Top 4 Whiplash Neck Injury Mistakes That Could Ruin Your Claim

According to the Wikipedia, whiplash is commonly associated with motor vehicle accidents, usually when the vehicle has been hit in the rear; however, the injury can be sustained in many other ways, including falls from bicycles or horses.Whiplash stands out as one of the main injuries covered by the car insurers.Symptoms reported by sufferers include: pain and aching to the neck and back, referred pain to the shoulders, sensory disturbance to the arms & legs and headaches. Symptoms can appear directly after the injury, but often are not felt until days afterward. Diagnosis occurs through a patient history, head and neck examination, X-rays to rule out bone fractures and may involve the use of medical imaging.

There are four common mistakes made by the average person who has suffered whiplash as a result from a car accident. These four mistakes can significantly reduce the value of the whiplash claim.

1. Giving an Insurance Adjuster a Recorded Statement

Insurance investigators and adjusters are directed to obtain recorded statements as soon as possible following car accidents. Many of my clients have been called by the insurance agent and asked to provide a recorded statement before they even had left the hospital emergency room. Insurance adjusters are trained to take recorded statements in a way that reduces the amount they will have to pay on a claim. The best thing you can do is speak to an attorney before you give a recorded statement.

2. Not Immediately Seeking Medical Treatment After An Accident

If you have suffered a whiplash injury, you need to document your injuries. People often refuse transport at the scene because they are in shock or the rush of adrenaline prevents them from realizing the full extent of their pain. Then after a few days, they are in a lot of pain. The symptoms including pain usually begin to improve, leading the injury victim to refuse to go to the doctor. At about 2 - 3 weeks after the accident, the injured individual realizes the pain is not resolving on it's own. At this point, an insurance carrier will generally deny or greatly reduce any future claim payout because it is too difficult for the injured party to convince a jury that the accident caused the injury. If following an accident you are in pain, please see a doctor.

3. Not Properly Documenting Your Harms and Losses Due to the Accident

Injury victims are entitled to recover their medical bills, wage loss and pain and suffering. Damages should be recorded; however, most people do not know how to properly document their losses. Legal advise from an experienced whiplash neck injury lawyer can significantly increase the case value.

4. Not Hiring an Experienced Whiplash Lawyer

After an accident and diagnosis of a whiplash injury, you need to decide who will help you with your compensation claim. Be aware that, unlike personal injury lawyers who only charge the insurance company for the services, most "claim specialists" charge you fee for their service. You should read the small print of anyone who offers you help. It is important to retain an experienced whiplash neck injury attorney to assist you with recovering compensation for your injuries.


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Wisconsin Whiplash Injury Lawyer, Randy Rozek, ownsa Wisconsin personal injury law firm, Rozek Law Offices, SC, located in Milwaukee, Wisconsin. For more legal information on Wisconsin Whiplash Injuries, feel free to visit Wisconsin's leading Whiplash Injury Website.