Category Archives: Auto Accident

July 17, 2023

4 min read

Accidents, and the chances of accidents, tend to increase during the summer season as the weather gets hotter. For example, according to the Institute for Highway Safety (IIHS), drivers are at a higher risk of getting into an auto accident in the summer months.

Here is everything you need to know about how to avoid summer accidents:

Most Common Causes of Road Accidents

During the summer season, the highways and roads are packed with people looking for their next summer adventure. Staycations and long-road-ahead vacations are in full swing as people throw their gear in the car and take off for some summertime fun. But be wary, as these are the most common causes of accidents on the road in the summer:

Distracted driving
Drunk driving
Unsafe lane changes
Excessive speeding
Cutting off other drivers
Cars suddenly stopping
Hitting a slippery or unsafe patch
And more

How to Avoid Car Accidents This Season

To avoid common car accidents during the summer, it is imperative to pay attention to the following tips to stay safe on the road:

Eyes on the road

It is easy to get distracted with the windows down, music up, and closest friends and family in your car. However, distracted driving is one of the leading causes of accidents. This means that you have to put your phone down, no matter what.

Texting and looking at the phone is another leading cause of car accidents. When you get behind the wheel, stay focused on the road ahead. Keep an eye on all of your surroundings and mirrors, and keep the volume on the radio and in the car low. It is also worth noting that many states have passed laws banning texting while driving.

Avoid high traffic times

Although it may be difficult, do your best to stay off the road during high peak hours. These hours can include mornings and mid-afternoon—these are the busiest hours on the road.

Other times to avoid are the weekends. Do your best to leave a day early, especially during summer holidays such as the Fourth of July. The more people on the road means the more chances of an accident happening.

Do NOT drink and drive

You have heard it your entire life: Don’t drink and drive! This is crucial now more than ever as more and more people are driving on the roads than ever before. Since the pandemic has come to an end, more people are opting for alternative travel, which means that more people are driving instead of flying.

Whether you are leaving a restaurant, a cookout, or a party, alcohol is everywhere. Do not get behind the wheel of a car if you have had even one drink. One drink can run the risk of increasing your chances of getting in an accident and getting hurt—or even killing someone else. Use the many options of ride-share apps to safely get to your next destination.

Keep your vehicle in top-tier shape

The heat can put extra strain on your vehicle. Be sure to get your car tuned up before embarking on any road adventures. Breaking down on the highway in extreme heat can be dangerous.

Oil changes, tire rotations, replacing older tires, and battery checks are a must in the summertime. Throw in extra water bottles, food, and an emergency kit that includes a tire iron, car jack, extra tire, and anything that will keep your car going should something unfortunate happen.

Be aware of motorcyclists

Summer months bring out the motorcycle. Keep your eyes peeled when you are on the road as motorcycles are everywhere and hidden in plain sight.

Motorcycle deaths are higher in the summer months as the weather is the perfect time to ride. They can be difficult to see, so keep your eyes on the lookout as motorcyclists are 27 times more likely to die in a road accident than someone in a car.

Do NOT leave pets or children in the car

Whether you are running into the local gas station for a quick drink or picking up a to-go order, DO NOT leave kids or animals in the car. Children’s death from heatstroke greatly increases in the summer season. If the routine becomes disrupted, the parent can lose track of time.

This loss of time can lead to a child or pet overheating in the car—and then dying from heat exhaustion. Parents and pet owners can also make the mistake of someone else bringing them inside, so be sure to double and triple-check the vehicle before you go inside.

Stay hydrated

It is essential for every living being to get enough water. The rule of thumb is that if you are thirsty, you are already experiencing dehydration.

Keep water with you at all times and be sure to drink throughout the day. Heatstroke is a leading cause of death in the summer and is an accident that is easily avoidable.

Dress Appropriately

You may be looking forward to showing more skin to achieve that perfect summer-time glow. Vitamin D is good for the mind as well as the soul.

However, sunburn is an avoidable accident that can be debilitating. Cover up exposed areas of your body, wear a hat and sunglasses, smother yourself in sunscreen, and stay in the shade as much as possible.

