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How to Demonstrate That You Have Whiplash
Even though whiplash is a frequent and serious injury in vehicle accidents, it may be difficult to establish or explain. Injuries resulting from whiplash are common in personal injury cases, but insurance companies are typically reluctant to acknowledge them (or their severity).
Truthfully, whiplash is tough to show since it is not a single neck injury. Each person's experience of whiplash is unique. A doctor may see up to 50 patients with whiplash at a time. Whiplash injury claims are often rejected by insurance companies because of this variance.
Whiplash may be difficult to verify, and this article will explain why. A personal injury lawyer can also help you get the compensation you deserve if you can prove that you had whiplash in a car accident.
Do You Know What Causes Whiplash, and How Do You Prove It?
If you've ever heard someone describe a person's injury as a whiplash diagnosis, you're not entirely correct. If you've been in an accident, such a vehicle crash or a sports injury, you could be suffering from whiplash.
Whiplash, in its simplest form, is a violent, quick back-and-forth motion of the neck like that of a cracked whip. Muscle and tendon injuries are more common than bone fractures in this kind of injury.
In the neck, the whipping action causes small rips in the muscles and tendons, which weakens the surrounding tissues. In the end, whiplash produces neck strains and sprains, but it may also cause injuries to the shoulders, arms, and back.
One of the most often reported ailments after an automobile accident is whiplash. It's most prevalent following a rear-end collision, but it may happen in other types of accidents as well.
Whiplash Injury Signs and Symptoms
When it comes to whiplash-related injuries, the recovery period is usually just a few weeks, but the discomfort might last for months or even years. Symptoms of whiplash include:
- Stiffness and discomfort in the neck
- The neck's range of motion is limited.
- Movement-induced aggravation of discomfort
- Spasms of muscles
- Anxiety-inducing pains, usually in the temples
- A feeling of tingling or numbness in the arm
- Shoulder, arm and back aches/tenderness
- Dizziness
- Fatigue
As a result of the brain being jostled within the skull, whiplash may cause a concussion or other traumatic brain injury (TBI). Symptoms to look out for include:
- Vision is blurry
- Ringing in the ears (tinnitus)
- Irritability
- Problems in recalling details and maintaining focus
- Problems with slumber
- Depression
After a car accident, regardless of your symptoms or lack thereof, you should seek immediate medical attention. Whiplash symptoms will be checked for and documented by medical specialists.
Why Is It So Difficult to Prove Whiplash?
Whiplash should be acknowledged since it is so frequent, right? There is no guarantee that the insurance company will accept your claim for whiplash damages. The contrary is true for a large number of individuals.
Insurance companies are well aware that whiplash is a prevalent injury after a vehicle accident and that wounded persons are likely to claim it. Insurers are on the lookout for fraud, so proving your injuries might be more challenging when this happens. In the meanwhile, the discomfort from whiplash is worsening and interfering with your daily activities.
It might be difficult to show whiplash because of other factors. X-rays and MRIs aren't usually able to detect a soft tissue damage. To rule out fractures, this kind of imaging should be used. However, since there is no obvious damage, the insurance company may take exception.
The damage might worsen with time, as well. When you get hurt, swelling and inflammation can take a long time to happen, so you might not start to feel bad for up to two weeks. There is ample time for the insurance company to wonder whether the discomfort is really caused by the accident or if it is due to anything else, such as a prior injury or underlying ailment.
How to Convince Your Insurance Company of Whiplash Injuries
To get the compensation you deserve, you must show that the other driver was to blame for inflicting the injury on you. Multi-vehicle accidents might make filing an insurance claim more difficult.
Every situation is unique, and we can't promise that anybody will be able to persuade an insurance company that they have had whiplash as a result of an accident. Even so, there are steps you can do to improve your chances of receiving a reasonable settlement for your damages.
Whiplash and associated injuries may be traced back to a particular event if you can demonstrate the following:
How fast did you seek medical attention: As we previously said, you should always seek immediate medical attention after an accident. An accident report will support your claim of whiplash and your fears that it might create long-term health problems.
Keeping to the doctor's instructions: Make sure you follow your doctor's directions. Taking your injuries seriously and doing all you can to prevent them from worsening is a sign that you care about them.
Damage to the vehicle: Location and extent of damage to other cars might provide clues as to what occurred and help your case. If the damage to your back bumper is right in the centre, it's likely that you've had whiplash as a result of a rear-end accident.
Treatment plans and medical records: Your injuries and how they're impacting your life will be documented in great detail if you keep good records from the time of the accident forward. Maintaining a daily log of your pain and suffering is just as important as keeping a doctor's records.
These aspects may be distorted, misconstrued, and utilized against you in your personal injury case, as they are in the majority of them. Working with an experienced personal injury attorney who has access to medical professionals and accident reconstructionists who know how to investigate on your side is in your best interest.
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