Whiplash is a soft tissue injury in the neck that commonly occurs in motor vehicle accidents. This injury typically occurs when the impact of a car crash causes the head to whip violently back and forth. This whipping movement can stretch and tear the muscles in the neck, causing painful injuries that can be difficult to recover from.
The cost of treating these injuries can be substantial. If you suffered whiplash in a crash through no fault of your own, you have the right to pursue legal action against the other driver.
If you are ready to work with a Portland whiplash accident lawyer, call Ben Crump Law, PLLC at (800) 598-7557 for a free consultation.
What is Whiplash?
Whiplash is a neck injury that is commonly linked to motor vehicle accidents. Johns Hopkins Medicine describes whiplash as an injury that involves the muscles, nerves, discs, and tendons of the neck. These injuries can also occur in contact sports or from a fall. Regardless of the cause, the Mayo Clinic reports that most people recover from whiplash injuries in a matter of weeks by following a treatment plan and resting.
Unfortunately, not everyone is able to address their whiplash injuries so easily. For some, symptoms of whiplash can last for months or even years. Some of the most common whiplash symptoms include:
- Stiffness and neck pain
- Loss of range of motion in the neck
- Severe pain when moving the neck
- Pain in the shoulders or upper back
- Arm pain
- Difficulty sleeping
- Blurred vision
In terms of both time and money, the cost of recovering from this injury can be significant. Weeks or months of medical care can represent a major financial strain for many people. This strain is often amplified if a person is too injured to return to work right away. In these cases, a Portland whiplash accident lawyer might be able to help.
For a free legal consultation with a whiplash injury lawyer serving Portland, call 800-959-1444
How to Resolve a Whiplash Injury Claim
There are two ways that a whiplash injury claim could result in financial compensation. The first is through a negotiated settlement with the at-fault party or their insurance company. The second involves a verdict in your favor following a trial.
Most of the time, injury claims are resolved through a mutual settlement. This is true in accidents where the at-fault party admits fault or at least agrees the evidence against them is overwhelming. While settlements might be common, there is no guarantee you will receive a fair offer from the other side.
A settlement is not a possibility with every personal injury claim. Some defendants refuse to accept responsibility, while others might not have the assets to make a reasonable settlement offer. The outcome of these cases is typically a jury trial.
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What to Do if the At-Fault Driver’s Insurance Carrier Calls You
It is not unusual for the at-fault driver’s insurance company to reach out to a whiplash victim directly. Their reasoning for making early contact varies. These insurance companies could pressure you to accept an offer below the actual value of your claim.
If you did not have a chance yet to have a physical exam by a medical professional, you may want to wait to accept an offer, for example. If your condition is likely to lead to long-term disability, for instance, you will want to pursue compensation that will cover the cost of treatments in the future, not just now. You deserve fair compensation for your injuries, and long-term care costs should also be considered.
To ensure you protect your legal rights following a whiplash accident, consider the following factors when the other insurance company calls:
- You do not have to speak with the other driver’s insurance company. Even if they imply you do not have a choice, you should be aware that you can simply refuse to speak with them.
- An attorney can serve as your advocate. By allowing your attorney to deal directly with the insurance companies, you can ensure you avoid bad settlement offers or efforts to twist your words against you.
- You only have one chance to settle a claim. Once you agree to a settlement and sign the release, your opportunity to recover compensation from the at-fault party ends. Remember that when considering a settlement offer.
- You can reject a settlement offer. The other side might tell you their offer is final, but it is ultimately up to you if you want to accept their offer or refuse it.
Your attorney can advocate on your behalf and guide you through the litigation process. You can be prepared to accept or reject a settlement offer confident in the knowledge that you are making the best decision for your injury claim.
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You Could Recover Financial Compensation for Your Whiplash Injuries
In some cases, the driver responsible for a whiplash injury will have substantial support. This support could be in the form of a team of lawyers or a powerful insurance company. A Portland whiplash accident lawyer can represent you and fight for what you deserve.
The attorneys of Ben Crump Law, PLLC pursue fair compensation for the whiplash injuries our clients suffer. We also operate on a contingency basis, which means you will never owe us a fee unless we recover compensation for your injuries. To learn more about how we can help, call (800) 598-7557 for a free consultation.
Call or text 800-959-1444 or complete a Free Case Evaluation form