Whiplash, a relatively common neck/upper back injury, most often results from car accidents, although it can also result from a sporting accident, physical abuse, a blow to the head, a cycling accident, or a fall. An estimated 3 million people sustain whiplash injuries each year, roughly half of which stem from auto accidents, according to the Spine Research Institute of San Diego (SRISD). If you have whiplash from a How do I prove the severity of my injuries?
Our firm has helped numerous victims successfully pursue whiplash car accident claims and lawsuits in Georgia. In our experience, the more thorough your evidence, the more compelling your case will be and the greater the likelihood that you will win your settlement.
There are several key pieces of evidence that can be very instrumental in proving the severity of your injuries.
- Medical documentation – You will want a paper trail of medical records that shows that you sought treatment right after the accident, you were diagnosed with whiplash, and you have continued to seek and follow through with treatment. You will want to collect any type of documentation that is related to your injury including your medical charts, hospital admission forms, results from your diagnostic tests (x-rays, CT scans, blood work, etc.), notes and prognoses from your primary doctor and any specialists you see, prescriptions and other proof of treatment, follow-up appointments, and recommended future treatments. Essentially, you want to be able to show the insurer or court a pattern of consistent treatment after the accident.
- Expert testimony – Your attorney can obtain a testimony from a medical field expert who can provide his/her opinion about the severity of your injury. Insurers and courts place a lot of value on credible experts’ input. If you decide to consult our car accident attorney, we will help you connect with a medical expert that handles challenging cases such as whiplash.
- Injury journal – If you have not done so already, you will want to begin keeping a journal to document your injuries. At least twice daily, jot down information about how you are feeling, what your pain levels were, and what kind of limitations you experienced. You might also note any treatments you underwent and rate their efficacy. This journal can be used to support the extent of your injuries and the validity of your claim.
How do I prove my injuries are not preexisting?
One of insurers’ commonly used tactics when denying whiplash-related car accident claims is to say that the victim’s injuries were preexisting. You will need to prove otherwise. You can do this by gathering and presenting your past medical records to show that you did not, in fact, have any previous whiplash or neck injuries.
That being said, what if your whiplash injuries legitimately resulted from the accident, but do have some preexisting injuries on your record? This may complicate your claim, but it does not necessarily discredit it. If your whiplash injuries are completely different from your old injuries or if your new injuries exacerbated your prior injuries, you can still recover damages. A medical expert can be used to show proof that your current condition (and subsequent damages) is related to your recent car accident.
Where do I get help for my car accident case?
Because collecting damages for whiplash-related injuries is so challenging and the process can be very complicated, it is crucial to have an attorney facilitate your case. You will need a legal professional’s assistance to fight allegations that your injuries are fake, preexisting, or exaggerated, and pursue the funds you are rightfully due.
For more information, feel free to download our free eBook, The Ultimate Guide to Injury Cases in Georgia – The Truth about Your Injury Case. You can also call our office and schedule a consult with attorney Jason Schultz who has decades of experience helping injured victims recover the settlements they deserve. Contact us today at for a free case evaluation.
