Whiplash Injuries in a Car Accident

Man with whiplash injury after car accident
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Whiplash Injuries in a Car Accident

Whiplash is one of the most common injuries you can get from a car accident. You’ve seen movies and news shows where an accident victim walks into court wearing a neck brace. As soon as we see people with a neck brace, we automatically think they’re trying to look hurt. A lot of people look at whiplash as a fake injury. This is because it’s impossible to prove you have it. The only way to prove you have it is to get a doctor to testify on your behalf.

Whiplash is one of the most minor injuries you can have. It’s caused by your head being thrown forward and backward. The impact of your accident forces your head and neck to stretch too far. When this happens, you get whiplash.

Whiplash can be painful. It usually resolves itself within a few days. There’s no treatment for whiplash. Other than some painkillers, there’s nothing a doctor can really do for you. They don’t show up on x-rays or MRIs. The doctor has to take your word for it.

Whiplash Injuries in Boston

If you’ve suffered whiplash, your car accident attorney will demand compensation. Because whiplash is considered a fake injury by many people, juries are usually skeptical when a plaintiff claims he has whiplash. People think you are exaggerating your injuries. Or they think you’re trying to get money in a lawsuit. It’s even harder because whiplash is impossible to prove.

Massachusetts does offer damages for whiplash claims. When you file an insurance claim for whiplash, it could be denied. This is because the insurance company will claim it isn’t a legitimate injury. They’ll argue that it wasn’t caused by the accident. Either way, you’re going to have to prove your injuries. This is where having an experienced car accident attorney helps.

The proof you have is your doctor’s testimony. Your Boston car accident lawyer will ask your doctor to testify as a medical expert. Your doctor can attest to your pain and complaints. He’ll testify that, in his professional opinion, you have whiplash.

You Will Need Help After a Boston Car Accident

If your lawyer can’t settle your claim, you’ll have to file a lawsuit. Massachusetts gives you three (3) years to file your lawsuit. This is called the statute of limitations. However, just because the law gives you three years, you shouldn’t wait three years.

Contact a Boston car accident lawyer right away. The faster you file, the sooner you can settle. If you wait too long, you might run into the following issues:

  • Will be hard to prove you were hurt
  • You may lose your paperwork and records
  • Eyewitnesses may no longer be available
  • You want your doctor’s testimony to be fresh – it gets stale over time
  • The other party could disappear (they could die, file bankruptcy, retire, etc.)

Contact the Jon Soto Law Firm Today

If you’ve suffered whiplash in a car accident, you’re gonna be in some pain. You might miss a few days of work. You’ll probably have to wear a neck brace for a week or so. Your doctor may have you go to a few sessions of physical therapy. You’ll need to focus on your recovery. Let your car accident attorney focus on the legal side of things.

When you first meet with your lawyer, he’ll discuss possible damages. Damages are basically the economic and non-economic losses you suffered because of the accident. Some damages common with whiplash injuries are:

  • Medical bills (past, present, and future)
  • Time off from work
  • Personal property damages to the car
  • Pain and suffering

Medical bills are easy to prove. So are lost wages. Your lawyer with the Jon Soto Law Firm will submit proof of your hospital records. He may ask your doctor to testify on your behalf.

It is also easy to prove lost wages. All you have to do is submit time cards and attendance sheets showing your time missed from work.

Massachusetts does offer pain and suffering. They’re pretty strict when it comes to this type of damages. In order to demand pain and suffering, you must show that you’ve suffered at least $2,000 in actual damages.

Pain and suffering are intended to compensate you for non-economic losses. This includes things like anxiety, depression, fear, loss of social interaction and the like. With a whiplash claim, there isn’t a lot of pain and suffering.

This is why attorneys like to settle whiplash claims. You might get a few thousand dollars to make the claim disappear. Contact the Jon Soto Law Firm today and schedule your initial consultation. It’s absolutely free and you pay nothing until you win your case.

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