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Suffered a Whiplash Injury in a Car Crash? Know Your Rights.

Suffered a Whiplash Injury in a Car Crash? Know Your Rights.

Feb 22, 2023

Even if you are a safe, attentive driver, there is always a risk that you could be involved in a serious collision. The North Carolina Division of Motor Vehicle (DMV) reports that 105,382 were hurt in automobile accidents in the state in 2020 alone. Whiplash is one of the most common types of car accident injuries. It can be painful, debilitating, and difficult to deal with in the claims process. Here, our car accident lawyers provide a guide to whiplash injury claims in North Carolina. 

What is Whiplash?

The National Institute of Neurological Disorders and Stroke defines whiplash as “a soft tissue injury to the neck.” Most often, it occurs due to a rapid back-and-forth movement of the head. Auto accidents are among the leading causes of whiplash. Symptoms can include neck pain and stiffness, headaches, dizziness, and difficulty concentrating. Treatment options include physical therapy, pain medication, and sometimes surgery. It is important to seek medical attention if experiencing symptoms of whiplash. 

Car Accident Claims Tip: Whiplash injuries frequently arise with delayed onset. Make sure you get a possible neck strain evaluated right away. You may have a more severe whiplash injury than you recognize. 

You Have the Right to Seek Compensation for Whiplash After a Crash

If you have been involved in a car accident and have suffered from whiplash, you have the right to seek compensation for your injuries. In North Carolina, injured victims can seek financial relief for economic losses and non-economic damages. Sadly, you can’t trust insurance companies to handle your case properly. You need a top-rated car accident lawyer on your side. You may be entitled to seek financial compensation for: 

  • Property damage (vehicle repairs);
  • Ambulance costs and emergency room care;
  • Hospital bills and other health care costs;
  • Rehabilitative treatment; 
  • Lost wages and diminished earning power; 
  • Pain and suffering; and
  • Long-term disability.  

Why Whiplash Claims Can Be Challenging (and What to Do About it) 

Whiplash claims can be challenging due to the subjective nature of the injury, which can make it difficult to prove the extent of the damage. Insurance companies may try to undervalue the claim by arguing that the symptoms are minor or that the injury was pre-existing. They may also question the cause of the injury, for example, if the accident was not severe enough to cause whiplash. Here are three steps to take to put yourself in the best possible position to maximize your financial compensation if you suffered whiplash in an automobile accident in North Carolina: 

  1. Seek Immediate Medical Attention and Follow-Up Care: If you suspect that you have suffered from whiplash after a car accident, it is important to seek medical attention as soon as possible. A doctor will be able to diagnose your injury and provide an appropriate treatment plan. This will also help to document your injury, which can be important in the event that you need to file a claim. It is also imperative that you follow-up with your doctor and attend all scheduled appointments to ensure that your injury is healing properly.
  2. Report and Document the Collision: After a car accident with a suspected whiplash injury, it is crucial that you report the collision to the police and notify your insurance company. Obtain the other driver’s contact and insurance information, and document the scene of the accident, including the location, the weather, and the road conditions. Take pictures of the damage to your vehicle, as well as any other evidence that may be relevant to your claim.
  3. Speak to a North Carolina Car Accident Lawyer—Before an Insurer: Before speaking to an insurance company, it is important to speak to a North Carolina car accident lawyer. A lawyer can help you navigate the legal process and ensure that you receive fair compensation for your damages. Medical records are one of the keys to getting a full settlement offer in a whiplash injury claim. 

Schedule a Free Consultation With a North Carolina Car Accident Attorney Today

At Paynter Law, we are here to help you earn back every penny that you deserve. Our North Carolina personal injury lawyers have helped victims and families secure more than $500 million in financial verdicts and settlements. If you or your loved one suffered whiplash in an accident, we are here to help. Contact us today for a no-cost, no-obligation consultation. Our firm represents injured victims throughout the area, including in Hillsborough, Durham, Raleigh, and Greensboro.