More than 2 million people suffer from whiplash in the United States each year. If you’ve been in an accident and been inflicted with a whiplash injury, you may be wondering if you’re entitled to whiplash injury compensation.
In this article, you’ll learn all about whiplash and whether you may be eligible to make a claim.
What is Whiplash?
If you’ve been in a situation and your head and neck were suddenly thrust backward and forward, you may have whiplash. This movement puts your cervical spine through extreme stresses due to the lightning-quick motions.
This force tears and stretches the tendons and muscles in your neck. Most of the time, you’ll recover within a few months. However, this will depend on your treatments which include exercise and pain medication, along with the severity of your whiplash. Some people experience ongoing complications and chronic neck pain.
Symptoms of whiplash include:
- Pain when moving your head forward and backward or from side to side
- Stiffness or pain when attempting to look over your shoulders
- Headaches at the base of your skull, radiating towards your forehead
- Numbness or tingling in your arms
- Loss of your neck’s range of motion
- Pain or tenderness in your arms, upper back, or shoulder
- Blurred vision
- Sleep disturbances
- Memory problems
- Difficulty concentrating
It’s important that you see a doctor as soon as you experience any whiplash symptoms or neck pain following a sports injury, car accident, or any other traumatic injury. That way, you can get an accurate and prompt diagnosis and rule out any other tissue damage or fractures that could also be contributing to your symptoms.
Do You Have Whiplash?
If you’ve been in an accident, you’ll need to file a police report. You also need to speak with anyone who witnessed the accident and exchange your insurance information with anyone else involved.
With whiplash, it’s not unusual to be pain-free immediately after the accident. Whiplash pain can take a few days to appear, which is why it’s a good idea to wait to settle the accident.
Even if you think you’re OK, be sure to visit the doctor as soon as you can after an accident. Get copies of the doctor’s records and observations, and keep all receipts.
If you’re diagnosed with whiplash, you’ll need to follow your doctor’s orders. Not only will this ensure that you heal as quickly as possible, but it will help when it’s time to claim for whiplash injury compensation.
Now is also the time to consider whether you need a lawyer. If you do use a lawyer, they can ensure that all steps are followed correctly and you receive any compensation you may be entitled to.
Your San Diego Injury Lawyer will also handle any contact necessary between any other parties’ insurers. And if you’re planning to file a personal injury lawsuit against the person responsible for your accident, it’s definitely a good idea to get legal representation.
Getting Whiplash Injury Compensation
Considering your neck is a relatively small body part, whiplash can be a painful and expensive injury. One of the most important aspects of making a claim? Doing it in a timely manner.
While your symptoms may take a little while to show, if the accident did happen months ago and you say you’ve been “living with the pain,” you may find that your insurer argues that the injury isn’t severe. This could mean that they provide you with less compensation or completely deny your claim.
Here are some things to consider when you’re looking for whiplash injury compensation:
If you’re making a claim through your insurance company, the company will use witness testimonies and crash diagrams to determine who is legally liable. If you were hit from behind, it’s likely that the driver who hit you will be found to be at fault. But the issue of legal liability can sometimes be difficult to determine.
Insurance companies will also look at how soon you sought treatment after the accident and to what extent that treatment was provided. If you were just taken to the emergency room immediately after your accident and didn’t have any other treatment.
If, however, you ended up having many physical therapy visits on the advice of a doctor, this will impact how much compensation you receive as it shows your injury needed more intense treatment.
Generally, the more severe your whiplash is, the more likely you are to receive compensation and the higher that compensation is likely to be. It’s important that you document both your whiplash injury and any other injuries you receive.
If your whiplash takes a long time to heal, it will be considered more severe and therefore more likely to receive compensation.
Whiplash can sometimes cause permanent damage. For that reason, even while your insurance company is handling your claim, you may need to look into disability and seek damages from the other party.
When it comes to whiplash injury compensation, insurance companies want to know how your daily life has been impacted by the accident. If you’re going about your normal job and day-to-day activities, you’ll receive less compensation than someone who has had their daily life massively impacted.
When you’re making a whiplash injury compensation claim, you can expect to speak to insurers multiple times. Your medical records will be requested, and if you had a car accident, an adjuster will want to see your car.
It’s important that you document everything if you think you may have whiplash. Keep track of any income you’ve lost, work you’ve missed, and receipts from medical appointments. Write a daily journal tracking drug usage, doctor visits, treatment, and pain.
