How to Make a Claim for Whiplash After a Car Accident

Whiplash Claim

Written by Jeremy D. Earle, JD

June 8, 2022

In our line of work, we see this scenario far too often: someone walks away from a car accident thanking their lucky stars they weren’t seriously hurt. They may be a little tense or sore, but they brush it off and go to bed.

They are surprised to discover that they have developed shooting pains and stiffness the next morning or gradually over the next few days.


Car accident victims may be hesitant to pursue whiplash claims, resulting in them suffering in silence and never knowing how much compensation they are entitled to.

Do not fall victim to this. If you’ve been injured in a car accident, you should seek legal advice.

Every day, numerous accidents occur on America’s city streets, with many of them resulting in whiplash. We’ll go over how whiplash car accident claims work and how to file a claim to get the compensation you deserve for your injuries. Now let’s get started!


A cervical muscle strain, a neck strain, or a variety of other injuries that you may sustain in a car accident are referred to as “whiplash.” A car accident attorney could almost be called a “whiplash injury attorney!” because these injuries are so common.

Whiplash isn’t a minor injury, despite its prevalence. Whiplash victims’ injuries can worsen if they refuse treatment, downplay their pain, and try to grin and bear it.

If you suspect you have whiplash and avoid seeing a doctor hoping that the problem will go away on its own, your pain can quickly escalate, halting your daily activities. It’s possible that you won’t be able to do household chores, lift your children, sleep soundly, or even look down at a book. For the rest of your life, you may be plagued by chronic pain and limited mobility.

In a car accident, the force of impact whips a driver or passenger’s head back and forth quickly. Hyperextension (head pushed too far back, chin up) and hyperflexion (head pushed too far forward, chin up) are two terms that describe these movements (the head is pushed too far forward, with the chin down). Vertebrae can become dislocated and damaged as a result of this.

The neck, back, and shoulders can also be strained or sprayed due to whiplash. What makes a sprain different from a strain? That is an excellent query!

Strains occur when one or more muscles or tendons are overstretched or torn. Tendons are thick tissue cords that connect bones and muscles.

Ligament sprains occur when ligaments are stretched or torn. Ligaments are tissue bands that hold the bones in a joint together. The pain receptors in the neck ligaments are densely packed and fire when stressed. Sprains heal much more slowly as a result of this.

Complications from severe whiplash include:

  • Other joints, muscles, and ligaments in the body are also inflamed.
  • Disrupted discs and torn ligaments are examples of soft tissue damage.
  • Vertebral fragments
  • Nerve damage that lasts
  • Concussion (TBI)
  • Neurological disorders
  • Severe Symptoms


Whiplash has several symptoms:

  • Headaches
  • Stiffness
  • Restricted neck and arm mobility
  • Dizziness
  • Fatigue
  • Hands that tingle or are numb
  • Aches and pains in the arms and shoulders
  • Pain in the lower back
  • Insomnia
  • blurry Sight
  • Tinnitus

Back-end collisions, traffic jam collisions, and other fender benders are all common causes of whiplash. Whiplash symptoms usually appear after several hours or days. This happens because of the rush of adrenaline that a car accident causes in the body. Because adrenaline masks pain for a long time, you may not realize the full extent of your injuries until later. Serious issues may go undetected until they are too late.

If you’re in an accident, even if it’s minor, seek medical help right away.


To prevent re-injury, your doctor may recommend a treatment plan that includes rest, medication, and a supportive device such as a neck brace. A chiropractor or physical therapist may recommend additional treatment.

Whiplash rarely necessitates surgery, which is a good thing. The best course of action may be to get a spinal fusion surgery or laminectomy in cases of ruptured or herniated discs. If you don’t think you can pay for the cost of medical treatment, a skilled whiplash attorney can help you get back on your feet for free. Get in touch with me right away!



Get out of your car and move out of the way of oncoming traffic as safely as possible.

Make a 911 call. They’ll arrive on the scene and compile a crash report, which could be crucial evidence in your case.

Gather information about the other driver, such as their driver’s license, insurance provider, license plates, and so on.

Seek medical attention before going back to work, as in right away, even if you don’t believe you’ve been injured. Soft tissue injuries are often difficult to detect at first, but they can have a far greater impact on your daily life than a broken bone. The best chance of a complete recovery is to seek medical help as soon as possible.

