After a car accident occurs, one of the most common types of injuries that develop “after the fact” is whiplash. Unfortunately, this is also the most contested injury in personal injury cases. An insurance adjuster will try to make the claim that you are exaggerating, while defense attorneys will do everything they can to make it seem as though you are just trying to get your hands on “free money.”
The fact is, whiplash is an injury that is difficult to diagnose, which is why it is so often contested. While it may be difficult to diagnose through more traditional diagnostic scans, it is not completely impossible. As a result, if you have suffered a whiplash injury after a car accident, then you need an attorney who knows how to prove it.
What is Whiplash and How Does It Occur During a Car Accident?
Whiplash is an extremely common injury that occurs during a car accident. This happens when your neck and back are whipped back and forth violently. If the ligaments, tendons, and nerves in these areas exceed their normal range, then it can result in serious damage to the soft tissue. Injuries to soft tissues aren’t seen on MRIs or x-rays, but they can still be quite debilitating.
You may suffer from additional effects due to discomfort in this part of your body, such as insomnia, back pain, and headaches.
How Your Attorney Can Help Prove Whiplash After a Car Accident
While you may not be able to get an x-ray to prove the injury, there are several other ways that whiplash can be proven. Some of the ways your car accident attorney can help with this include:
- Testimony from your doctor: One of the most persuasive arguments for whiplash is by getting testimony from your doctor. They can outline the diagnostic process used and tell the court how they concluded that you have suffered from whiplash.
- History of prescription medications: When you suffer whiplash, you are going to feel pain, discomfort, and stiffness in your shoulders and neck. As a result, you are going to be prescribed pain relievers and muscle relaxers. Your prescription history can also serve as proof of your injury.
- Testimony from people who live with you: Your relatives will be able to testify as to how the injury has impacted or changed your life.
- The police report: While this is often considered “hearsay” in court, you can use the information regarding speeds being traveled to prove that whiplash was a likely outcome.
- Accident recreation that shows the victims: This will recreate the effects of the impact on each person in the vehicle that was hit.
When you hire an attorney, they will likely use a combination, if not all, of the methods above to help prove that you have a legitimate whiplash claim. Keep in mind, this is an injury that can cause long-term pain and discomfort, so you need to hire an attorney to help you get the compensation that you deserve.
If you need more help or information, be sure to contact our team of legal professionals at Dennis A Lopez & Associates by calling (813) 502-1836.