Every accident will come with its unique circumstances and sometimes the ramifications aren’t always immediately noticeable. One of the most common injuries following a car accident in Asheville is whiplash.
Whiplash, as stated previously, may not be immediately evident, but you may start to notice a range of symptoms from headaches and migraines to neck pain and memory issues. If you’ve been the victim in an automobile crash, you may be entitled to a whiplash injury claim. A car accident lawyer can help.
When making a whiplash claim, one of the obstacles you may face is the seriousness that insurance companies lend to it, but every injury should be treated with the utmost care. You should not be held responsible for the carelessness of another driver.
What Whiplash Signs to Look for After an Accident in Asheville
Being involved in a sudden and violent crash can result in your neck being wrenched back and forth resulting in whiplash. The impact can cause the fragile neck structure to undergo undue stress resulting in severe pain. The damage can even extend to the skeletal system of your spine.
What signs to look for that may be due to whiplash:
- Vision impairment
- Sore muscles and neck pain
- Reduction in mobility
- Memory impairment
- Mood swings
Whiplash can manifest itself in either some or all of the above symptoms. Regardless of the side effects that you are suffering, the recovery period can take weeks to months to resolve, and may not always develop suddenly after the accident. Whiplash can even occur at relatively slow speeds, with some reports claiming the vehicles involved were only traveling at 5 mph.
Who is Responsible for Whiplash Expenses
Whiplash usually results from a rear-end collision, and in most instances is due to a driver of the following vehicle being at-fault for not creating enough distance to avoid an accident.
In Asheville, these drivers will be considered at-fault and be charged with “failure to reduce speed” or “following too closely,” plus any other accompanying charges, such as DWI or reckless driving.
What to Expect from the Insurance Company and Your Whiplash Claim
If you are the victim in an accident, then the at-fault party’s insurance company is normally the one to pay out reparations. However, to receive compensation, you’ll need to file a personal injury claim. Unfortunately, insurance companies are for-profit organizations and will fight to lower their liability. Some may even outright deny your claim.
One of the unfortunate aspects of whiplash is that it is for the most part not visible, may not show up during standardized scans, and as previously noted, can take time before the injury presents itself.
To receive the best outcome with your settlement claim, it is best advised to seek out an experienced attorney to help navigate the intricacies of a personal injury claim. Not only will they be able to stop an insurance company from outright dismissing your claim, but they can also make sure that you get a fair settlement.
What Steps Should You Take When Building Your Whiplash Claim
To make sure that you receive the reparations due to you for your injuries there are a few things that you need to keep in mind.
You’ll have to prove:
- You were involved in an accident and that you were not the at-fault party
- The actions taken by the at-fault party are what led to your injuries
- Medical records showing that you do indeed have injuries
After the accident, you’ll need to take certain steps to guarantee a fair outcome.
Record as much evidence as possible
If you’re able, take as much photographic evidence as you can of the accident. Take pictures of the damages to the car, the condition of the road, and any other possible factor that could have played a role in the crash. Try and gather the contact information from any witnesses, and call the Asheville Police Department.
Seek medical treatment
Regardless of the severity of the injuries, if you’ve been involved in an auto accident in Asheville, you should seek immediate medical attention. If you are in a life-threatening scenario, you should contact an ambulance for immediate first-response attention.
Once again, whiplash may take time to manifest, so it’s best to be proactive and seek medical treatment even if your pain is only minor.
Make all statements neutral
There is something ingrained in many of us to say sorry as a reflex. You should avoid this and any other statements which may derail your whiplash claim later.
Just as you’ll be collecting evidence to build your case, so will the counterparty. You don’t want statements such as “I’m sorry” or “I’m not hurt, I’m fine” to show up as evidence later down the road.
If pressed to answer, just state that you’re not sure.
Maintain clear expense records
After an accident in Asheville, you will want to gather and maintain any expenses that have arisen. You want to keep everything from medical bills to car rental expense. Any cost that you’ve accrued may be subject to compensation. As you’ll need to prove that you’ve incurred these expenses, it’s best to just maintain an organized record from the start.
If you’ve been injured in a car accident, call Asheville DUI Guy today.