Bottom Line

You can enjoy a great summer by following the above tips. By paying attention, not drinking and driving, dressing appropriately for the weather, and staying hydrated, you stay healthy and avoid unnecessary accidents.

Although the risks of driving accidents increase in the summer, you can avoid being a statistic. Keep yourself and your loved ones safe by staying vigilant and aware, and you’ll have the best summer ever.

Written by Kelly Anderson

Reviewed by Patrick Austin, Esq.

July 17, 2023

6 min read

Auto Accident Injury claim process Negotiating with Insurance Companies

If you were recently involved in a car accident at no fault of your own, one of your first questions may be whose insurance company should I call? The short answer is both. Your auto insurance policy may have immediately-accessible coverage, such as Personal Injury Protection benefits or medical expense benefits (depending on the state in which you reside and your specific insurance carrier).. Sometimes, the at-fault party might not have enough insurance to cover the claim. In this scenario, you may be able to access your own auto insurance policy to cover the difference through an uninsured/underinsured motorist claim. Depending on the specific facts and circumstances surrounding your accident, filing a claim with both insurance companies may be a necessity

Should I Call My Insurance Company?

Regardless of who should pay damages after a car crash, you will want to inform your own insurance company of the collision ASAP. There are several key reasons why you should always report accidents to your insurance company, even if they seem minor or even if the other driver has admitted fault and agrees to compensate you. Here is why it is a good idea to always tell your insurer what happened:

Minor accidents can sometimes turn out to cause serious damage. A driver who promised to pay may not have the money to do so.
Your insurer can help you to fight to obtain compensation from the at-fault driver’s insurer.
Your insurer may pay for losses if you live in a no-fault state or if the other motorist has insufficient coverage. If you have uninsured or underinsured motorist coverage, your insurer stands in for the at-fault driver if that motorist cannot pay as required.

If you delay informing your own insurer, you could jeopardize your ability to access the protection the company provides you (usually you should contact them within 24 hours of a crash). This could cause major problems if the responsible party does not provide appropriate compensation post-crash.

Should I Call the Other Person’s Insurance Company?

If the other person hits your car, is clearly at fault (and agrees that it was their fault), and you were harmed in the collision. In this instance, you should file a personal injury claim through the other driver’s insurance company. A personal injury claim will allow you to file a claim against the other driver’s liability coverage to seek financial restitution for your harms and losses. You should still contact your insurance company as well to let them know about the incident and that you are filing a third-party claim. Whether or not your auto insurance will pay for repairs to your vehicle when someone else hits you, depends on the type of coverage you have and the specifics of the accident. If you are found to not be at fault for the accident, then the person who hit you and their insurance company are responsible for paying for the repairs to your vehicle.

Tips When Talking With the Other Driver’s Car Insurance Company

First, always remember that the primary goal of the other driver’s car insurance company is to pay out as little money as possible. The adjuster wants to find evidence that you were at fault for the accident, or that your injuries are minor (or nonexistent).

Do not discuss how you are feeling, or how bad your injuries might be. Even if talking about the nature and extent of your injuries is a good idea (it is not), it is almost certainly too early to have this kind of discussion. Remember (and remind the adjuster) that some car accident injuries do not show up right away, and minor injuries can turn out to be much more serious than expected.
Do not make any apologies or statements about your role in the accident. Anything you say to the other driver’s car insurance company can serve as a basis for refusing to pay you anything or reducing the value of your claim.
Only answer the question asked. Do not volunteer any additional information or agree to have your statement recorded, whether it is over the phone or in writing. In most instances, the purpose of a recorded or written statement is to lock you into a certain version of events, including the extent of your injuries or property damage.
Do not guess or speculate as to an answer. If you do not know, it is okay to tell the car insurance company that.
Refer the adjuster to your own car insurance company. If you are asked to provide more than just basic details about the accident, ask the adjuster to get it from your car insurance company, or ask to have a representative from your car insurance company’s adjuster on the line during the call.

Pros of Using My Own Insurance Company

You may feel more confident in the service your insurer provides than the service provided by the other driver’s company. The claims process may also be faster because your company does not have to determine fault before sending your check. If you have rental reimbursement on your policy, you can get a rental car right away.