Report the accident to police and begin filing your claim with your car insurance company. Give them the details you gathered at the accident site. Notify the other driver’s insurance company as well, but hold off on giving them a recorded statement until after you’ve…

Consult a personal injury attorney if you have been involved in a car accident. Why should you be responsible for the harm caused by a careless driver? You can hire a whiplash attorney to help you hold them responsible for your injuries. A knowledgeable insurance attorney can mean the difference between a satisfactory car accident insurance settlement and a denied claim.

You will be assigned a case number and a claims representative, but your car accident lawyer will be able to communicate with them on your behalf moving forward.


The amount of compensation you are entitled to for a whiplash injury varies depending on several factors, including the severity and the medical treatment and physical therapy that it necessitates. Your medical treatment plan determines the amount of compensation you can receive for whiplash and how the injury has affected your life.

In most cases, a reasonable settlement for a car accident insurance claim will include the following costs:

  • Visits to the doctor, diagnostic imaging, and operations
  • Medication that has been prescribed
  • Sessions of physical therapy
  • Wages lost due to time off
  • Suffering and ache
  • A decrease in life enjoyment

Getting a far car accident settlement shouldn’t be difficult, but obstinate insurance companies will do everything they can to keep their profits. A personal injury lawyer can assist you in proving your injuries and obtaining compensation for the associated costs.


Are you unsure how to establish that you’ve suffered from whiplash? Whiplash claims should be treated as seriously as any other car accident injury claim, and the amount of your whiplash injury claim should reflect your actual expenses, but how do you calculate the true value of your claim and back it up with evidence? To support your argument, gather the following evidence:

  • The arrest warrant
  • any receipts and bills
  • Medical records from before the accident indicate you were in good health.
  • Up-to-date medical records, such as test results, prescriptions, x-rays, MRIs, and other imaging

When it comes to lost wages and loss of earning power, you can back up your claim with old pay stubs, timesheets, or other documentation from your employer showing which days you missed.

Your car accident lawyer can obtain statements from your doctor and chiropractor concerning your prognosis and treatment options. These can also be used to estimate future medical costs.

A car accident lawyer can assist you in determining the value of your whiplash injury claim and obtaining the compensation you are entitled to.


Concentrate on your physical recovery while you wait for your whiplash claim to be resolved. Every decision you make could harm your case.

When dealing with insurance companies, make sure to do the following:

  • Stick to the accident’s basic details, such as the date, time, and location.
  • Never go to a doctor that the insurance company recommends. Your whiplash attorney can assist you in obtaining free medical treatment.

Always follow your doctor’s advice, even if you don’t like it, and show up for all of your appointments. Your whiplash claim may be disqualified if there is a gap in your treatment. Even a simple “fine” response to the question “how are you today?” can get you in trouble. Insurance adjusters are known for accusing people of faking or exaggerating injuries if you are found to be engaging in strenuous activities. Some insurance companies will keep an eye on your social media accounts in order to gather information about you!

A whiplash lawyer will do everything possible to make the settlement of a car accident injury claim as painless as possible. They can deal with all of your insurance company communications on your behalf.


Passengers in automobile accidents can file personal injury lawsuits as well.

Passengers sometimes have better results when filing a personal injury claim because they are usually not at fault for any part of the accident. Passengers have the same legal rights as a driver who has been injured. A passenger may sue all of the drivers involved in a multi-car accident. As a passenger, you may be able to file a claim against the driver’s insurance in the event of a single-car accident.

Injured passengers are sometimes hesitant to file a lawsuit because they fear it will damage their relationship with the driver, who could be a friend or family member. You are not requesting money from your friend; rather, you request their liability insurance. That is precisely why it exists!

Passengers can demonstrate their damages in the same way that we did earlier. The passenger must first finish their medical treatment under comparative fault laws in Colorado. The insurance companies will then be presented with their expenses.

The same procedures apply if you were a passenger in an accident involving a taxi, Uber, or Lyft. For more information, speak with an [personal injury lawyer.


A whiplash attorney can gather evidence to back up your claims and negotiate with insurance companies to get you the best settlement possible. There are situations where you may need to file a personal injury lawsuit in some cases of whiplash injuries. A whiplash attorney can protect your rights throughout this process, ensuring that you get the most out of your car accident claim settlement case.

Fortunately, most personal injury lawyers work on a contingency fee basis, which means you don’t have to pay them anything!

  • Thousands of successful whiplash compensation claims have been handled over 20 years.
  • Allow yourself to be the beneficiary of our upcoming triumph.
  • Get a free consultation right now that is quick, convenient, and 100 percent free!

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