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Should I File A Claim Or Personal Injury Lawsuit For Whiplash?

Friday, June 28th, 2019
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Whiplash is a sensitive term because this type of injury is so common and difficult to deal with. Insurance agencies struggle because there are too many false claims of whiplash. Those who get this injury in car accidents face large medical bills. When another driver’s negligence causes you to get whiplash, you may have to involve an attorney as well. But how do you know if you should file a claim or lawsuit for whiplash? First, it is important to understand whiplash. Then, you can decide if a claim or lawsuit is necessary.

What is whiplash?

This injury affects the soft tissues of the neck and happens when your head is thrown backward and forward quickly. This injury usually happens when there is a hard impact like a car accident. Muscles, nerve roots, ligaments, joints, and discs can also be hurt. Symptoms of whiplash include neck pain, stiffness, dizziness, headaches, fatigue, and loss of motion.

Severe whiplash symptoms often happen to those who have previous neck and back injuries. These include:

  • Tinnitus
  • Jaw pain
  • Visual disturbances
  • Memory loss
  • Balance and coordination issues

Whiplash is considered a minor injury for most people, but it does cause a lot of pain. Treatments often include using a neck brace, multiple medications, physical therapy, and chiropractic care.

Why is whiplash so complicated?

The symptoms of whiplash are usually easy to spot, but not immediately after a car accident. It could take days to weeks after your accident to even feel pain in the affected area. Not only do you risk not finding the injury until later, filing a car accident claim for it may prove more difficult. This is because the injury is considered a nuisance. Whiplash is common and often heals on its own.

Knowing when to file a car accident claim or a lawsuit

If you were in a minor car accident, chances are that you will file a claim and move on with little trouble. But, a wreck that results in injuries should not be taken lightly. If you have suffered from whiplash due to someone else’s negligence, you should consider filing a claim. Even if you are not thinking of filling a personal injury lawsuit, it can still help to hire an attorney. They know how to deal with insurance companies to get you the most compensation.

Filing a personal injury lawsuit is a different story than dealing with a claim. This is because legal cases are usually only needed when claims have been denied or when the at-fault driver has no insurance. You can seek both medical and financial damages depending upon your state and unique situation. Hiring a car accident attorney will help you know what your best options are.

Tips for seeking compensation for a whiplash injury

There are steps that you can take to make your claim or lawsuit easier to deal with, including the following.

  1. Get medical attention as soon as possible after the accident. Although you may not feel hurt, whiplash can still be caught sooner. Don’t wait until you feel pain to see a doctor.
  2. Document your appointments, lost wages, and medical costs. This will be vital for a claim or lawsuit.
  3. Keep track of your symptoms, even if they are minor.
  4. File a claim as soon as possible. You should at least get the process started, even though you may not be aware of the full extent of your injuries or their costs.
  5. If you think you need to file a lawsuit, speak with a personal injury attorney first. Whiplash may not seem serious, but in many cases, working without a professional will not get you the most compensation.

Do you need a car accident attorney in Texas?

If you have been hurt in an accident caused by another driver, working with an attorney may be your best option for compensation. Attorney Dean Boyd and his Team are ready to help you handle the complications of car accident claims and lawsuits.

Call us at (806) 242-3333 or Send Us an Email to learn more about getting a free consultation and about our Services. We have locations at 4423 SW 45th Ave in Amarillo, Texas or 5012 50th St #103 in Lubbock, Texas.