Cons of Using My Own Insurance Company

You will be out of your deductible money, and there is no guarantee that you will get it back.

Pros of Using the Other Party’s Insurance Company

You do not have to pay your deductible and wait for reimbursement. And if you do not have collision coverage, using the other driver’s insurer is the only way to get your damage covered.

Cons of Using the Other Party’s Insurance Company

If the person who hit your car does not have liability coverage or has limits that do not cover your medical expenses, you may end up filing a claim with your insurer anyway. Uninsured and underinsured motorist coverage would pay for treatment of your injuries in this situation, up to your own UM limits. If the other driver’s insurance will not pay enough to cover your car repairs, you can tap into your collision coverage or uninsured motorist property damage coverage, which could be subject to a deductible.

What if the Other Person Has No Insurance?

If you are involved in an accident with a driver who does not have any car insurance coverage at all, you will likely have to turn to your own car insurance company to help cover your losses. Your best bet is Uninsured Motorist (UIM) coverage, which is usually an add-on protection, depending on the state in which you reside. UIM coverage is only required in a handful of states, while insurance companies are required to offer it to customers by law in most states. But note that UIM coverage usually only applies to your car accident injuries; you will probably need to purchase separate add-on coverage (called “Uninsured Motorist Property Damage Coverage” or something similar) in order to cover vehicle repair/replacement after an accident with an uninsured driver; again, depending on the state in which you reside

Will My Insurance Go Up if Someone Hit Me?

Generally, a no-fault accident will not cause your car insurance rates to increase. This is because the at-fault party’s car insurance provider can typically held responsible for your medical expenses and vehicle repairs, but you must file a claim to hold the other driver accountable. If your insurer does not need to fork out money, your premiums will not go up. In almost every state, a no-fault claim is filed against the auto insurance policy of the driver who is at fault. If you are not responsible for an accident and you file a claim against the at-fault party, it is quite unlikely you will see an increase in your car insurance costs. Even if you must file against your own insurance policy, some insurance companies still will not charge you more because of a non-fault claim. However, if you previously caused an accident or made a claim, your auto insurance rates may go up after a no-fault collision.

Written by Kelly Anderson

Reviewed by Patrick Austin, Esq.

July 12, 2023

5 min read

Auto Accident Negotiating with Insurance Companies

If you were recently injured in a car accident, one of your first concerns may be whether you will be responsible for your medical bills and other related expenses. Following a car accident, it is important to determine which motorist is liable for the accident and whether that party has the appropriate car insurance coverage to properly compensate you for your harms and losses. If the liable motorist does not have the appropriate insurance coverage, you may need to rely on your own health insurance and car insurance coverage to help pay for your medical expenses.

Does Health Insurance Cover Car Accidents?

Your health insurance coverage can always be used to treat any kind of injury you suffer, including injuries resulting from a car accident. The same protocol and potential restrictions apply here as with any other kind of medical care you might receive under the terms of your policy or plan. You will need to make sure that the health care provider you see and the kind of care you receive, are covered under your plan. If you are not at fault for the collision, your insurance company will likely work to get the liable party’s policy to absorb the costs of your care. But until all available types of insurance have been exhausted, your health insurance policy will generally not be responsible for paying for your medical expenses. Even when it does pay, you will typically be responsible for your deductibles, copayments, and any charges that your policy does not typically cover.

Medical Expense Benefits (also known as “Med-Pay”)

In some states, drivers can choose to add Med-Pay coverage to their car insurance policy for an additional layer of car accident injury treatment protection. Med-Pay is an optional auto insurance coverage that can help pay for hospital and doctor visits after a crash. Med-Pay coverage works similarly to Personal Injury Protection (PIP) coverage in that it will cover your medical bills regardless of who was at fault for the accident. You may use your health insurance for any remaining medical bills if you do not have Med-Pay coverage in your auto insurance policy. Most health insurance companies have coverage limitations for car accident injuries, and many consider car accident injury treatment a “secondary” coverage. In other words, the health insurance carrier will not cover medical expenses until both the at-fault driver’s insurance company and the accident victim’s car insurance policy have paid for treatment, and or PIP and Med-Pay have been exhausted.

Should I Use My Health Insurance to Pay for Car Accident Injuries?

