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Don't Let the Insurance Company Tell You Your Whiplash Case Is Worth $0.

What Is Whiplash?

One of the most common neck injuries sustained by our clients who have been in a motor-vehicle accident. This injury often leaves a person with soft tissue damage that results in minor to severe pain in the neck and head area, but can also affect the back and other extremities. The pain is especially noticeable when the person attempts to move their head.

Certain types of bone structure damage can be a form of whiplash and is most often a result of a collision that involves excessive force, e.g., being struck by a semi-truck.

What Causes Whiplash?

In the majority of instances, whiplash occurs when there is a sudden, often unexpected, acceleration-deceleration type of force. It's most often associated with a rear-end automobile collision, but can be caused by any number of crashes, such as t-bones or head-on collisions.

What Are the Symptoms of Whiplash?

The type of symptoms you will likely experience with whiplash are:

  • Neck pain
  • Headache
  • Dizziness
  • Nausea
  • Shoulder pain
  • Jaw pain
  • Arm pain
  • Ringing in your ears
  • Back pain
  • Visual disturbances

How Will My Doctors Know I Have Whiplash?

Whiplash is a condition that is primarily symptom-based, meaning your doctor will likely not be able to diagnose you based on physical examination alone. To receive a proper diagnosis its important that you be honest and accurate with the description of your symptoms. This will determine whether or not you have whiplash or some other condition and what type of treatment you'll need.

Keep in mind, the doctor's primary concern after your accident is to assess whether or not you have sustained a major injury to your neck, head, or other area of the body. With this in mind, you will likely undergo x-rays following your accident or be placed in an immobilization device.

What Types of Treatment Will I Need?

Your treatment will depends on the severity and type symptoms you are experiencing. The most common type of treatment may involve pain relief medication, physical therapy, and/or supportive devices, e.g, a neck collar.  

  • Medication: to help relieve pain and reduce swelling or inflammation
  • Physical Therapy: to help relax pinched nerves, improve blood circulation and realign your spine
  • Supportive Device: to help stabilize the area during healing (a padded collar is often used)

How Long Does Whiplash Pain Last?

If you follow your doctor's orders, there's a great chance that you will make an excellent recovery from whiplash, but there are instances in which a person's suffering may last for months. Because the severity of the symptoms and the type of accident varies from person to person, your pain can last anywhere from one week to a few months.

Can Someone Take Steps to Prevent Whiplash?

The proper use of seat belts is an important step in preventing whiplash, or significantly reducing the severity of its symptoms. Your overall health and age also play a role in determining the risk of suffering whiplash symptoms.   

Why Is it a Good Idea to Contact an Injury Lawyer?

The majority of whiplash cases are treated with a low amount of respect by the insurance company. Because this type of injury doesn't display any physical markings or damage, there will be a lot of question about the severity of your injury, or whether it ever even existed.

Without an experienced injury attorney who has handled thousands of these cases, it's possible your whiplash injury may be labeled a MIST case. It's not uncommon for the insurance companies to view whiplash as a "mystery injury" and fail to give it the legitimate attention it deserves.

Having worked these cases since 1936, we know better. In fact, recent studies have concluded that there is a close relationship between whiplash and brain injury, most notably concussions. Often times these symptoms are overlooked by an insurance company and a person's claim is greatly undervalued.

If you have questions about your whiplash case, call us for a FREE consultation. There is never a charge or any pressure. We can give you advice and guidance on how to best protect your rights and not have your claim minimized.

Jim Keller
Partner at Keller & Keller

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How Much Is My Car Accident Injury Claim Worth?

Before we look at the factors that determine the value of your car accident claim, know this: NO ONE can initially tell you what your car accident claim is worth; not until you tell your version of the story, liability is nailed down, your medical treatment is finished, and an experienced personal injury law firm has reviewed your case.

And it's ok not to have an immediate dollar amount thrown at you. After all, if your accident had a "price tag," then there would be no opportunity for you to present your particular case, meaning you'd potentially risk shorting yourself thousands of dollars, or the entire claim!

(Having settled thousands of personal injury cases, we are certain of one fact: No two clients are alike, no two car accidents are alike, no matter how similar they seem.)

Our firm's #1 goal is likely similar to your own at the moment: recover the maximum amount of compensation for the accident. The way to ensure you receive a fair settlement is to present a professional and persuasive case that is supported by medical documentation and measurable course(s) of treatment, e.g., physical therapy.

WHAT FACTORS CAN INCREASE MY CASE VALUE?

You're likely worried about hospital bills, property damage, lost wages, and a possible change in lifestyle, so a quick settlement may seem attractive. However, as time passes, most clients are thankful they took the time to consult with someone who could advise them of future factors that could potentially increase their case value.

