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How Can I Prove Whiplash?

How Can I Prove Whiplash

Whiplash is one of the most common types of injuries that car accident victims endure. Although it’s tempting to write off the pain as mere soreness immediately after the incident, it is critical that you obtain an official diagnosis from a medical professional as soon as possible. This is the first step in proving your whiplash injury, as the physician’s statement will function as an indisputable element to your case. For more on what you can do to prove your whiplash injury, see the guide below as provided by Ellis Injury Law.

Whiplash Symptoms to Look Out For

Although you will be visiting a medical professional to receive a diagnosis, you must be familiar with the signs of a whiplash injury both before and after your hospital visit. This will give you a more informed perspective on your wounds’ intensity and possible duration, which will ultimately strengthen your case against the negligent driver. Notable symptoms of whiplash include:

  • Neck, back, or shoulder pain
  • Tingling (feeling of “pins and needles”) or numbness in the arms
  • Impaired movement in the neck, specifically the loss or reduction of the range of motion
  • Complications with sleeping patterns
  • Dizziness
  • Headaches
  • Blurred vision
  • Fatigue

Since whiplash symptoms are not as visible as a laceration or fracture, for example, you may find that this injury is relatively tricky to prove. Your insurer and the defendant are likely to take advantage of this, and will make every possible attempt to cast doubt upon your claim and evade a fair settlement. To circumvent their avoidance tactics, you will need an experienced car accident lawyer’s help to gather the necessary evidence and witness testimonies for your bodily injury claim.

Proving Your Whiplash Injury in Court

Your lawyer will help you collect all necessary evidence regarding your whiplash injury to improve your chances of securing compensation after the accident. The primary resources they will use to demonstrate the full extent of your condition during the trial are as follows:

  • Police report. The police report is a central piece of documentation for any sort of auto collision, regardless of the incurred injuries. The officer will have recorded all details of the incident, including the speed of the collision – a critical element to determining the severity of your whiplash.
  • Expert testimony from a medical expert. This is quite possibly the strongest evidence you will have to back up your claims. The doctor that evaluated you after the incident will explain the symptoms of whiplash to the judge and jury, and verify the extent to which you experienced these effects. If they prescribed you any medication or other types of treatment, the doctor will outline these details as well.
  • Personal testimonies. People you interact with in your daily life may also provide a witness statement for your case. They may have observed you behaving strangely as a result of your injuries, and can provide details of these observations to support your case. Further, if you missed work or have had to adjust your standard routines due to the impacts of your injury, they can attest to this as well.

It is incredibly difficult to secure this type of evidence on your own. For this reason, it is best that you contact a car accident lawyer as soon as possible to build your case. You don’t have to undertake the litigation process alone. Get in touch with a lawyer today to secure the compensation you deserve.

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