Your health insurance company can help pay for your car accident injury medical bills (not for lost wages and other damages), but you should use up any PIP and Med-Pay auto insurance coverage you have before you file a claim to your health insurance. There are two reasons for this: The first is that PIP and Med-Pay coverage usually do not have a deductible; a dollar amount you must pay before insurance “kicks in,” unless you have specifically opted for one. The second reason is that most health insurance plans have a “subrogation clause.” This clause states that if you are legally owed any money relating to reimbursement of health care costs, your health insurance company is entitled to that money to recoup its expenses. PIP coverage, as well as money from a liability claim, both fall into this category. So, using your PIP/Med-Pay allotment first saves a step. Also, keep in mind that your health insurance may make a distinction between what is “primary” and what is “secondary” coverage. Primary coverage is the insurance that is used first for initial costs while secondary coverage is what is used to handle any remaining debt. An example would be someone with a $15,000 medical bill and $10,000 in coverage through a PIP policy. The PIP insurance coverage would be used to pay for the first $10,000 of medical expenses as the primary coverage. Your health insurance would be the secondary insurer that pays the balance. The good news is, you can usually put your health and car insurance companies in contact with one another, and they will sort out who should pay what.

When Should I Use Auto Insurance Vs. Health Insurance to Pay for Car Accident Injuries?

Your health provider will typically ask for your health insurance information when you seek medical treatment for injuries related to a car accident. Whether you will also need to access any available coverage through your auto insurance policy will ultimately depend on your specific coverage, the circumstances of your accident, your state’s laws, and if you have private health insurance, Medicare, or Medicaid.

Does Medicare/Medicaid Cover Car Accident Injuries?

In general, Medicare and Medicaid will cover the cost of medical treatment after a car accident, including hospitalization, medications, and other necessary medical services. This coverage is available to eligible individuals who have been injured in a car accident, regardless of who was at fault for the accident. Be mindful that Medicare and Medicaid only pay for your medical costs; not your pain and suffering and other accident-related losses, such as lost income and diminished quality of life. You will need to pursue a claim against the at-fault driver’s insurance carrier to receive full compensation for the accident.

Are There Out-of-pocket Expenses?

Out-of-pocket expenses depend on the type of health insurance you carry. Out-of-pocket expenses include deductibles, copays, and coinsurance. If you have a high-deductible plan, you must meet your deductible before your carrier starts paying your bills. For example, if your health insurance policy has a $3,000 deductible, you would be responsible for paying the first $3,000 of medical expenses upfront, regardless of who was at fault for the collision.

An at-fault Party’s Insurance Company Will Often Attempt to Limit Its Payments to You for Bodily Injury

Auto insurance companies are notorious for limiting their payments for bodily injury, arguing that the parties should share responsibility for the accident and the resulting damages and injuries. This is where your health insurance will come into play, and will be available to cover your expenses according to the terms of your policy.

Written by Valerie Smith

Reviewed by Patrick Austin, Esq.

July 10, 2023

4 min read

Auto Accident

When you have been injured in a car accident, you deserve to be compensated fairly for your harms and losses – but what is fair compensation? Certain damages are straightforward and easily calculated, like the sum of your medical bills, and your lost wages for the days, weeks, or months you were unable to work. These are commonly referred to as “economic damages.”

The other element of compensation is “non-economic” damages, which includes compensation for emotional distress and suffering, as well as things like mental anguish, anxiety, humiliation, and the inability to participate in lifestyle activities or hobbies, either temporarily or permanently.

Pain and suffering damages after a car accident may seem, on the surface to be arbitrary, because they are not easily calculable. However, they should be included in your personal injury claim since they are harms and losses that warrant financial restitution when caused by another motorist’s negligence in a car accident. Pain and suffering damages are often determined via one of two methods: a per diem method or a multiplier method. Both of these are fundamentally negotiable. This blog post will explore how to calculate pain and suffering after a car accident, and how an experienced attorney can help you maximize the money you receive for pain and suffering.

