Whiplash injuries are some of the more underestimated injuries, especially because symptoms often do not appear right after the accident. It may be days before you see symptoms including pain, numbness, and stiffness in the neck and shoulder muscles. Bigger challenges may lie ahead, however, when you try to file a claim for damages after suffering whiplash from a car accident.
What are the possible defenses to a whiplash injury claim?
You can expect the defendant’s attorney to allege that your injuries are exaggerated, do not affect your life in the manner that you claim they do, or were not the result of the accident in question at all. Therefore, you must provide strong evidence linking your whiplash injuries to the accident, and establishing their impact on your life. Remember, you might find several of the defendant’s allegations bizarre and unfounded, but it is important to prepare for the following, so that you can put up a strong defense.
Your injuries have already been treated.
- Symptoms of whiplash are often chronic and constant, and they can continue for months after the injury has occurred. However, you can expect defense lawyers to claim that most people who suffer whiplash injury are completely healed within four to six weeks.
The accident did not cause your injuries.
- The defendant may claim that your injuries were pre-existing, and had nothing to do with the accident that you suffered. The lawyers could even claim that you did not suffer an injury at all.
The impact of the accident could not have caused the injury.
- Lawyers may try to claim that your accident was a low-impact accident, and therefore, could not have resulted in the kind of injuries that you are claiming compensation for. They might claim that a low-impact accident at low speeds could not have possibly caused injuries so severe that they prevent you from going back to work.
You are exaggerating your symptoms.
You can also expect lawyers to come right out and say that you are exaggerating the symptoms in order to recover a higher settlement amount, or that you are lying about needing to continue treatment several months after the injury has occurred.
Your injuries have not had a major impact.
- You can also expect defense lawyers to claim that your injuries have not had as severe an impact on your life as you claim they have. For instance, if you are claiming diminished earning capacity because your whiplash has made it impossible for you to return to your former job, you can expect lawyers to claim that your injuries have not affected you as much as you claim.
How do I deal with the challenges presented in my whiplash injury claim?
Your attorney must present substantial evidence linking your injury with the car accident that occurred. Medical tests, especially the results of CT scans, MRI scans, and electromyography scans can provide evidence of the existence of the injury.
Your attorney must also present evidence that clearly debunks the theory that your whiplash injuries could not have been caused in a low-speed or low-impact accident. Chronic injuries can and do occur in moderate-speed accidents.
If you have suffered whiplash injuries in a car accident, you may qualify for compensation for your medical expenses, lost income, and other losses. Discuss how you can establish liability by discussing your case with a car accident lawyer. Call 424-242-5595 to speak with car accident attorney Max Meyers and identify all of the parties liable in your claim. Schedule a consultation with a legal professional at Max Meyers Law PLLC today.