4 Mistakes That Could Reduce Your Whiplash Injury Claim

The most common way to get whiplash is when a person's car is struck from behind. Whiplash is the most common injury covered by car insurance. Injured individuals typically suffer pain and aching in the neck and back areas, radiating pain into the shoulder, and headaches. Whiplash symptoms can appear directly following an accident or may take weeks to notice. Doctors typically diagnose a whiplash injury by relying on the injured individuals medical history, neck exam, x-rays, and medical imaging.

There are four common mistakes made by the average person who has suffered whiplash as a result from a car accident. These four mistakes can significantly reduce the value of the whiplash claim.

1. Giving an Insurance Adjuster a Recorded Statement

Insurance investigators and adjusters are directed to obtain recorded statements as soon as possible following car accidents. Many of my clients have been called by the insurance agent and asked to provide a recorded statement before they even had left the hospital emergency room. Insurance adjusters are trained to take recorded statements in a way that reduces the amount they will have to pay on a claim. The best thing you can do is speak to an attorney before you give a recorded statement.

2. Not Immediately Seeking Medical Treatment After An Accident

If you have suffered a whiplash injury, you need to document your injuries. People often refuse transport at the scene because they are in shock or the rush of adrenaline prevents them from realizing the full extent of their pain. Then after a few days, they are in a lot of pain. The symptoms including pain usually begin to improve, leading the injury victim to refuse to go to the doctor. At about 2 - 3 weeks after the accident, the injured individual realizes the pain is not resolving on it's own. At this point, an insurance carrier will generally deny or greatly reduce any future claim payout because it is too difficult for the injured party to convince a jury that the accident caused the injury. If following an accident you are in pain, please see a doctor.

3. Not Properly Documenting Your Harms and Losses Due to the Accident

Injury victims are entitled to recover their medical bills, wage loss and pain and suffering. Damages should be recorded; however, most people do not know how to properly document their losses. Legal advise from an experienced whiplash neck injury lawyer can significantly increase the case value.

4. Not Hiring an Experienced Whiplash Lawyer

After an accident and diagnosis of a whiplash injury, you need to decide who will help you with your compensation claim. Be aware that, unlike personal injury lawyers who only charge the insurance company for the services, most "claim specialists" charge you fee for their service. You should read the small print of anyone who offers you help. It is important to retain an experienced whiplash neck injury attorney to assist you with recovering compensation for your injuries.