Factors That Impact or Influence Pain and Suffering Damages

Below are some of the major factors that impact the amount of compensation that may be pursued through a car accident injury claim:

Impact of injuries on the accident victim’s quality of life
Impact of injuries on the accident victim’s career and earning capacity
Impact of injuries on the accident victim’s relationships, including loss of intimacy
Length of time accident victim takes to heal or reach maximum medical improvement
Medical treatment necessary
Severity of the injuries and the level of pain involved
Type of car accident (head-on collision, side-impact collision, car vs. pedestrian, etc.)
Types of injuries (broken bones, burn injuries, amputations, etc.).

No matter how pain and suffering damages are calculated, accident victims should use these factors to advocate for and negotiate maximum compensation. If a settlement is not reached and a case goes to trial, the judge or jury will award pain and suffering damages and will consider factors like these in determining award amounts.

Pain And Suffering Damages: The Per Diem Method

One method of determining damages is calculating a daily amount. While this formula can be adequate for injuries that victims can fully recover from, it can be challenging to calculate when injuries result in permanent disability, chronic severe pain, or other severe lasting bodily harm.

The term “per diem” means “per day,” and the “per diem” method of pain and suffering involves agreeing to a per day amount of damages. This could be an amount from the date the accident occurred until the victim completely recovered. For example, if the amount was $100 per day, and the victim took 60 days to recover, then $6,000 would be awarded in pain and suffering damages. The daily rate will vary based on the severity of injuries.

Pain and Suffering Damages: The Multiplier Method

The most common way of calculating pain and suffering damages is multiplying the damages calculated for medical expenses and lost earnings by a number (“the multiplier”). The amount of the multiplier, an amount between 1.5 and 5 depending on the severity of the injury and other factors, is then multiplied against the amount of economic damages. For example, ff you had $20,000 of economic damages and your multiplier was 2, your non-economic damages would be $40,000. Because this method is negotiated, having an experienced lawyer advocating for you can make a significant impact in the outcome of your case.

Insurance Companies Love to Downplay Pain and Suffering

Insurance companies often tell accident victims that they are being fairly compensated for medical expenses and lost earnings. However, economic damages do not address the serious impact injuries have on an individual’s life.

Do not let an insurance company compensate you for medical care and lost earnings, but fail to fairly compensate you for your physical pain and emotional hardship. Before you accept any compensation for your injuries, speak with an experienced lawyer.

How a Personal Injury Lawyer Can Help

Pain and suffering damages are susceptible to being undervalued because insurance companies focus on their bottom line. Because they are a significant part of a personal injury claim following a car accident, they should not be overlooked. The burden lies on you, the accident victim to make your case for pain and suffering damages. However, you do not have to advocate alone. An experienced personal injury lawyer can negotiate fair compensation for you. Before you make any decisions about your case, including accepting a settlement offer, schedule a no-cost, confidential consultation with an experienced personal injury lawyer.

Written by Kelly Anderson

June 30, 2023

5 min read

Auto Accident

If you were injured while riding as a passenger in a vehicle, you almost certainly did not anticipate that your safety and health would be in jeopardy. You placed your trust in the hands of the driver, and you expected that others on the road would drive with care and caution. When other people’s negligent actions harm you, you have the right to hold them accountable through legal action. If you have suffered injuries as a passenger in a car accident, you could be eligible to pursue an insurance claim or a personal injury lawsuit against the person whose negligence caused the crash, whether it was the driver of your vehicle, another motorist, or someone else.

Who will pay my medical bills?

Depending on the circumstances, you might be covered by your own auto and insurance policies, another party’s car insurance policy, or both. If you’re a passenger injured in a car accident, you might file a claim against: the liability insurance coverage of the driver or owner of the car you were riding in, and the liability coverage of the driver or owner of any other vehicle involved in the accident. You can’t collect from both drivers and owners more than your claim is worth, but if one driver or owner is uninsured or underinsured you can make up the rest of your losses (called “damages“) from another (Goguen, 2022).

Your own insurance

In most cases, the insurance of the person who was at fault for the accident pays for your damages. But you might need to file a claim under your own policy in some situations (instead of or in addition to other claims), including when: the responsible drivers or owners do not have insurance or do not have enough insurance to pay for your losses, and you want payment to cover your medical bills right away.

What are my rights if I was a passenger with a driver who is at fault?

