There are a variety of injuries that can result from a car accident, one of the most common of which is whiplash.
This soft-tissue injury of the neck occurs when the head and neck are jerked in one direction and then another in a whip-like motion. For instance, if you are struck from behind by another vehicle, your body will begin traveling in a forward motion before coming to an abrupt stop, whipping your head and neck to a stop as well.
Some of the most common symptoms of whiplash can include:
- Neck pain
- Stiffness and reduced range of motion in the neck
- Blurred vision
- Back pain
- Difficulty sleeping
- Pain or discomfort in the arms or legs
Although whiplash may not be externally visible with a cut or bruise, it can still cause severe discomfort and pain that can disrupt your daily life. For this reason, you should always make sure to include your whiplash injury in your claim for compensation after a vehicle collision in Windsor.
When filing a claim for whiplash, keep these tips in mind:
Seek Immediate Medical Care
If you have been injured in a car accident, your health should always be your priority. You should not hesitate to seek medical care immediately after an accident, even if you do not feel that you have been injured.
Often, because of the adrenaline in your system during an accident, you may not realize you have suffered a whiplash injury. These types of injuries can take several hours or days to present themselves.
Obtaining medical care as soon as possible after an accident or after realizing you are experiencing the symptoms of whiplash can help ensure you receive the medical care you need.
This can also establish a medical record of your injury, which will link your injury to your accident. This is important because it prevents the insurance company from attempting to claim that your injury was caused by something other than your accident.
Document Your Medical Care and Expenses
Throughout your medical treatment, you should obtain copies of your medical records and document all of the treatment you have received. This will be vital to building your claim and proving the extent of your injuries.
If you have paid for any medical expenses, including doctors’ visits, hospital stays, MRIs or other tests, a neck brace or other medical equipment, or anything else related to your injury and treatment, you should keep detailed records and copies of all of your bills and receipts.
You may be able to obtain reimbursement for these expenses, but you will need proof of how much you paid and that these were required for your injury.
Document the Accident
When filing a whiplash injury claim, evidence of the accident and your injuries will be vital. In addition to ensuring you have the proper documentation of your medical care, you should also:
- Take photos of the accident scene and your injuries
- Obtain the contact information for witnesses
- Request a copy of the accident report
- Write down everything you remember about the accident and the moments leading up to it
- Keep a journal detailing how your injuries affect your daily life
File an Insurance Claim as Soon as Possible
If you are injured in an accident, you should notify your insurance company as soon as possible to begin the claims process so there is no delay in receiving the compensation you need.
Because Ontario utilizes no-fault insurance, you will be filing a claim with your own insurance company. However, this does not mean the insurance company is on your side. You should make sure to cooperate with the insurance adjuster’s requests, but be careful about what you say.
Some tips for dealing with an insurance adjuster include:
- State the facts of the accident and nothing more – do not exaggerate or lie about what happened or the injuries you have suffered
- Do not downplay your injuries
- Never admit fault for the accident
- Only settle a claim if you have recovered from your injury and are sure that all of your medical bills are paid for
- Speak with a lawyer if you feel your rights have been violated
Legal Help with Your Whiplash Injury Claim
If you are having trouble obtaining the compensation you need for your whiplash injury, an experienced personal injury lawyer can help.
The lawyers at Greg Monforton & Partners have decades of experience working with insurance companies on behalf of injury victims. We understand how they work and what it takes to build a strong claim to obtain the compensation you deserve.
To learn more about how we can help you, do not hesitate to contact us for a free consultation. We will review the details of your claim and determine the best legal options for you. If we take your case, we will not charge for our services unless we recover the compensation you deserve.