Can You Prove You Have Whiplash?

The entire basis for most car accident cases is physical injuries. Sure, there are other types of damages. You may have property damage. You may also have pain and suffering. But, for the most part, without physical injuries, you have no case.

One of the most common injuries in car accidents is whiplash. Whiplash occurs when your neck is stretched too far in one direction. It usually heals itself within a few days. There really is no medical treatment for whiplash. It’s not something that requires surgery.

The thing about whiplash is that there is no way to prove you have it. A doctor can diagnose you with whiplash. He can tell from your symptoms if you have it or not. However, he can’t do a medical test to prove you have whiplash.

If whiplash makes up the basis for your car accident case, you’ll have to prove you have it. Juries do not trust people who walk into a courtroom and ask for thousands of dollars. Your car accident lawyer will have to rely on outside evidence to prove you have it.

Carrollton Car Accident Lawyers Have a Hard Time Proving Whiplash

Because it’s impossible to prove you have whiplash medically, a lot of juries doubt that it’s a real injury. Although we’ve all heard of whiplash, most people don’t think it’s a serious injury. And from watching television and movies, people have no tolerance for people who play up fake injuries.

When someone’s entire case is based on whiplash, they will have a hard time winning in court. Juries and judges know that it’s easy to fake whiplash. Your Carrollton car accident attorney will have to rely on expert testimony to prove that you have this injury.

Doctors can only testify that they believe you have the injury. They can’t submit MRI or x-rays to prove it. It’s not like a back injury or a knee injury. Your lawyer will have to rely on a credible witness to prove your case.

How Much Can Your Carrollton Auto Accident Attorney Get You for Whiplash?

A lot of people overestimate how much money they’ll receive in a lawsuit. You have to remember – it’s not your Carrollton auto accident attorney’s job to make you rich. It is his job to make you whole. An injury like whiplash isn’t going to entitle you to a whole lot.

Most cases involving whiplash have other injuries to go along with it. Whiplash is like the cherry on top. It gets you an extra few thousand dollars. If your claim is based solely on whiplash, don’t expect to receive a whole lot of money.

Most whiplash cases settle for about $5,000. Once you pay your legal fees and medical bills, there won’t be much left. In fact, if whiplash is your only injury, you may have a hard time finding a lawyer who will accept your case. No attorney wants to put dozens of man-hours into a case that may earn him, at most, a couple of thousand dollars.

What whiplash can do is increase your overall settlement in a serious car accident case. When a jury or judge is determining pain and suffering, they will keep whiplash in mind. It’s not necessary to walk into court wearing a neck brace. Any juror with common sense knows that whiplash heals in a couple of weeks at most. There’s no way your neck will still hurt months or a year after your accident.

Call a Carrollton Car Accident Attorney if You’ve Been Injured in a Car Accident

If you or a loved one have been in a car accident, you need to contact a Carrollton car accident attorney. You will be dealing with medical appointments. You may miss a lot of time from work. It’s important that you rely on an experienced lawyer to handle the legal side of things.

When you first meet with your attorney, bring in whatever proof you do have of your whiplash injury. This may include:

  • Pictures
  • Medical records
  • A letter from your doctor that you have suffered the injury
  • Statements from people who witnessed your injuries

Call and schedule your initial consultation with the experienced lawyers at the Law Office of John B. Jackson today. You can sit down and discuss your case in private. Your attorney will give you an idea of what your case may be worth. He can also let you know if you have a case at all.

The initial consultation is absolutely free. And, you pay nothing until you settle your case. The insurance company will have attorneys working for them and so should you!