Modesto Whiplash Injury Attorney
Whiplash Injury Attorney in Modesto, CA
Whiplash is caused by a sudden movement of the head, either backward, forward, or sideways. It occurs when the head moves beyond its normal range of motion, resulting in damage to the neck muscles, ligaments, and other soft tissues in the neck. However, whiplash is also one of the most difficult injuries to prove.
That is why if you’ve been the victim of an accident that has caused whiplash, you need an experienced Modesto personal injury lawyer on your side. At Setareh Law in Modesto, we understand how difficult this type of injury can be to prove, so we will work hard to ensure that you get the compensation you deserve. In this article, we will discuss some of the facts about whiplash and how to prove it in court.
Why is Whiplash Difficult to Prove?
Whiplash is a difficult injury to prove because its symptoms are often delayed and can be hard to spot. Directly after a soft-tissue injury, the body is flooded with chemicals that cause inflammation and swelling, but this process can take several hours or even days to develop. This means that it can be difficult to prove that the injury was caused by the accident and not something else.
In addition, whiplash often has no visible signs, even when examined through X-rays or MRI. While some cases may cause bruising or swelling, these signs may not show up until days after the accident. Furthermore, whiplash symptoms, such as neck pain, stiffness, and headaches, can be attributed to other conditions, such as stress or tension. The insurance company may try to argue that something else may have caused the symptoms.
Finally, there are no objective tests that can be used to diagnose whiplash. Doctors must rely on patient history and a physical exam to make a diagnosis. Because it is based on the subjectivity of medical experts, proving your case will require an experienced personal injury lawyer that can explain complex medical terminology in a way the judge and jury can easily understand.
How to Prove a Whiplash Claim
Whiplash is an extremely common injury after an accident, but it is also one of the most common ways that some people try to scam money from insurance companies. Because of this, insurance companies will do everything in their power to try to prove that the injury is not related to the accident. To prove that your whiplash is valid, you will need to provide evidence that links your injury to the accident. You must start building credibility by:
Gathering Evidence of the Scene of the Accident
Whether it was a car accident or a slip-and-fall accident, gathering as much evidence as possible at the scene is essential to proving whiplash in court. This could include taking photographs or videos of the scene, getting the contact information of any witnesses, and collecting any pieces of evidence that can be used to prove the cause of the accident.
Immediately Seeking Medical Attention
People often make the mistake that if they don’t feel any pain, they must not have any injuries. However, this is not always the case. As mentioned above, it can take days or weeks for symptoms to begin. The longer you wait to seek medical attention, the less seriously your claim will be taken and the more room the insurance company has to argue your injury was not due to the accident.
MRIs Can Help Rule Out Previous Injury
Even though whiplash doesn’t show up on MRI, receiving one will help rule out other causes of more severe injuries, such as traumatic brain injuries (TBI), herniated discs, or fractures. Not only does this help you receive the proper treatment for your injury, but it also helps build a stronger case for proving your injury is related to the accident and not from a previous event.
Maintaining Evidence of Medical Interventions
By keeping meticulous records of all the treatments you receive and medications you take, you can strengthen your claim that your injury is real and that you are taking the appropriate steps to treat it. This will also help you to recoup any medical expenses you have incurred.
How Much Compensation Can You Get for a Whiplash Claim?
Every case is unique, and each person’s experience with whiplash is different. The amount of compensation you can receive for your whiplash claim will depend on the severity of your injury, the extent of your financial losses, and the laws in California. An experienced personal injury lawyer can help you determine the amount of compensation you may be entitled to.
In California, the clock starts ticking the day you are injured, and you have up to two years to file a lawsuit. However, it is important to speak with a lawyer as soon as possible to ensure that your claim is filed in a timely manner. The longer you wait, the more difficult it may be to prove your case.
Seek Justice After Whiplash Injuries with the Help of a Modesto Whiplash Injury Lawyer
If you’ve been injured in an accident and are suffering from whiplash, it’s important to speak with a personal injury lawyer about your case. At Setareh Law, we have experienced lawyers who understand the intricacies of personal injury law and will work diligently to ensure you are fairly compensated for your injuries.
Setareh Law proudly serves Modesto, California, and surrounding areas. We are dedicated to providing our clients with personalized and compassionate legal assistance, with the highest level of service possible. Contact us online or call us at (310) 659-1826 today to schedule a consultation and start the process of getting your life back on track. Our lawyers also speak Spanish.