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(770) 889-6010

Whiplash Compensation Claim

Donald Singleton
May 13, 2021

Whiplash injuries are common in car accidents. Making a successful whiplash compensation claim can be difficult. A personal injury lawsuit may be necessary to get fair compensation for this painful type of injury. As a result, you need to hire an Atlanta whiplash attorney.

“Whiplash” is a common term for an injury and the subsequent medical fallout resulting from an abrupt back-and-forth flexion of the neck. It’s common in car accidents.

Chances are you have seen whiplash portrayed on TV, often involving a less-than-reputable Atlanta whiplash attorney fitting a client with the neck brace for a fake injury. The reality is that whiplash can be quite painful and disruptive. Hiring an Atlanta whiplash compensation claim attorney to help you file a lawsuit for a whiplash injury could be your best option in some circumstances. Whiplash Compensation Claim

Immediate Medical Treatment is Crucial to Proving Whiplash

Seek immediate medical treatment if you have been in a car accident. Don’t overlook even the slightest amount of discomfort or pain. Several conditions, such as back strain, whiplash, and other soft tissue injuries, don’t develop immediately after an accident. When presented with facts surrounding an accident, doctors will know to look for whiplash signs that a layperson may not notice. The first disclosure of your medical information must come from a doctor. In the best of circumstances, insurance adjusters look at whiplash compensation claims with suspicion. Don’t make statements about how you feel at the accident scene. Seek proper medical attention, and let the records tell the story.

File A Claim As Soon As Possible

Don’t delay starting the whiplash compensation claim process if you have a medically documented whiplash case. Notify the offending driver’s insurance company in writing your injuries and intend to file a claim if you live in a state that allows lawsuits for personal injuries after a car accident. Notify your insurance carrier if you live in a no-fault state. There’s no sense in “sandbagging.” Your whiplash injuries may get worse; they may get better. The sooner you notify the potential payee of your claim, the sooner they may reimburse you for your medical bills.

Document Your Medical Expenses

Ensure you document all the expenses you incur relating to your treatment, care, and rehabilitation if you intend to file a claim with an insurance carrier. These include economic damages such as medical bills, lost wages, mileage, insurance co-pays, and prescription costs. Any out-of-pocket expenditure could also be a reimbursable cost. For every dollar they payout, the insurance adjusters need proof of loss. They appreciate documentation for all expenses. You may find that compensation starts coming your way sooner rather than later if you keep complete records.

Whiplash can lead to health issues

Whiplash can lead to various health issues that may last for months or even years, making it difficult to work and earn a living and enjoy things you love to do in life. Medical treatment and physical therapy can be costly, adding more burden as you work towards recovery.

When another driver’s negligence causes an accident that leads to whiplash, you may want to recover compensation through a claim or personal injury lawsuit. It is crucial to support your whiplash compensation claim in Atlanta, GA, by following the following five steps if you want to have a better chance of getting compensation.

5 Steps To Have a Better Chance of Getting Compensation

1. Seek Immediate Medical Care

You should always seek medical attention immediately, even if you aren’t experiencing any signs or symptoms of whiplash. Sometimes, it takes hours or even days to experience whiplash symptoms, such as:

  • Arm, shoulder, or upper back pain;
  • Numbness through the arms;
  • Limited range of motion in the neck;
  • Pain when moving the neck;
  • Ringing in the ears;
  • Blurred vision;
  • Memory issues;
  • Irritability;
  • Depression;
  • Sleep disturbances.

Seek medical attention

The earlier you seek medical attention from a qualified professional, the faster your injuries will be treated. Immediate treatment could help prevent your injuries from worsening and possibly speed up recovery.

Seeking immediate medical attention is also essential to the success of your whiplash compensation claim. It’ll help to stop insurance companies, juries, and judges from suspecting your claim illegitimate or that a preexisting condition caused your brain injury.

2. Follow Your Treatment Plan

Once your doctor prescribes a treatment plan for you, always follow it strictly. This is crucial to help you recover quickly and minimize setbacks or other side effects.

By following the treatment plan accordingly, it will demonstrate to juries, attorneys, and insurance companies that you suffered a severe injury. Your chances of recovering compensation could end if you discontinue treatment, or the process of filing the claim could become much more contentious, possibly affecting the amount of compensation you get.

3. File an Insurance Claim Early Enough

After your injury, contact the at-fault driver’s insurance company and file a claim with them as soon as possible, so you don’t miss the set deadlines of the insurance company.

Stick to these best practices when filing a whiplash compensation claim in Atlanta, GA:

  • Stick to the facts – Give the insurer the facts only. Never give opinions or speculate. The exact date, time, and place of the accident are crucial. Don’t guess; provide the correct information. As you continue to receive medical treatment, you may also inform the insurance company. Don’t provide information regarding the severity of your injuries or the degree of pain you’re suffering. Maintain your chances of obtaining compensation, and so avoid discussing these kinds of things with the insurer because you could unintentionally hurt the claim.
  • Don’t admit fault – Don’t admit any fault in the crash. While holding fault doesn’t prevent you from getting compensation, the insurance company can use what you say against you. Let the claim process proceed, and the level of fault you hold in the accident, if any, will come out through the evidence.
  • Don’t undergo an independent medical examination – Reject any directions from the insurance asking you to see their physician. You don’t have to do so. This doctor is looking out for the insurance company’s best interests since he works for them. Their goal is to pay you less or nothing at all for your whiplash injury.

4. Collect Evidence

Collect evidence to support your injury claims, including:

  • Medical records from before the accident showing your health status;
  • Medical records from after the crash;
  • Documentation of expenses;
  • Test results.

5. Seek Legal Assistance

Building a strong case and negotiating with the insurers will require an experienced and reputable whiplash compensation claim Atlanta attorney to maximize compensation for your injuries. Further, an attorney can guide you in filing a personal injury lawsuit to recover damages if the insurance company doesn’t offer a fair settlement.

Conclusion

There’s no guarantee that the person who caused your accident will have insurance. Also, there’s no guarantee that the insurance adjuster will pay out on your claim. You may need to hire an Atlanta whiplash attorney from Singleton Law Firm, LLC to help you file a lawsuit to facilitate the collection of your compensations. Call us today at (770) 889-6010 or fill out our online contact form.

Donald Singleton

Donald Singleton

Author

A Georgia native, Don founded Singleton Law Firm in 1999 as a continuation of his lifetime commitment to serving his state and community. He has concentrated his trial practice to representing victims of serious injury and wrongful death arising out of trucking, car, bus and motorcycle accidents, premises liability and a wide variety of other causes.

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