An Overview Of Whiplash Injury Claims

2007-03-08 10:33:40

( Legal )



Whiplash is an injury that is sustained by your head and neck when you become involved in a vehicular collision. A whiplash is caused with your head suddenly jerking backwards or sideways, while your body is forced into the opposite direction. A whiplash injury causes your neck to stretch or extend beyond its capacity, which injures your tissues, tendons, discs found on your spine and/or your nerves.

A variety of symptoms can be felt in relation to a whiplash injury. Some people experience nausea, headache, indigestion, swallowing and vision problems, severe pain, numbness, or a hot feeling in the head, neck, shoulders and arms. In severe situations, some experience memory lapses, insomnia, agitation and distress.

A whiplash injury claim can be obtained in two ways:

The injuring party’s insurance company can provide you with compensation; however, you can only submit a claim once. The amount of compensation will be paid in proportion to the amount specified on the injuring party’s insurance agreement. Once compensation is paid you will be required to sign an agreement stating that the insurance company is free from any future financial liabilities towards the incident.

A personal injury lawyer specializing in whiplash injury claims can also extend you some assistance. These lawyers should not be mistaken for a birth injury lawyer. Birth injury lawyers specialize in injuries sustained to the birth of a child. Using a whiplash injury lawyer will allow you to claim for two types of damages:

General damages can be paid to you for the actual pain and suffering experienced. Any psychological effects of the accident can also fall under this category. The amount that will be awarded to you will depend on past historical records in awarding damages, the medical records submitted to the court, the degree of your injury and your psychological well being.

Special damages may be awarded for any past and future wages, hospital and healthcare provider expenses and any damages sustained by your vehicle.

To maximize the chances of being awarded a high amount of compensation, it is important that you gather all the evidence related to your accident. You should see a doctor immediately after the incident in order to document your injuries.

Whiplash injury claims must be filed within a certain timeframe, which starts from the date the injury was sustained, or from the date the injury was first discovered.


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