Have you ever watched the movie Whiplash? While it may be an engaging cinematic experience, experiencing an actual whiplash injury is far from enjoyable. Whiplash injuries can be painful and debilitating, but they can also lead to substantial compensation if handled correctly.
Whiplash injuries typically occur when the head is forcefully and suddenly moved backward and then forward, and commonly occur in car accidents. The severity of these injuries can vary significantly, as can the potential compensation.
Who is At Fault in The Car Accident?
If the car accident was the fault of the other driver and your injuries are severe, your injury claim could potentially yield a substantial settlement. Even mild injuries could lead to a car accident injury settlement of at least $5,000 in most cases if some medical treatment was received.
However, it’s important to be aware that whiplash injuries may not immediately present themselves. Often, it’s not until a day or two following the accident that the full extent of the injury becomes clear.
For a successful claim, you’ll need to demonstrate that the other driver was negligent or reckless, meaning they were at least careless in some way. This could include texting while driving, speeding, or driving under the influence.
Will Insurance Companies Consider The Amount Of Property Damage?
Insurance companies will also consider the amount of property damage done to the vehicles involved when valuing the injury claim. More substantial property damage could potentially lead to a larger settlement offer.
Medical evidence, such as the diagnostics revealed in an MRI, is crucial in a whiplash case. If an MRI reveals a bulging or herniated disc, the insurance company will likely value your claim higher than a soft tissue injury case.
The extent of medical treatment you receive for your whiplash injury will also impact the value of your case. Injuries requiring surgery may lead to significantly larger settlements, potentially into the millions, if sufficient insurance coverage is available.
It’s also important to note that individuals with pre-existing neck problems are more prone to suffer significant injuries due to whiplash, possibly requiring surgery.
A key strategy in whiplash cases, especially those involving a bulging disc or more severe injuries, is to send a written demand for the policy limits to the insurance company. This forces the company to either deny liability, make a specific offer, or offer the policy limits.
Underinsured Coverage For A Whiplash Injury
Remember to also consider any underinsured motorist coverage you may have if the at-fault driver doesn’t have enough insurance to cover your damages. If you have this type of insurance, be sure to consult with an injury lawyer to ensure your claim is properly preserved. In hit-and-run accidents or accidents with an uninsured driver, you may be able to pursue a claim against your own uninsured motorist coverage, if you have this type of insurance.
Speak With a Lousiville Car Accident Whiplash Injury Attorney
While whiplash injuries can be distressing and life-altering, with the right steps, substantial compensation may be available. If you’re in Kentucky and have suffered a whiplash injury, remember to consult with a knowledgeable personal injury lawyer to ensure your rights are protected and you receive the compensation you deserve.
