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You are here: Home / Blog / 5 Steps to Take When Filing a Whiplash Injury Claim After a Car Accident

5 Steps to Take When Filing a Whiplash Injury Claim After a Car Accident

August 5, 2020 by Christopher

Whiplash can cause a lot of pain, nausea, confusion, and in some cases memory loss. Here are 5 steps to take when filing a whiplash claim after a car accident.

Whiplash is a soft tissue injury to the neck. Although it may seem like a small deal, it’s far from it. It can result in a lot of pain, nausea, confusion, and in some cases in memory loss.

To make matters worse, whiplash doesn’t always present immediate symptoms. When your condition is caused by a car accident and you have the right to get compensated, it’s essential to take these 5 steps to be successful: 

man with chronic pain after a car accident

1. Go to the Doctor

Even if you believe you’re fine after the accident and may have gotten away scot-free, it’s still a good idea to seek immediate medical attention. Whiplash and other conditions may not present symptoms right away, and you could be making matters worse by not seeing a professional.

It will also make for a stronger case. The more you wait, the more opportunities you give the insurance company to poke holes in your claim and think of other events that may have lead to whiplash or at least made it worse.

2. Choose the Right Doctor

After a car accident, you may not be able to see your own doctor, especially if you want to file a compensation claim. For one thing, your doctor may not be very experienced with trauma injuries like those resulting from a car accident. 

There are a lot of practices that not only specialize in such injuries but can also help you put together a case for the insurance company by preparing all your relevant medical documents.

3. Start Gathering Evidence As Soon As Possible

Apart from your medical files, you’ll also likely need other pieces of evidence to create a strong case, such as:

  • Photos from the scene 
  • Witness testimonies
  • Surveillance footage
  • Medical history records
  • Driving records, etc.

Some of this evidence is time-sensitive, such as the photos of the scene. Skidmarks can fade away, witnesses can be hard to track down after the fact, so it’s best to start taking photos of the scene right after the accident if possible.

4. File an Injury Claim As Soon As Possible

The longer you wait, the harder it will be to argue your case. Even you may start to forget the details of the case, which can create inconsistencies in your story.

5. Don’t Talk to the Insurance Company – Talk to a Lawyer Instead

The at-fault party’s insurance company will try to contact you over the phone to talk about your case. It’s important to understand that nothing is off the record and anything you say will be used against you by the insurance company.

Instead of discussing the case with the insurance company, reach out to an experienced St. Louis car accident attorney for assistance in building your case and negotiating your settlement. It’s your best shot at winning your whiplash claim and getting properly compensated for all of the expenses you are legally entitled to.

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Filed Under: Blog Tagged With: whiplash

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    Copyright © 2021 The Hoffmann Law Firm L.L.C.
    The images included on this site are not actual attorneys, events, or clients. The choice of a lawyer is an important decision and should not be based solely on advertisements. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.Attorney Chris Hoffmann handles car and truck accident claims throughout Eastern Missouri and Western Illinois. He represents injured clients in St. Louis, St. Charles, St. Peters, Clayton, East St. Louis, Alton, Hillsboro and Belleville, and other cities in St. Louis County, St. Charles County, and Jefferson Country, MO, and St. Clair County and Madison County, IL.