Your rights as a passenger in a vehicular accident are much the same as they are when you are the driver; your expenses including medical bills, pain, and suffering, and so on should be paid for by the driver at fault. It does not matter if the person at fault was driving the vehicle that you were in or another car involved in the accident.

At-Fault Passenger Claims

If you claim under the car insurance policy of the at-fault driver, it classifies as a third-party claim. Passenger injury claims proceed in the same manner as any car accident claim. Unlike drivers, a passenger may make claims against both drivers if both share fault in the accident that caused their injuries. If one driver bears no responsibility in the accident, such as during a rear-end crash, the passenger may only file a claim against the driver who hit the car in front of them.

Fault-Based States

In an at-fault state, the at-fault driver’s bodily injury liability insurance will cover your medical expenses by reimbursing you or your health insurance for any incurred costs. If they do not have enough coverage to pay for all your bills (or worse, they do not have car insurance at all) you may need to use your own benefits, such as Med-Pay or uninsured motorist coverage, to help cover additional medical expenses.

No-Fault States

If you live in a no-fault state, you will need to file medical claims directly with your PIP coverage. You can reach out to your insurance agent and they can help guide you through the process of filing a PIP claim. Once you have met the limits of your PIP coverage, the other driver’s liability coverage would step in to pay additional expenses, up to the limits of their policy.

If the driver has a lawyer, do I need to hire the same lawyer as the driver?

If you, the driver, and the lawyer are sure there is no conflict of interests (such as liability issues of who was at fault) between the parties, then there is not an issue hiring the same lawyer. However, if there was any doubt regarding that, then the passenger should be referred out to another counsel. This does not make any difference to the insurance company in terms of settlement if there are no conflicts with liability.

Personal Injury Protection (PIP)

Personal Injury Protection (PIP) is an extension of car insurance available in some U.S. states that covers medical expenses and, in some cases, lost wages and other damages. PIP is sometimes referred to as “no-fault” coverage, because the statutes enacting it are generally known as no-fault laws, and PIP is designed to be paid without regard to “fault,” or more properly, legal liability. You can use your own PIP coverage if you have it, a relative you live with, the driver of the vehicle you were with, or the other third-party driver that was involved in the accident (Ullrich, 2023).

Med-Pay Coverage

This is an option in states where Personal Injury Protection (PIP) insurance is not available. Many car insurance policies pay up to certain limits for accident-related medical bills, no matter who was at fault for the accident (called “medical payment” or Med-Pay coverage). If you have Med- Pay, your medical bills are covered when you are driving or riding in the insured car or anyone else’s car (Jones, 2023).

Your own health insurance

You can always use your own health insurance to pay for your car-accident-related medical care. But if you do rely on your own health coverage to take care of your medical bills, and then you receive compensation for your injuries from another party’s insurer, you might have to repay your health insurance company for some or all the bills its covered. If you have the option of paying your bills through your health plan or car insurance coverage (like Med-Pay or PIP), figure out if one option requires reimbursement and another does not. You will probably want to go with the one you do not have to repay. Your insurer might have the right to get reimbursed (paid back) from another party’s insurer. The insurance companies will probably work behind the scene to reach an agreement about how to split the costs.

Written by Valerie Smith

Reviewed by Patrick Austin, Esq.

June 19, 2023

5 min read

Auto Accident

The term whiplash describes an injury to the neck that occurs when the neck is bent forward and then backward, rapidly. Whiplash injuries or whiplash-associated disorders (WAD) are one of the most frequently reported injuries resulting from a car accident. They can affect different parts of the neck, including muscles, nerves, disks, and tendons. Most whiplash injuries are soft-tissue based, without damage to bones or vertebrae.

Whiplash is sometimes described as an invisible injury – meaning there is no obvious external injury, such as a broken bone, bruising, or bleeding. Even without an outward visible injury, injuries can be severe and long-lasting, or even permanently disabling. If you suffered a whiplash injury in a car accident that was not your fault, you may be entitled to financial restitution for medical care, lost earnings, and pain and suffering.