Seeking whiplash injury compensation can be difficult as whiplash is a soft tissue injury, and unlike a broken bone, can’t be seen on an x-ray. For this reason, it’s worth talking to an experienced attorney. Get in touch today to learn how we can help.
Every year, 2.35 million people in the United States are injured or disabled in car accidents.
Unfortunately, not all of these people end up getting the compensation they deserve for the cost of their injuries. One reason for this is that, for many injuries, including whiplash, symptoms don’t show up right away.
By the time people realize they’ve been injured, they often feel like it’s too late to try and seek compensation.
If you’ve just started experiencing whiplash symptoms after a car accident, keep reading. We’re taking you through everything you should do to make sure your treatment is paid for.
What is Whiplash?
First things first, let’s go over what whiplash even is.
Whiplash is a common injury that occurs when your neck muscles are strained from a rapid backward and forward movement.
This sudden movement, which often happens after you’ve been rear-ended, often stretches and tears the tendons and ligaments in the neck.
Common Whiplash Symptoms
Whiplash symptoms often present themselves within 24 hours. However, sometimes they take a few days to show up.
The following are some of the most common symptoms:
- Pain and stiffness in the neck
- Headaches at the base of your skull
- Blurred vision
Some other, less common (but still serious) whiplash symptoms include:
- Difficulty concentrating or remembering
- Ringing in the ears
- Difficulty falling or staying asleep
- Chronic neck or shoulder pain
In rare cases, people with whiplash will notice their pain or numbness in their arms. They may also find moving their head to be painful. In these instances, immediate medical care is necessary.
A doctor will diagnose whiplash by first asking some questions about your injury and the pain or other symptoms you’re experiencing.
They’ll likely do a physical exam as well to check your range of motion. X-rays, CT scans, and MRIs may also be used to help your doctor identify signs of whiplash. He or she will also use these tests to look for additional damage or inflammation.
Most people see their whiplash symptoms improve within a few weeks or months.
Occasionally, though, people with whiplash go on to experience chronic pain or headaches for years after their accident.
Whiplash Injury Claims
After you start experiencing whiplash symptoms, it can be difficult to get the compensation you need for your medical treatment.
These tips will help you get the help you deserve.
Seek Medical Treatment ASAP
As soon as you notice even the tiniest twinge of pain or discomfort make an appointment with your doctor. The sooner you get in for an examination, the sooner you’ll have evidence to support your claim.
Insurance adjusters are often suspicious of whiplash claims, especially since they don’t always come up immediately after an accident. However, if you have records from a physician proving you’ve been injured, you’re more likely to be successful.
Don’t Wait to File a Claim
Once your doctor has confirmed your injury, you need to start the claim process. Notify your insurance provider if you live in a no-fault state, or the provider of the at-fault driver’s insurance if your state allows lawsuits for personal injuries after an accident.
Make sure you notify the insurance company in writing of your injuries and your plan to file a claim.
The sooner you take these steps, the sooner you’re likely to be reimbursed for your medical expenses.
Document Your Expenses
Be sure to document all the money you spend along the way. Some expenses you’ll need to track include:
- Mileage to and from appointments
- Lost wages
- Medical bills
- Prescription costs
- Insurance co-pays
- Any other out-of-pocket costs related to your injury
Insurance adjusters will appreciate your thoroughness, and proper documentation can help speed up the reimbursement process.
Prepare for the Possibility of a Lawsuit
Sometimes, a lawsuit is necessary to get the money you’re owed. Maybe the at-fault driver doesn’t have insurance. Or, maybe the insurance adjuster decides not to pay out your claim.
If either of these situations occurs, your next step will be to file a personal injury lawsuit.
Contact a local car accident lawyer as soon as possible for advice on how to proceed.
Choosing the Right Car Accident Lawyer
There are lots of lawyers out there, but they’re not all equally equipped to help you get reimbursed for the expenses related to your injury.
In order to get what you’re owed, it’s important to work with a qualified, experienced lawyer. Keep these tips in mind when making your decision.
Ask About Their Experience
First things first, find out which types of injuries each candidate has the most experience with.
Some lawyers work exclusively with car accident victims. Others focus on work-related accidents or slip-and-fall injuries.
