess two main types of damages:

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Economic Costs

These include medical expenses, lost wages, and insurance co-pays. These costs are straightforward to calculate, though disagreements can arise if the insurance adjuster believes certain expenses are too high or unnecessary.

Non-Economic Damages

This part covers pain and suffering, which is more subjective. While the intensity of pain varies from person to person, insurance companies use various methods to estimate these damages. They will review:

  • The duration of your recovery and any ongoing effects from the injury
  • The level of medical treatment needed
  • How your injury affects your daily life, including work and personal activities
  • Your credibility and the consistency of your claims

Understanding these factors can help you better anticipate how your whiplash settlement will be calculated.

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Waiting for Your Whiplash Injury Claim to Resolve

The process of resolving whiplash claims with insurance companies can be lengthy. During this period, it’s important to take steps that support your case. Make sure to attend all follow-up medical appointments and adhere to your doctor’s advice on treatments and activity restrictions.

Additionally, consider pausing your social media accounts while your claim is being processed. Posts, comments, and photos on platforms like Facebook and Twitter can be used by insurance companies to challenge your claim. 

For instance:

  • Insurance adjusters might use evidence from social media to argue that you were engaged in reckless behaviors, like speeding or texting while driving.
  • Images or videos of you participating in physical activities, such as yard work or exercising, may be used to question the severity of your injuries and whether you’re following medical advice.

Understanding how to claim for whiplash includes managing these aspects carefully to support your case.

Work With a Lawyer During Your Whiplash Claim

If you’ve suffered a whiplash injury from a car accident, seeking the right legal help is essential. Knowing how to make a whiplash injury claim after a car accident can be challenging, but a skilled lawyer can guide you through the process.

The Whitley Law Firm is available 24/7 to assist you. Their experienced team can help you understand your options and advocate for your rights, making sure you receive the support you need.

Don’t face this alone. Contact Whitley Law Firm today for a consultation and take the first step toward addressing your whiplash injury claim.

Learn about what makes us unique and why we are the right firm to help you.

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