Causes of Whiplash Injuries

The primary cause of whiplash injuries is car accidents and truck accidents, specifically rear-end car accidents and truck accidents. Immediately upon being struck from behind from a vehicle, the head is hyperextended and the neck is flexed beyond normal range of motion, causing the spine to “whip” backward and then forward. Although car accidents are most common, any type of accident that involves rapid acceleration and deceleration can cause a whiplash injury, including:

Slip and fall accidents
Contact sport accidents
Physical abuse, including nursing home abuse.

Individuals who have had previous whiplash injuries, existing back or neck pain, or who are older in age are at risk for a more severe outcome than those who are younger or have no prior injuries or pain.

Symptoms of Whiplash Injuries

Symptoms of whiplash may or may not appear immediately following a car crash or other accident. Some of the symptoms to keep an eye out for following an accident include:

Blurred vision
Dizziness
Fatigue
Headaches
Limited range of motion in the neck
Memory problems
Muscle spasms
Neck pain (with or without movement)
Numbness in arm or hand
Pain in arm or hand
Ringing in the ears
Shoulder pain
Stiff neck
Irritability
Depression or anxiety.

Symptoms of whiplash injuries vary in severity, as well as length of time. In many cases, symptoms subside within a few weeks or months. For others, injuries may be long-lasting and it may take much longer to feel better. Some people report residual neck pain and headaches for years following an accident.

How Are Whiplash Injuries Diagnosed

Diagnosis of a whiplash injury is beyond the scope of any website and must be done by a doctor or health care provider. Along with a physical exam, the following diagnostic imaging may be prescribed:

X-rays
MRIs
CT Scans

If you were involved in an accident and suspect a whiplash injury, do not delay seeking medical attention – especially if you are experiencing any neurological symptoms such as tingling, numbness, or weakness.

Treatment of Whiplash Injuries

There is no standard treatment – treatment of an injury will vary based on the severity of symptoms, as well as the individual’s age and general health. Typically, treatment of a whiplash injury will include:

Rest
Applying ice or heat (cold and hot therapies)
Non rigid neck support collar to limit range of neck mobility
Nonsteroidal anti-inflammatory drugs (NSAIDs) such as ibuprofen
Muscle relaxers
Physical therapy
Pain management.

Surgery is not required in most cases. However, if you suffered a ruptured disc, herniated disc, or spinal stenosis, you may need surgery.

Understanding Damages: How Much is a Whiplash Injury Worth?

If you have suffered a whiplash injury in a car accident that was not your fault, you may be entitled to financial restitution for your harms and losses. Recoverable damages are available for medical care and treatment, lost earnings, and pain and suffering.

The amount of damage you may be entitled to recover for a whiplash injury will depend on the severity of the injury, and how much it impacts your life. Although it is possible the insurance company will offer you a settlement without an attorney, you will likely be able to recover far more compensation if you have a lawyer advocating for you.

Why It’s Important to Seek Medical Treatment Right Away

Because whiplash is a soft-tissue injury, it is important that car accident victims seek medical treatment promptly. If you feel any soreness, stiffness, or pain, you should never “wait and see” if you feel better. You want to see a doctor as soon as possible.

Tell your doctor every symptom you are experiencing, so that they can document it. If they recommend a follow-up visit with a specialist, or physical through, follow-through on your doctor’s recommended treatment.

If you wait days or weeks to report your injury, or fail to complete the recommended treatment or follow-up care, the insurance company may dispute your claim, and may suggest your injuries are not as severe as you claim. Your medical evaluation is both necessary for your well-being, and documenting your injuries for your personal injury claim.

Understanding Your Rights After a Soft-Tissue Injury

After any car accident resulting in injury, accident victims are well-advised to speak with a personal injury lawyer as soon as possible. Do not provide a statement to the insurance company without speaking with an attorney first. Because it is very common for people to feel worse before they feel better, you do not want to tell your insurance adjuster you are feeling better or that you are feeling “fine,” as this can be taken out of context and used against you. Once you hire a lawyer, they can speak for you and advocate for the best outcome for your case.

How Much Does a Personal Injury Lawyer Cost?

Car accident victims can hire a qualified and experienced attorney with no out of pocket payment. Personal injury lawyers represent clients on a “contingency fee basis,” which means they are paid a percentage of the recovery (settlement or verdict), with no up-front costs or fees. If you are ready to take the first step, arrange a free, no obligation, confidential consultation with a personal injury lawyer today.