Meet Before Making a Decision
Try to sit down in person with the lawyer you’re thinking about hiring before you make a final decision. You’ll be able to get a better idea of their temperament and whether or not you’re comfortable working with them.
If you can’t meet in person, at least try to speak to them on the phone.
Ask the Right Questions
During your meeting, be sure to ask the following questions. They’ll help you decide if a particular lawyer is right for your case:
- Where did you go to law school and when did you graduate?
- How long have you been practicing?
- What kinds of cases do you typically represent?
- How many cases have you handled that are similar to mine?
- What is your assessment of my case?
- What kind of settlement can I expect?
- Is a trial likely?
- How long do you think it’ll take to wrap up my case?
- What is the estimated cost of my case?
- Do I have to pay if we don’t get a settlement?
- Will you personally handle my case?
It might feel strange asking all these questions up front. But, remember that you’re hiring this person to represent you, and you have a right to answers before making a decision.
Find a Lawyer Today
If you’re struggling to find a lawyer near you, Halt Lawyer Directory is here to help.
It’s never been easier to find and compare local lawyers.
Simply type your location and the type of lawyer you’re looking for into our search tool to find all the options in your area.
Have additional questions or concerns? Feel free to send us a message today!
Let’s face it, many of us adults made some pretty silly mistakes in our youth before our brains were fully developed that we would give anything to take back. There are also those of us who made errors in judgment or were involved in complicated situations that resulted in some run-ins with the law.
Most felons are not bad people. They are people who made some mistakes or were even mistreated by the justice system. Having the right to bear arms is one of our fundamental constitutional rights as Americans. It is the substance from which this great Nation was born; freedom of speech, freedom of religion and the right to bear arms.
Yet, for felons, that right has been rescinded. So what are you supposed to do if you were an avid hunter before your incident and you just have to get that eight point during deer season or that turkey for your families’ Thanksgiving feast?
Well, in the state of Minnesota, you have some options. Regaining gun rights is a complex area of law which involves both state and federal statutes but it can be done. It is always best to consult an attorney regarding the restoration of your gun rights as you may have been misled by whoever told you that your gun rights were taken away. Many attorneys have free consultations and can point you in the right direction.
According to Minnesota state law, gun rights may be restored to a felon “automatically” if the crime that caused them to have felony status was non-violent. But do not be disillusioned; there is little that is automatic about this process.
As with most legalities; the restoration of a felons gun rights in Minnesota generally starts with a petition. This is where having a good Criminal Defense Attorney Comes in handy.
Under §609.165 subd. 1d RESTORATION OF CIVIL RIGHTS; POSSESSION OF FIREARMS AND AMMUNITION; Judicial restoration of ability to possess firearms and ammunition by felon.
“A person prohibited by state law from shipping, transporting, possessing, or receiving a firearm or ammunition because of a conviction or a delinquency adjudication for committing a crime of violence may petition a court to restore the person’s ability to possess, receive, ship, or transport firearms and otherwise deal with firearms and ammunition.
The court may grant the relief sought if the person shows good cause to do so and the person has been released from physical confinement.
If a petition is denied, the person may not file another petition until three years have elapsed without the permission of the court.”
In layman’s terms; you must have a non-violent felony, show proof of release from physical confinement and “good cause” for restoration of your gun rights.
So, what exactly is “good cause”? Minnesota courts have not provided a definitive example of “good cause”. However, many felons have had their rights restored with the court based on any of the following:
- needing a firearm for employment purposes
- because there is no reason to believe that you cannot be trusted to own a firearm
- needing a firearm for hunting
It is imperative to have a few character witnesses and it helps if those witnesses have good credentials, (such as a doctor or attorney). Often times it is a good idea to get a mental health evaluation and ask the person performing it to give you a written statement as to their opinion on whether or not you should be able to have a firearm at such time of the evaluation? However; this is entirely up to the evaluator as to whether or not they feel comfortable doing this for you.
Your character statements and explanations should be attached to the petition that you are submitting to the court of your local township, city or village. Your local court clerk can help you procure the paperwork that the specific court requires.
The firearm rights restoration process in Minnesota can take from seven to eight months, depending on your particular circumstances, the court’s workload at the time of your petition, and whether there are any objections from the government.
The court may set a hearing date if your petition has not been denied. You will get a letter in the mail several weeks before the date. If you have an attorney; you may not be required to attend but always double check with your attorney.
