Whiplash is one of the most common personal injuries if you’ve been in a car crash—especially if you were rear ended . Studies have found that a whiplash injury can actually occur at speeds as low as 5 mph.
It’s possible to sue for whiplash injuries you’ve sustained as a result of an auto collision, but there are steps that need to be taken to maximize any personal injury claim .
I was in a car accident and I think I have whiplash, what do I do next?
The most important step to take after a car crash is to seek immediate medical attention. This is for multiple reasons. Your health and recovery need to be your number one goal. Many people feel like they aren’t injured after a collision. This is due to our body’s natural response to the shock. Our body immediately goes into a protected state and can mask how bad the injury actually is. Additionally, it may take days or weeks for the injury to show up due to how the crash happened.
Even if the car accident was at a low speed, you will want to see a doctor. If your injuries aren’t serious or life-threatening, you probably won’t need to go to the ER from the scene of the crash. But it’s definitely a good idea to go to an Urgent Care or setup an appointment with your doctor right away.
Why do I have to see a doctor after a car accident?
Many people avoid seeing a doctor because they’re scared of missing work , losing their job , and medical bills that can add up This is especially for those without insurance. However, if you weren’t at fault, there are ways to receive medical care without insurance .
Seeing a doctor accomplishes several things in strengthening your claim because insurance companies will do everything they can to fight a whiplash injury . First, it addresses any injuries you may have. Second, it will document those injuries and immediately connect them to the accident. Third, it will help you set up a treatment plan for recovery.
These are all critical to your recovery and getting properly compensated for damages from the car wreck. Additionally, if you don’t see a doctor after a car accident, you won’t be able to claim pain and suffering damages .
Who is liable for a whiplash injury?
To be financially compensated for your car crash injuries, you will need to establish the liability of the at fault party. Sometimes this is rather straightforward like in most rear end cases, but there are other times it’s not .
To show negligence in a car accident, you need to prove that the other driver owed a duty to you on the road. This can be through a traffic law or showing the other driver had to act reasonably in a given situation. An example is that a driver has a duty not to drive while distracted .
Next, you must show that the driver breached that duty. The act of reaching into the backseat would be a breach of the distracted driving duty of care.
After establishing duty and breach, you have to show that the accident was the cause of your whiplash injury. As we talked about above, this is done by seeing a doctor immediately after the car wreck.
Finally, you have to show damages. In relation to your whiplash injury, this may be medical bills and pain and suffering associated with the injury.
Can a Sacramento personal injury attorney help?
Being injured in a car wreck isn’t something people aim to do. We understand that it upsets the balance of your schedule and life. Especially if you’ve experienced significant injury.
We offer free and friendly advice on your options after a Sacramento car crash. We will go over your case with you and help determine your damages and get you the financial compensation you are entitled to. Don’t let insurance companies make you think you’re the one supposed to pay for someone else’s negligence.
Call us today at (916) 619-5452 or fill out our form on our website and someone will be in touch!
