If you are the victim of a rear-end collision, through no fault of your own, that has left you with severe whiplash, it is in your best interest to consult with an experienced personal injury lawyers as soon as possible. You may be able to obtain compensation for your injuries, but time is of the absolute essence when it comes to whiplash cases, so you must move fast. You must be able to prove that the other driver was at fault, and an experienced attorney can help you by conducting a complete investigation of the accident. Read on to learn more about the process of filing a whiplash injury claim with a professional personal injury attorney.
Seek Immediate Medical Attention
If you were not tended to by paramedics on the accident scene, and have no proof of your injuries other than your own opinion, it is imperative that you consult with a physician prior to meeting with a personal injury attorney. Whiplash injuries do not result in broken bones, but can cause torn tendons and muscle tissue. While these injuries may not be visible to the naked eye, your physician should be able to make a diagnosis based on your symptoms and with the assistance of magnetic reasoning image tests (MRI), that can detect soft tissue tears and strains.
After you have consulted with a physician, the next step in the process is to meet with a personal injury attorney for a consultation. During the consultation, you will want to provide the attorney with as much information as possible that can point to negligence of the individual who rear-ended your vehicle. In addition to your medical documentation, helpful information can include photos of your automobile following the collision, copies of police or paramedic reports. If there were witnesses to the accident who are willing to make statements on your behalf, it is important to provide the attorney with their contact information. The attorney will ask you a variety of questions pertaining to the accident and will go over your evidence. If they believe you have a valid claim, they will provide you with a legal retainer agreement and advise on the best course of action in proceeding with your claim.
While your medical evidence is the most important aspect when it comes to proving fault, additional evidence may be needed in order to solidify your case. Your attorney may consult with your physician, as well as the individuals who witnessed the accident. They may also travel to the accident scene in order to document road impact marks or median damage that resulted from the crash. Once your attorney has gathered up enough evidence, they will draw up a complaint to be served upon the defendant that details the events of the accident and requests a specific amount of damages on your behalf.
Out of Court Settlement or Court Trial
If the defendant admits to fault, or if their insurance company or attorney feels the evidence against their client is sufficient, it is possible that an out of court settlement will be offered before proceeding to a court trial. Your attorney will negotiate with the defendant's attorney in order to come up with a fair and reasonable settlement. If the defendant or their insurance company contests the claim, your attorney will advise you on the best course of action to take in terms of fighting your claim in court.
Whiplash claims can be difficult to prove, and proving fault is the most essential factor in winning your case. A professional injury attorney will do their best to prove your case and help you obtain the compensation you are entitled to.