Written by Rachael Goldstein

Reviewed by Patrick Austin, Esq.

May 20, 2023

4 min read

Auto Accident

Ensure Safety and Check for Injuries

Immediately after the accident, your top priority should be ensuring the safety of everyone involved. If possible, move your car out of the way of oncoming traffic. In addition, if possible,, turn off your car’s engine, turn on hazard lights, and check yourself and any passengers for bodily injuries.

Contact the Police and Emergency Services

Next, call the police. They will respond to the scene of the accident and create a formal report of the incident. This is crucial if you later decide to file a car accident injury claim. If you notice any visible injuries, make sure to tell them when you call so they can send an ambulance quickly.

Stay Calm and Gather Information

Although emotions may run high after a car accident, it is crucial to stay level-headed and focused. Use this time to gather necessary information, including:

The other driver’s name, license number, and insurance details
Vehicle details for all cars involved (make, model, and license plate)
Time and location of the accident
Photos of damages to both cars and the accident scene
Contact information of any witnesses

Having this information will be useful if you choose to make an insurance claim or file a personal injury lawsuit later on.

Document the Accident

Capture as much evidence as possible. Take clear photos of your vehicle’s damage, any other vehicles involved, and debris or skid marks on the road using your smartphone or camera. Make sure to also snap pictures of relevant traffic signs, intersections, or any other elements that may help provide context for the accident. In addition, if you have visible bodily injuries, take photos to properly document the physical harm inflicted during the collision.

Seek Medical Attention

Even if you don’t feel hurt right after an accident, you should still see a doctor right away. Some injuries, like whiplash or internal ones, might not hurt or show symptoms right away. A medical professional will be able to identify and treat any immediate needs, and they can also inform you about potential future symptoms to be aware of.

Some common delayed symptoms include:

Headaches, which could signal a concussion.
Neck and back pain, which may be a sign of whiplash or spinal injury.
Abdominal pain, which could indicate internal bleeding.
Emotional distress and anxiety, which may be symptoms of post-traumatic stress disorder.

By seeking medical attention promptly, you can address these issues and avoid long-term effects on your health. It’s essential to keep records of all the medical treatments related to the accident, as these will be helpful in an insurance claim or in a personal injury lawsuit.

Report the Accident to Your Insurance Company

Notify your automobile insurance company as soon as possible after the accident, even if the other driver was at fault.

Consult and Hire a Personal Injury Lawyer

Hiring a personal injury lawyer is crucial if you’ve sustained injuries in a car accident caused by another driver. A competent and experienced lawyer will help you in the following ways:

Investigating the accident: A thorough investigation of the accident is crucial to determine the responsible parties and to collect relevant evidence. A lawyer can work with experts such as accident reconstruction specialists to gather information about the accident and build a strong case in your favor.
Assessing damages: An experienced lawyer can help determine the value of your claim by reviewing medical expenses, lost wages, pain and suffering, and other damages you may have incurred. This enables your lawyer to demand the appropriate compensation from the responsible parties or their insurers.
Negotiating with insurance companies: Dealing with auto insurance companies can be tough for someone without legal knowledge, as their main objective is to settle claims for the smallest amount possible. A car accident lawyer is well-versed in the tactics used by auto insurance companies to minimize payouts and they can negotiate effectively to protect your interests.
Taking legal action: If negotiations with insurance companies are unsuccessful and a fair settlement cannot be reached, your lawyer can file a lawsuit and present your case at trial. Taking legal action may be necessary for you to receive appropriate compensation, and an experienced lawyer will help you pursue this option if needed.

Importance of Not Admitting Fault at the Scene

No matter what you are thinking, avoid admitting fault at the scene of the accident. An official investigation will determine the responsible party, and any admission of guilt could be used against you later. Always keep any thoughts or comments to yourself.

No one ever expects to be in a car accident, but it is important to know what steps to take if you find yourself in this situation. Acting quickly in seeking legal counsel should be a top priority, especially if the accident was not your fault and you suffered harms and losses as a result of the collision. This will help you obtain any compensation that is available to you.