Whiplash is one of the most common types of car accident injuries, but many victims are unsure how to go about filing a whiplash injury claim. Unfortunately, insurance companies often view these cases skeptically. To support your claim, you’ll need comprehensive evidence of your whiplash diagnosis, its connection to the collision, the other driver’s liability, and the extent of your losses.
At Hardison & Cochran, we have spent over 40 years navigating injury victims through the claims process. Our North Carolina car accident injury attorneys have gathered the following information to help you understand what whiplash is, the impacts it can have on your health, and how to go about seeking the compensation you need to recover from the whiplash injury.
Do You Have Whiplash?
According to research, traffic collisions across the United States lead to around 869,000 hospital visits for cervical spine injuries each year. The vast majority involved whiplash, with about 841,000 cases.
Whiplash involves neck strains and sprains that occur when a motorist’s head is jerked backward or forward by the impact of a collision. In addition to injuring the neck muscles and tendons, severe cases of whiplash may involve damage to discs, torn and ruptured ligaments, and fractures to the vertebrae that can result in permanent nerve damage.
Anytime you are involved in an accident, you should get medical attention to rule out potential injuries. The Mayo Clinic advises that whiplash symptoms often take days to appear, while the effects may last months after your accident. Symptoms of whiplash include:
- Pain and stiffness that increase with movement
- Loss of range of motion in the neck, head, or arms
- Frequent headaches, fatigue, or dizziness
- Tingling or numbness in the hands
- Pain and soreness in the shoulders, arms, and back
Our experienced attorneys explain more about what whiplash is and how it happens.
How to Build a Successful Whiplash Claim After a Crash
In North Carolina, drivers whose actions result in car crashes and injuries can be held legally liable for any harm they cause. However, North Carolina’s contributory negligence rules state that an injury victim cannot recover any compensation if their actions contributed to the crash at all. That means it’s vital to take smart steps to prepare for a whiplash injury claim from the start.
The North Carolina Department of Insurance (NCDOI) advises that, in the event of an accident, drivers should do the following:
- Pull your vehicle over to a safe place at or near the accident.
- Notify local law enforcement or the North Carolina State Highway Patrol.
- Get the other driver’s contact information, driver’s license number, and vehicle registration number, along with their insurer and policy number.
- Ask any eyewitnesses for their contact information.
- Get medical attention immediately, even if you suspect your injuries are minor.
- Notify your insurer as soon as possible to file a claim.
If another driver is responsible for the accident, you will need to contact their insurer. An insurance claim representative will be assigned to your case and will want you to make a statement giving your version of events. It is important to realize that insurance companies have a financial motive for undervaluing or denying your claim. Before making a statement to an insurance adjuster or signing any documents, including a medical records release or a settlement, you should speak with an experienced personal injury lawyer.
How to Determine What a Whiplash Injury Claim Is Worth in North Carolina
To get compensation through a whiplash personal injury claim, you will need to provide the following:
Medical records documenting your injuries: These may include emergency room, hospital, and doctor records outlining your symptoms, diagnostic testing results, medical treatment provided, and discharge instructions regarding follow-up care. You will want to collect any medical bills you have received, as well as receipts for prescription medications and over-the-counter medicine.- Statements from your doctor and other medical providers: In addition to your medical records, you will need detailed statements from your doctor outlining the nature of your injury, your recommended treatment, and your prognosis for recovery. If your whiplash injury has resulted in permanent damage, you will need your doctor to outline the types of care you will likely require in the future.
Medical records and statements from providers can be used to show the current costs associated with your whiplash injury and the care you have required, as well as any future costs you are likely to incur. The value of your car accident settlement will depend on factors such as the severity of your whiplash, any permanent limitations, the compensation sources available, and the strength of your evidence.
At Hardison & Cochran, our North Carolina car accident attorneys are experienced at negotiating with insurance companies. Our personal injury attorneys can help you determine the fair value of your claim and pursue a just settlement.
Waiting for Your Whiplash Injury Claim to Resolve
Whiplash injury claims and investigations by the insurance company can take time to resolve, and N.C.G.S. § 1-52 typically gives you three years to file a lawsuit. The actions you take during this time could have potentially negative effects on your case. It is important to keep follow-up appointments with your medical provider while following all recommendations regarding treatments and activity restrictions.
Our whiplash injury attorneys also suggest you temporarily suspend any social media accounts while your whiplash injury claim is being negotiated. Insurance companies often use comments, posts, and photos on social media, such as TikTok and X, as evidence to avoid paying compensation to injury victims. The ways in which social media activity may be used include:
- Using posts that prove you engage in reckless driving behaviors, such as speeding, drinking and driving, or texting while behind the wheel, to deny claims
- Using pictures and videos of you engaged in physical activity, such as doing yard work, exercising, or taking an active vacation, to cast doubt on the extent of injuries you suffered
- Using social media activity to show that you are not following the doctor’s recommendation to avoid strenuous activity and argue that you worsened your injuries
Contact the Whiplash Injury Lawyers at Hardison & Cochran for a Free Consultation
If you or someone you care about has sustained a whiplash injury in a car accident caused by another motorist, contact Hardison & Cochran today.
Our experienced North Carolina whiplash injury lawyers provide compassionate guidance to whiplash injury victims and professional legal representation. We serve clients in Raleigh, Fayetteville, Wilmington, and the surrounding North Carolina area. Call or contact us online today for a free consultation.
Leave a comment