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Should I Sue for Whiplash?

Posted by Fred Koberlein, Sr. | Mar 15, 2019 | 0 Comments

Whiplash is possibly the single most common injury that results from a car accident. This is the common term for a medical injury that results from the abrupt movement of the neck back and forth — when it “whips” forward and back. The damage from whiplash can range from mild discomfort lasting for a few weeks to serious injury that can limit motion, mobility and ability to function for many years.

Unfortunately, suing for whiplash can get complicated, leading many people to wonder if it's even worth the bother. The answer really depends on the severity of your symptoms. Learn when it's a good idea to file a whiplash lawsuit, and why it's important to have the services of a qualified injury attorney to help.

Suing for Whiplash

There are a number of steps you need to take when suing for whiplash to ensure that your claim gets the notice it's due. Juries and courts tend to view whiplash claims as nuisance suits because they're not always serious. However, that doesn't mean you're not entitled to damages for your medical bills, or to hold the responsible driver liable for your injuries.

Seek Immediate Medical Treatment

The first step is to get immediate medical treatment and document your condition. Even if your discomfort is mild, see a doctor and get checked out. You never know when a seemingly minor injury is going to become more severe when the adrenaline wears off in a day or so. The sooner you get looked at, and the more detailed your medical records, the better off you'll be.

Don't Wait to File

If your whiplash is serious enough to sue, don't wait to file your claim. The sooner you file, the better off you'll be. If you wait until your injury begins to recover, you're giving ammunition to the defense that can allow them to challenge your claim.

Be Prepared to Fight

Insurance companies aren't in the business of paying out big claims. That may seem counterintuitive, but it's true. They are in the business of making money, which doesn't happen by paying out huge injury settlements. They also know that whiplash is often looked at with skepticism by courts, so they may well refuse your claim. They'll use tactics like deflecting the blame onto you, claiming that your injury isn't that serious, and a range of other rationalizations to avoid paying for your injuries.

Hire an Injury Attorney

All of this is why when suing for whiplash, you need the services of a solid injury attorney to get your compensation. An attorney knows how to stand up to bullies like insurance companies. They know how to prove that your whiplash is serious and that you deserve compensation for your pain and suffering, medical bills, lost wages and all the other damages you've suffered from your accident.

If you live in Florida and need help pursuing an injury case for whiplash, don't wait to file and don't wait to seek help. Contact the Koberlein Law Offices and we'll sit down for a free, no-obligation discussion of your case.

About the Author

Fred Koberlein, Sr.

Fred Koberlein, Sr. has experience well beyond the majority of attorneys, for your case. As a retired judge, practicing attorney, former Naval aviator (both pilot and instructor), he pledges to use his education, experience, and love for helping others to help you achieve the best possible outcome for your case.

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