Scenarios that can increase the value of a car accident case might include:

  • The client's injuries worsened over time, leading to unforeseen treatments and costly procedures.
  • The client didn't predict the type and/or duration of treatment their injuries required.
  • The client didn't anticipate the strain the accident would place on their personal life.
  • The client didn't account for the long-term psychological effects.

These points are common after-effects accident victims are unable to predict immediately following their accident, and the insurance company is going to try and settle with you before any of these scenarios occur.

Ultimately, your damages are likely to have additional value if presented to an insurance company by way of experienced legal representation. Having an attorney allows you to take the time you need to ultimately see the full picture of your claim, and remember, once you sign a release of all claims, you're essentially telling the insurance company they're "off the hook."

ARE SIMILAR ACCIDENT TYPES WORTH THE SAME AMOUNT OF MONEY?

Each person is unique, each accident is unique, every case has unique value, and there are no exceptions to this rule. Let's look at an example:

  • Driver A is a young pregnant female with no pre-existing medical conditions. She has been involved in a rear-end car accident collision. She was taken by ambulance to the hospital for examination of back and neck pain. The doctors diagnose her with whiplash and prescribe her a course of treatment that is consistent with the needs of her pregnancy. She completes treatment and is released soon after.
  • Driver B is a middle-aged male with prior back surgery. He has also been involved in a rear-end style car accident collision and is experiencing neck and back pain. He was not able to visit a doctor until two weeks after the crash due to fear of missing work and losing his job. When he is able to visit the doctor, he is diagnosed with whiplash and is prescribed a course of physical therapy. He is released soon after.

Let's also assume that Driver A and Driver B were rear-ended at the same spot on the same highway on the same day. Additionally, the vehicles that struck A & B were traveling at the same speed at the time of impact. Weather conditions were the same for both accidents, and both A & B and the adverse drivers have the same insurance companies, etc.

What does all this mean?

Despite everything we know about driver's A & B accident details, their claims will have different values!

Even with all the listed similarities, it's very unlikely that driver A & B will undergo the similar medical treatment for their injuries; respond to treatment in the same manner; or experience the same types of aggravation and frustration in the days and months after their accident.

IS IT TRUE THAT I'LL GET THREE TIMES THE MEDICAL BILLS FOR MY ACCIDENT CLAIM?

This "formula" is an estimate that has often been thought of by many as a way to value car accident claims. And though it is true that you may receive three times your medical bills, it's also just as likely that you'll receive more or less.

In short, never assume the value of your car accident claim is simply "3 x's your medical bills."

WHAT THINGS CAN I RECOVER FOR IN MY CAR ACCIDENT CLAIM?

There are typically 3 components we look to recover for in a personal injury case that arises from a car accident:

  1. Past and future medical bills
  2. Past and future lost wages, or loss of earning capacity
  3. Past and future pain, suffering, disfigurement, and disability

Again, the numbered factors above don't apply to every case, and you should always have an experienced injury lawyer evaluate your specific claim.

IS THERE EVER AN INSTANCE IN WHICH I CAN IMMEDIATELY KNOW MY CASE VALUE?

Accidents that leave a person with traumatic injuries; broken bones; the need for surgery; permanent hardware; and/or cause death, may constitute what is known as a "policy limits demand."

In these instances, our personal injury attorneys will immediately notify the adverse insurance company of our representation of a client and ask that they send us what is known as a "certified declarations (DEC) sheet." This document will reveal the total amount of available dollars under the liable party's policy.

Once we receive the DEC sheet we will be able to tell you how much money is available, and whether or not your injuries justify asking for the entire amount. However, it will still be very difficult to predict the value of your car accident claim, because other factors will almost certainly play a role.

For instance, we may be able to reduce certain medical bills on your behalf so that you're not required to pay back the full amount, thus increasing your settlement. We may also be able to secure Underinsured Motorists Coverage (UIM) from your policy in the event that the adverse policy limits are inadequate.

ASK AN ATTORNEY TO REVIEW THE INSURANCE POLICY.

Asking an experienced personal injury attorney to examine an insurance policy ensures you aren't leaving money on the table. Policies can be confusing, full of difficult-to-understand contract language, some of which is applicable to your case, and some that isn't.

If your everyday job doesn't require you to review insurance policies, then your chance of fully understanding available coverage will be challenging. Fortunately, we have more than 75 years of locating and examining insurance polices for car accident victims, so we can help guide you and youir family in the right direction at no cost.

Ultimately, speaking with an experienced injury law firm about your case is an excellent step toward determining what your car accident case is worth.

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