The third step in understanding how to make a claim for whiplash injury is documenting all evidence. In this case, “evidence” can include any form of documentation, such as photos of the accident or your injuries, audio recordings, and all receipts or medical expenses associated with the crash.
While it's important to understand what you're getting into, it's always possible to handle your own personal injury claim without hiring an attorney.
Because whiplash symptoms look like the symptoms of many other medical conditions, you need a doctor’s diagnosis to know you have whiplash. Do not just diagnose yourself. If you do have whiplash, you’re looking ahead to some lengthy treatment options.
As the name suggests, whiplash is a neck injury that simulates the back and forth motion of a whip when it is cracked. It is marked by overextension when the head is thrown either backward or to the side, followed by forceful motion in the opposite direction.
In order to make a pain and suffering claim, you will need to send the insurance company a demand letter, which is a summary of your claim and damages. In your demand letter, you should discuss your pain and suffering damages, supported by relevant documents and evidence.
The purpose of this article is to help you maximize the effectiveness of your demand letter.Request Your Medical Records. ... Document Your injury. ... Establish the Extent of Property Damage. ... Document Your Expenses. ... Be Organized. ... Do Not Exaggerate and Do Not Be Greedy. ... Calculating "Pain and Suffering" ... Seek Professional Legal Advice.
California doesn't have a set formula for calculating pain and suffering. In order to recover damages for pain and suffering (including mental distress and other economic damages), the plaintiff must prove that they suffered this harm or are certain to suffer in the future as a result.
8 Auto Accident Settlement Negotiation TipsInitiate a Claim as Soon as Possible After an Auto Accident.Keep Accurate Records About the Accident.Calculate a Fair Settlement.Send a Detailed Demand Letter to the Insurance Company.Do Not Accept the First Offer.Emphasize the Points in Your Favor.Get Everything in Writing.More items...
Emphasize your pain, the length and difficulty of your recovery, the negative effects of your injuries on your daily life (such as "pain and suffering"), and any long-term or permanent injury—especially if it is disabling or disfiguring, such as permanent stiffness, soreness, or scarring.
In any letter of claim, the following should be included:Information about the Claimant. ... Information about the claim. ... Special damages. ... Road traffic accidents. ... Funding arrangements. ... Defendant's insurer. ... Rehabilitation. ... Documents.More items...
The multiplier for your auto accident settlement formula for minor injuries, such as sprains or whiplash is usually to multiply by 1½ to 3 times the amount of medical bills. The multiplier for more serious injuries, such as broken bones or herniated disks, is 3 to 5 times the amount of medical bills.
Emotional damages can be the mental repercussions of physical wounds such as a brain trauma that leads to forgetfulness, or insecurities caused by permanent scars, or physical reactions that stem from emotionally charged scenarios.
Emotional distress can often qualify for both special and general damages. Because of this, pain and suffering compensation usually amounts to 2 to 5 times the total costs of medical bills (therapies, medications, etc.) and lost wages from missed work. This amount can vary significantly on a case-by-case basis.
Insurance companies will seek to decrease or eliminate payments for injuries caused by an insured person's actions. After becoming injured, victims of accidents want nothing more than to move on from the traumatizing experience.
Let's look at how to best position your claim for success.Have a Settlement Amount in Mind. ... Do Not Jump at a First Offer. ... Get the Adjuster to Justify a Low Offer. ... Emphasize Emotional Points. ... Put the Settlement in Writing. ... More Information About Negotiating Your Personal Injury Claim.
Car insurance companies must offer you a proper payout for the value of your car or the cost of repairs. Don't accept the first offer given by the insurer over the phone - car insurance companies must offer you a proper payout for the value of your vehicle or the cost of repairs.
Lawyers and writers have often talked about a "multiplier" in personal injury cases, used by insurance companies to calculate pain and suffering as being worth some multiple of your special damages. But that is only true up to a point.
When losses ("damages" in legalese) are significant, the stakes increase for everyone—for you because you want fair compensation for your injuries, and for the defendant (usually an insurance company) because they don't want to pay a large amount to resolve the case.
And in cases where your injuries are relatively minor and the other side's fault is pretty clear, it may be more economical to negotiate your own personal injury settlement, rather than handing over one-third of your award to a lawyer (which is common practice under personal injury lawyer fee agreements ).
When To Consider Self-Representation. It's certainly possible to represent yourself in a personal injury claim after an accident come away with a satisfactory result. This is especially true if you have experience handling your own legal matters in the past, and you're able and willing to stand up for yourself and your case.
You Want a Fair Settlement, Not a Windfall. You may be reluctant to settle your claim, but there is risk in going to court. The jury may decide for the defendant and give you nothing. So a fair settlement amount should reflect this risk.
Remember, the insurance adjuster will probably low-ball you but then you can start to negotiate. It's okay if your demand is on the high side - this will give you room to negotiate later. Learn more about responding to a low personal injury settlement offer.
If your car accident happened in a no fault state, you should talk to your own insurance carrier that day . If you are in a state that allows for personal liability claims after a car accident, contact the at-fault driver’s insurance carrier. Tell them that you plan to file a claim or lawsuit.
If you think you may have any injury after a car accident, including whiplash, you should get to your doctor or ER immediately. Many soft tissue injuries, including whiplash, do not become obvious until well after the accident.
If you have injured your neck in a car accident, you may be able to file a whiplash lawsuit. Whiplash injuries can be very painful and filing a lawsuit could be your best way to get compensated.
Many whiplash claims end up in settlement rather than court, but there is no assurance this will happen. The insurance company may deny your whiplash claim or could offer you a very low settlement. In these cases, your best course of action could be to file a whiplash lawsuit.
There are steps that you can take to make your claim or lawsuit easier to deal with, including the following. 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.
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.
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.
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.
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.
Severe whiplash symptoms often happen to those who have previous neck and back injuries. These include: 1 Tinnitus 2 Jaw pain 3 Visual disturbances 4 Memory loss 5 Balance and coordination issues
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 ...
Medically, whiplash refers to an injury to your neck caused when your neck bends forward and backward in a sharp, jerky movement. Some external force causes your neck to move in this way.
Because whiplash is not an obvious injury, you may have a difficult time proving your claim initially. When you are involved in a car accident, file an insurance claim immediately, even if you just have a small pain. Whiplash can manifest itself even more than 24 hours after the accident.
Insurance companies tend to not believe all of their claimants. They won’t deny that you’ve been in a car accident, but they may claim your injury existed before the accident or that your injury isn’t as bad as you claim.
If you’ve suffered or are suffering from the effects of whiplash caused by someone else, make your whiplash claim with confidence. Gather your evidence and contact an attorney with expertise who can help you win your case and move on with life.
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.