Can Whiplash Be Proven?
It is possible for a Los Angeles car accident lawyer to prove you suffered whiplash in a vehicle crash. In some cases, it is enough to show the insurance company for the other driver that you suffered from common symptoms of whiplash. In others, your only opportunity for financial compensation is proving the severity of your whiplash injuries at trial.
Dealing with the consequences of severe whiplash can be a long and costly ordeal. Thankfully, a successful injury claim could defray these costs and result in the financial compensation you deserve. Reach out to Ellis Injury Law to discuss your options following a whiplash injury.
Symptoms of whiplash
Whiplash claims generally start with identifying relevant symptoms. While no two whiplash cases are the same, there are a set of conditions that are similar to all whiplash injuries. These symptoms include:
- Neck pain
- Back pain
- Tingling in the arms
- Numbness in the arms
- Loss of range of motion in the neck
- Headaches
- Trouble sleeping
- Dizziness
- Blurred vision
- Fatigue
Exhibiting these symptoms can provide strong evidence that you are suffering from whiplash. Experienced Los Angeles car accident lawyers can advise you on how to best pursue compensation for your injuries.
Diagnostic challenges
The major challenge with whiplash – and any soft tissue injury – is the difficulty in identifying the injury using diagnostic technology. Unlike a broken bone, soft tissue injuries like whiplash are not visible on X-ray scans. Because of the lack of obvious visible evidence, insurance companies are more likely to claim your injury is not as serious as you allege or even that it does not exist at all.
There are some diagnostic options available, however. Tests like CT scans and MRIs provide a comprehensive look within the body. These tests can identify not only issues with bone but with the tissue as well. Using these scans, it is possible to show an insurance company that your whiplash injury is real.
Methods of establishing whiplash at trial
If the insurance company does not accept the scope of your injury, it will ultimately be up to the court to decide if you are entitled to compensation. The good news is that your California car accident attorneys have an array of tools to establish the severity of your whiplash. These tools include:
- Medical expert testimony. Arguably the strongest evidence is testimony from a doctor that reviews your injuries or your medical records. Your doctor can explain to the court the signs of whiplash and confirm the symptoms that you have complained of. Your doctor can also testify as to the medication they prescribed to you after your accident. This is often relevant, as strong painkillers can serve as evidence of the severity of your injuries.
- Testimony from loved ones. One of the tools of establishing a whiplash injury is to show its effect on your everyday life. Your friends and family can testify about how your injury prevented you from returning to work, caring for a child, or enjoying your free time. The impact on your life the injuries have had is also relevant when determining the amount of compensation you are entitled to.
- Police and witness reports. The details of the crash are also useful. In many cases, the police will perform accident reconstruction investigations to estimate the speed the vehicles were traveling. High-speed impacts are more likely to result in these injuries. In addition to the police report, the account from other witnesses could also address the severity of the crash.
Contact an attorney to discuss your whiplash injury
While establishing your whiplash injuries is possible, it is often challenging. To ensure you recover monetary damages, it is in your best interest to work with experienced legal counsel. The right attorney can make an enormous difference in succeeding in your claim.
At Ellis Injury Law, we look forward to evaluating your case and advising you on your legal options. Our attorneys have extensive experience with whiplash injuries, and we understand how to best help you maximize your financial recovery. To get started, call Ellis Injury Law right away and schedule a free consultation.