Questions to Ask Your Lawyer About Whiplash

Written By Alla Levin
March 29, 2022

Questions to Ask Your Lawyer About Whiplash

Auto accidents frequently produce a variety of injuries, and among the most prevailing is whiplash. The condition happens as the victim’s head is jerked back and forth during the accident. Several factors define how severe the injuries are and how whiplash affects the injured party in the future. 

The symptoms of whiplash include neck pain with stiffness, restricted neck movement, loss of range of motion, severe headaches that start at the base of the skull, and tingling or numbness in the arms.

The individual could also experience fatigue, dizziness, and shoulder pain. More severe cases cause blurred vision, tinnitus, sleep disturbances, and irritability. By reviewing what to ask an attorney about whiplash, claimants can learn more about the accident case and the details required to support the allegations. 

Do You Need Medical Evidence of Injuries?

After a car accident, the accident should be reported to law enforcement officers, but any party that has injuries is strongly encouraged to visit a local emergency room. The doctor can perform tests such as bloodwork and x-rays to identify any conditions caused by an accident.

If the person doesn’t get a medical assessment after leaving the accident, some injuries could emerge a few days later. Whiplash is a common injury that doesn’t show symptoms at first for every victim. Auto accident victims dealing with whiplash get started on a legal claim by contacting an attorney now. 

Is Whiplash a Severe Injury?Is Whiplash a Severe Injury

The severity of whiplash varies among individuals, and the only way to learn more about the injuries is through medical care. The condition can be short- or long-term depending on the accident’s impact. The speed the vehicles were traveling at the time of the impact affects the hyperextension of the neck and whether the person hits their head on the headrest, the steering wheel, or other objects inside the car.

The injured party will visit a physician and chiropractor for an assessment and treatment, and the prognosis determines the severity of the injuries and how long the person needs to recover. 

Can Whiplash Increase the Monetary Award?

How whiplash affects the person’s life going forward can determine if there is an increase in the monetary award if the claimant wins. The short-term form of whiplash may last a month or two but doesn’t cause ongoing issues for the person. If the case is more serious, the injured party could suffer from persistent neck pain, headaches, and have a limited range of motion.

A chiropractor can assist by providing treatment, but the cost of the procedures increases according to the person’s needs. When reviewing the medical requirements, the doctor can provide projected costs for the victim’s medical expenses.  

What Are the Steps for Starting a Claim for Whiplash?

The claimant needs to contact an attorney and discuss the case, and the lawyer explains if the client has a viable car accident case. Next, the attorney collects medical records, invoices for medical costs, and estimates for auto repair costs. The lawyer will search for witnesses that saw the accident and start depositions to collect testimony.

The victim’s doctor can disclose information about the person’s injuries and prognosis to the legal representative. A copy of the auto accident report is another major piece of the case, and the attorney secures a copy for the claim.  

Questions to Ask the Lawyer about Whiplash: Can You Get Payments for Ongoing Medical Coverage?

The whiplash prognosis must be detrimental for the claimant to get ongoing payments through the court. The claimant must have clearly defined medical requirements from a doctor that explain why the person needs additional medical treatment that could last up to a year. The doctor must provide the total cost of the services and designate the entire duration in which the patient needs the medical care.  

Can You Get Lost Wages in an Accident Claim?

In an auto accident case, the injured party could recover wages lost during the recovery time. When submitting these demands in the legal claim, the worker must secure a financial statement that shows the exact amount the person lost during the work absence. If the individual wins the case for whiplash, the court calculates the total award, including the lost wages.  

Should You Talk to the At-Fault Driver’s Insurer?Should You Talk to the At-Fault Driver's Insurer

All attorneys advise clients to refrain from speaking to anyone connected to the defendant, including the at-fault driver’s attorney and insurer. If the claimant agrees to any settlement even on the phone, the defense can avoid going to court and force the injured party to accept a low-ball payment. 

The claim includes a total for the financial losses incurred by the plaintiff because of the accident. Itemized costs and economic damages include medical expenses, auto repair costs, ongoing medical care for whiplash or other injuries, and lost wages. If the injured party suffered intense pain, the court could provide additional damages for pain and suffering. However, the medical records must show the most severe form of whiplash.  

Questions to Ask the Lawyer about Whiplash: What Information Should You Never Tell the Defendant’s Attorney?

Among the first questions, the defendant’s attorney will try to ask the victim is how the person is doing or how they are feeling. The answers to the questions could be detrimental to the case and make the claimant look like they are making a false claim. The purpose is to get the person to say that the pain levels are low and the recovery has gone easily. 

Attorneys will tell the person to redirect any calls to the law firm. Most clients are advised not to answer the phone if the opposing party calls to increase the case.  

Whiplash is a painful condition that happens as a person’s head whips back and forth during a car accident. The situation is either short- or long-term depending on the accident’s impact, and some parties need ongoing care after the initial recovery. By speaking to an attorney about whiplash injuries, auto accident claimants can get answers about the case and determine what to do to present the topic to the court.  

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