Be meticulous, have patience and hire a great gun rights attorney. If you are denied from the first petition; you may not reapply for three years so choose wisely as to whether you want to tackle this yourself or pay a professional.
Every year, about 41 million Americans earn themselves a speeding ticket.
Keep in mind, speeding is not the only traffic violation. If you run a red light, drive without a valid license, hit the road when impaired, drive a vehicle with burned-out headlights or fail to yield, you’ll be guilty of a traffic violation.
While some violations are less serious and fairly straightforward to resolve, others – like DUI and hit and run – are serious and can get you behind bars.
If you’re being charged with a traffic violation, it can be tempting to fight the charge alone. Don’t.
Here is why you should hire a traffic violation lawyer.
1. You Don’t Understand Traffic Law
Sure, traffic laws aren’t the most complicated, but that doesn’t mean just about anyone can understand them.
If you’ve violated a traffic law, now is not the time to start researching the specific law and the potential consequences. You’ll be too distraught to understand anything.
On the other hand, hiring a traffic lawyer gets you a competent professional with an in-depth understanding of federal laws and state and local traffic codes. The lawyer has probably spent several years defending clients in traffic courts, so you’ll feel confident having them on your side.
They will evaluate the case brought against you, identify weakness and aggressively fight the ticket on your behalf.
Can you imagine cross-examining a police officer by yourself in a traffic court? No way! A traffic violation lawyer has the skills to question the officer with the aim of raising reasonable doubt as to your guilt.
2. Dismiss/Lower Ticket Penalties
Did you know Americans pay north of $6 billion worth of speeding tickets annually?
This is a huge amount. It means when you get a traffic ticket, you’ll certainly have to pay a fine.
If you’re a first or second-time offender, it usually seems easier to settle the fine and move on with your life. But here is the thing, some tickets are wrongly issued, and others can quickly add up. A $500 speeding ticket, for instance, can hurt your bank account.
For those reasons, the best thing to do is to hire a traffic violation lawyer. He or she can contest the penalty, or explain your circumstances in a traffic court and get the judge to lower your penalty or even dismiss it entirely.
Obviously, getting a lower fine is good for the wallet, but there is more to it. When a penalty is dismissed, you typically won’t accumulate points on your driving license. The outcome is your DL won’t be suspended.
3. Gathering Evidence Information
You’re very certain you didn’t skip a red light, but here you’re slapped with a red light ticket.
Who is right? Who is wrong? The only way to establish the truth is to contest the ticket.
If your state or local authority has installed traffic cameras along the road you were on, it’s possible to collect the footage or incident reports.
The problem is, as a regular person, you might even not be aware that you can get video footage. And if you are aware, bypassing the typical bureaucracy of public offices can prove challenging.
The best thing you can do in such a situation is to hire a traffic violation lawyers.
These professionals know their way around bureaucratic government offices and can easily gain access to the video footage. Needless to say, if the footage proves you didn’t run a red light, the lawyer will ensure the ticket is dismissed.
You can even instruct the lawyer to sue the traffic officer for writing a false ticket.
4. Get Alternative Discipline
The vast majority of traffic offenders are usually guilty as charged.
Although hiring a lawyer enhances your chances of getting a reduced penalty, this is not always the case. If the prosecutor has substantial evidence against you, there is little a lawyer can do.
However, depending on your record, a competent lawyer can be able to negotiate an alternative discipline.
A common alternative to a fine or suspended license is attending driving or traffic school! Well, going back to school is not an interesting prospect, but would you rather lose your license or pay costly fines?
5. Save Money
One of the primary reasons traffic violators don’t hire lawyers is cost. They often wrongly assume it’s cheaper to settle a fine or serve a probationary period than hire an attorney.
It’s true, routine violations don’t need a lawyer, especially if you’re a first-time offender. But when you’ve committed a serious offense, you shouldn’t fight the charge alone in a bid to save money. You could actually end up spending even more money.
If you lose the case, for instance, the violation will show up on your driving record. The more points you have on your record, the higher the premiums you’ll pay for auto insurance.
A lawyer can ensure the violation isn’t added to your driving record, thereby preventing you from higher insurance premiums.
Beyond saving money, you’ll also save time. For a small fee, a traffic violation lawyer will handle all the paperwork on your behalf, and represent you in a traffic court where necessary.
