What do I need to prove to win my whiplash injury claim?

Car Accident Victim Holding Their Neck After a WreckWhiplash is a common injury caused in Norfolk and Virginia Beach car accidents. Unfortunately, victims often have a difficult time convincing the negligent driver’s insurance company of the seriousness of their injuries. If you suffered a whiplash injury and are filing an insurance claim, you need to know how to prove your case if you want to obtain the compensation you deserve for your injuries.

What Is Whiplash?

A whiplash injury can occur when a person’s neck is jerked back and forth in an auto collision. It is a soft tissue issue injury. You should be examined by a doctor if you experience any symptoms. Common ones include:

  • Pain and tightness in the neck
  • Limitations in the range of movement of the neck
  • Headaches at the back of the skull
  • Shoulder, upper back, or arm tenderness or pain
  • Arm numbness
  • Fatigue
  • Dizziness
  • Blurred vision
  • Difficulty sleeping
  • Memory and concentration problems

What Evidence Is Needed to Prove a Whiplash Injury?

Whiplash injury claims are often difficult to prove because the symptoms can take days or longer to develop. In addition, insurance adjusters often view whiplash as a temporary injury that will heal quickly. The reality is that it could take you months or longer to recover from a whiplash injury.

You need to collect strong evidence to prove your case. Types of evidence that can help you win your case include:

  • Documentation of accident cause. The police report, eyewitness statements, and photos taken right after the crash can help establish its cause. It can also be essential to show the speed of your vehicle, the point of impact, where you were sitting, how the headrest was positioned, and whether the airbags deployed.
  • Medical records. You need strong medical evidence proving that you sought prompt medical care and followed your doctor’s advice on the treatments you need for your injuries. It is crucial that your medical records not show gaps in your medical care or missed doctor or physical therapy appointments.
  • Medication records. You should save documentation of the medications you took to manage the pain caused by the whiplash.
  • Diagnostic tests. X-rays, CT scans, and MRIs may help show you suffered whiplash or a spinal injury.
  • Documentation of damages. You will need to prove the amount of compensation you are entitled to for your medical bills and lost wages. You should save all your medical bills, prescription receipts, and documentation of your lost wages, vacation and sick time, and other perks of your job.
  • Expert witnesses. You may need a medical expert to prove that the car crash caused your whiplash and the necessary medical treatments. If you suffered a long-term injury, you might also have to hire an economic expert to calculate your future damages.

Did you suffer whiplash in an auto collision that was not your fault in Virginia Beach or Norfolk? To schedule your free initial consultation with our experienced car accident lawyers, call our Norfolk office at 757-625-1214 or complete our convenient online form.