What You Should Know About Filing A Whiplash Claim

Whiplash remain one of the most common injuries sustained in a car accident.
Woman Holding Her Sore Neck (1)
Madeleine Jones
August 10, 2020

Have you been involved in a car accident and are experiencing chronic neck pain after? Is this neck pain preventing you from going to work or doing daily tasks? You might not know but you might be experiencing whiplash. You might have grounds for filing a whiplash claim. 

Woman getting her sore neck realigned because of whiplash injury

Defining Whiplash In Car Accident Claims

Whiplash is a very common injury in car accidents, especially when rear-end collisions are involved. This type of injury happens when your head is jerked forward and backward violently resulting in neck strain. This violent motion can damage the neck tendons, muscles, and ligaments causing decreased mobility and severe pain.

Usually, the symptoms of whiplash appear right after the accident or within the days following it. These include:

  • Tightness, pain, and decreased range of motion
  • Pain when moving head from side to side and/or backward and forward
  • Stiffness when looking over each shoulder
  • Dizziness or blurred vision
  • Tenderness
  • Shoulder, back, or arm pain
  • Headaches at the base of the skull and toward the forehead

Often times, whiplash comes accompanied by a concussion. It is important to seek medical care even if you don’t think you suffered a whiplash injury. In many cases, whiplash can heal on its own by using ice packs and pain killers, but sometimes they end in long-term disabilities.

Whiplash Cases Treated Unfairly By Insurance Companies

Whiplash injuries have received a bad reputation with insurance companies because they are considered “fake” or “very exaggerated”. Insurance adjusters play them down even though whiplash can be a very painful and debilitating injury. This pain can last from months to years and can prevent the victim from working or doing other activities. In some cases, whiplash injuries need physical therapy and rehabilitation to completely heal. This type of treatment can be very expensive.

Everybody should be taken seriously by insurance companies and insurance adjusters. You deserve to be treated with fairness when you are suffering from whiplash. Unfortunately, insurance companies will resist to whiplash claims and will delay and even deny valid ones. That is why filing a whiplash claim can be the only way to force an insurance company to take a whiplash injury seriously.
By filing a whiplash personal injury claim after a car accident you may be entitled to receive compensation for damages like:

  • Past and future lost wages
  • Past and future medical expenses
  • Physical therapy and rehabilitation
  • Property damages
  • Out-of-pocket payments related to the accident, your injury, and your recovery
  • Permanent disability, scarring, and disfigurement
  • Pain and suffering

Filing a Whiplash Claim In Las Vegas

To be able to file a whiplash claim and get some compensation you will need to provide to your lawyer the following proof:

  • Medical records: Any proof of your injuries, like records from the emergency room, hospital, and doctor’s where they outline your symptoms, your diagnosis, what treatments were provided, and any follow-up care. Make sure you save any bills, receipts for prescription medications, and OTC medications. 
  • Doctor statements: on top of your medical records, you also need a detailed statement from your doctor where he described the nature of your injury, what you needed for treatment and prognosis. If you end up with permanent damage, you need your doctor to write down the type of care you will require in the future.
  • Official reports: You will also need an accident report filed by the Las Vegas Metropolitan Police Department and any video surveillance available for your accident. You will need receipts for auto repair bills too.

Remember, in Nevada, there is a two-year statute of limitations to file a personal injury claim. If after an accident, you suffered from whiplash you need to take action and gather proof and file a claim immediately. If you miss the statute of limitations you will lose your right to file a whiplash claim and pursue damages.

Do you want to learn more about the auto accident claim process? Add your email below and we will send you our guide free of charge. It includes useful tips on things to avoid when going through a personal injury claim and how you can give yourself the best chance of winning it.

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What You Should Do To Avoid Losing Your Whiplash Claim

When you file a whiplash claim there are investigations that take time to resolve, and everything you do during this time can greatly affect your case. Consequently, it is very important to attend to your follow-up appointments with your doctor and follow all of their recommendations for treatment.

Our expert personal injury attorneys at Cogburn Law will also suggest you stop using social media accounts. Don’t’ worry, this is only while you’re waiting for your claim to be negotiated. Any comments, posts, photos, or videos on social media, like Facebook or Instagram can be used by insurance companies to avoid giving you compensation. Some of the ways they can use social media are:

  • Using any pictures or videos of you doing reckless driving, like speeding, drinking and driving, or even texting to deny claims.
  • Using any pictures or videos of you working out, going on vacation, or doing yard work. This way they will cast doubt on the extent of your injuries.
  • Any photos or videos where you are not following the doctor’s recommendations to avoid physical activities.

Experienced Las Vegas Whiplash Injury Attorneys

Have you been involved in a car accident? Are you suffering from whiplash? You should contact one of our experienced personal injury lawyers. Cogburn Law is ready to help and guide you through this process. We will get you the compensation you deserve. Call (702) 748-7777 today for a free consultation.

I was hesitant about getting a lawyer for many reasons, however the entire staff at Cogburn reassured me that everything would be okay. They were always very attentive and provided detailed answers to any questions I had. I would like to thank the entire staff for all of your hard work, making sure that my daughters and I were compensated for the car accident, and making sure we received all the necessary treatment. You were awesome. If you need an attorney that won’t look at you as just another case, that’ll return your calls/emails I definitely recommend this team.

Kaleighna P.