Hiring a Traffic Violation Lawyer Is the Right Step
As a law-abiding citizen, it’s never your intention to violate a traffic law. However, sometimes circumstances beyond our control lead us into legal trouble.
If you’re facing a traffic ticket or charge, you could be tempted to contest or fight it on your own, but as we’ve demonstrated, it’s not a risk worth taking. Hiring a traffic violation lawyer gives you the best chance of getting the ticket penalty reduced or dismissed.
Don’t waste any more time. Find a lawyer today.
Hitting a bicyclist with your car can be terrifying for a driver — and deadly for the rider. It is essential that you react quickly if an accident does occur, and keep everyone’s safety in mind.
If you have hit someone who is riding a bicycle, you need to first stop and attend to the possibly injured rider. Make sure that 911 is called and that medical help is given in anyway possible. Make sure everyone is out of the road, as well. Enlist help from passersby to make sure everyone is ok. Of course, if you are injured, make sure to seek out medical attention.
Leaving the scene before emergency medical services or other first responders arrive is not an option and police will be required to fill out the official report.
Always provide as much information as possible to the police and make sure to get the investigating officer’s name and any reference number associated with your case. You will need this to follow up and to talk with the insurance company later on.
Brain injury accidents are not only frightening but can be costly. Obviously your first a foremost responsibility is to make sure you do everything you can to help the injured victim. Then whether you think the person will press legal charges against you or not, you will need a good car accident lawyer to help you.
While it may seem obvious that the driver of the car should be at fault, such cases are not always that cut and dry. According to Veloinsurance, a bicyclist who veers into traffic, does not follow the rules of the road, is distracted by a cellphone, fails to yield the right of way, or does not have proper lighting or other required safety equipment (such as a helmet), could be found at fault for an accident.
Take pictures of the accident for your own benefit. Others may take photos as well, but it is important for you to have your own copy for your own version of events.
Drivers must always take reasonable care, especially when driving near a bike lane, or when children are obviously present. If you are driving next to a park, for example, it would be reasonable to expect children to be riding bikes, scooters, or skateboards in the area. Children are not always aware of their surroundings or simply fall down and can end up in the street or parking area. As an adult who is driving a car, there is more of an expectation that you will be aware of what is going on around you. While not all accidents involving children would be the drivers fault, it is reasonable to assume that a driver should be paying extra attention around areas where children are playing.
According to Findlaw.com “State laws vary widely on whether and when children may be held responsible for contributing to the cause of accidents. Under the “tender years” doctrine, most jurisdictions hold that very young children (up to age 4 in many places) are incapable of contributory negligence because they are incapable of exercising care for their own safety or that of others. This applies to child bicycle accident cases, meaning that a driver found negligent may not argue that contributory negligence by such a young child caused the accident.”
If you have been involved in a car accident where you are driving a car and the other party is a person on a bicycle, it is essential that you contact a bike accident lawyer.
Bicyclists are hit most often by cars in several ways, however, this does not mean it is always the car driver’s fault. For example, the “Right Cross” happens when a car “pulls out of a side street, alley, driveway, or parking lot exit to a cyclist’s right, ” according to attorney and avid cyclist Ben Sansone. “The cyclist has already passed the front of the motor vehicle, which then strikes the cyclist. Or the car pulls out far enough at the last second to block the biker’s right of way, making it impossible for the cyclist to avoid a collision with the side of the car.”
Other dangerous collisions can occur when a bike and a car are next to each other. If the driver fails to notice the bike and turns in front of him, he can cause the bike to hit the car, or run into the bike during the turn. Bicyclists are also in danger when riding next to parked cars that could have a person still in them. When the person opens the door into traffic, usually without looking first, a bike can plow into the car and the cyclist get injured quickly.
While bicycles are subject to the same rules of the road, it is important to remember that we must share the road with cyclists, and they can become injured much more quickly than someone in a car. Being aware of cyclists when they are on the road and giving them room to ride when you can and it is safe is essential.
Consulting an attorney is equally as essential if you are involved in an accident with a bicyclist. Even if the bicyclist is injured, if they were negligent in their operation of their bike, you shouldn’t be required to pay for their injuries, no matter how badly you feel. It is always sad when someone gets hurt, but it is also important to remember that taking the blame for an accident that might not be your fault can affect your own future financially.
It is important that your own attorney helps you complete the investigation and negotiate with insurance companies so that your best interests are also kept in mind.