Recovering Damages for Whiplash

April 13, 2021

Whiplash is one of the most common types of injuries that occur in a vehicle accident. However, just because this type of injury is common does not mean that it should be taken any less seriously than other injuries. Unfortunately, it is not uncommon for whiplash to lead to significant expenses for victims, particularly if they cannot work or have to adjust their daily activities while they recover. Here, we want to discuss the process of recovering damages after sustaining whiplash in a vehicle accident in West Virginia.

What is Whiplash?

Whiplash injuries to the neck and lower back can occur anytime there is a forceful, rapid back and forth movement of the upper body and neck. We most commonly see whiplash caused by rear-end car accidents, but these injuries can result from any other type of vehicle collision or even other types of injuries, including sports injuries, falls, physical abuse, etc.

The rapid back and forth motion of the neck and upper back can strain the spine, muscles, ligaments, and nerves in these areas, leading to extensive pain and suffering for the victim.

Is Compensation Available for Whiplash After an Accident?

In most cases, vehicle accident victims are able to recover compensation for their injuries. There is no specific guideline for how much compensation is available for whiplash, as the total amount of payment will vary depending on the facts and circumstances surrounding each particular situation. Some of the factors that need to be taken into account in these situations include the following:

  • The total medical bills related to the whiplash
  • Lost income if a victim cannot work while they recover from their whiplash injury
  • Any household out-of-pocket expenses a victim incurs
  • In some cases, a settlement of a few thousand dollars may be sufficient to cover all of these costs. However, for more severe whiplash cases, it is not uncommon for settlements to reach into
  • the tens of thousands of dollars.

Proving Whiplash

In order for a person to recover compensation for whiplash after a car accident in West Virginia, they will have to prove two things:

  • That another party caused the incident
  • That they actually sustained whiplash injuries

It is absolutely crucial for any vehicle accident victim to seek medical care as soon as possible following a vehicle accident. Unfortunately, signs and symptoms of whiplash often do not occur until hours or days after a crash happens. This can lead to injury victims refusing to seek medical care soon after a collision occurs. When insurance carriers see that a person put off seeking medical care, they could use this as evidence that the injury did not occur. We strongly recommend that any car accident victim goes to the doctor right after the incident in order to establish a timeline of events. A doctor can conduct a full evaluation and help determine whether or not there are any injuries.

In order to prove who caused the vehicle accident, whiplash injury victims should work with a skilled Martinsburg car accident lawyer as soon as possible. An attorney can get involved and use their resources to obtain all evidence needed to prove liability.

An attorney will also ensure that their client is evaluated by a trusted medical professional who can fully evaluate their client’s whiplash injuries and help provide an estimate for total expected medical costs. Using this information, an attorney will gather proof of any other lost income or expenses and negotiate with insurance carriers in order to recover compensation.

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