Whiplash is one of the most common injuries people suffer in an auto accident. Victims of this painful injury often want to know whether they can sue for whiplash injuries after a car crash or other accident in Maryland.
If another driver was to blame for your injury, you should certainly consider a claim and a possible lawsuit. While whiplash is generally considered a minor injury, it can still be painful. It can also be complicated, and some victims live with much more intense pain for a longer period. Whiplash can even require expensive surgery to correct, and some people live with chronic pain. It is ultimately a very painful condition that may warrant substantial compensation.
Ask our Maryland whiplash injury lawyers for a free, confidential case evaluation by calling Rice Law at (410) 694-7291.
What is a Good Settlement for Whiplash?
Whiplash is a somewhat common injury in car accident cases, but different people may experience different pain levels or medical complications. As such, a good settlement should be uniquely tailored to your specific situation.
How Much Should a Whiplash Settlement Be Worth?
Whiplash is often considered a somewhat minor injury. It can be painful but often heals within a few weeks, usually with minimal medical intervention. For a minor case of whiplash, plaintiffs generally recover only a few thousand dollars in damages. Settlements for about $2,000 to $3,000 are common.
More serious whiplash cases may lead to larger settlements. If you require more serious medical intervention, or your whiplash lasts an unusually long time, and you must endure much more pain, you should demand a higher settlement. Such cases may net somewhere between $10,000 and $50,000. Remember, this is a wide range, and your settlement may be larger if your injuries are more serious and painful.
Severe cases of whiplash often require more invasive medical treatment, including surgery. Victims may live with chronic pain and limited head and neck mobility. In those cases, you should demand much more compensation. A severe case may be worth about six figures or more.
What if Whiplash is More Severe Than Normal?
Whiplash tends to heal in a few weeks with only minor medical intervention. However, the injury can be unpredictable, and some victims’ conditions are much more severe. For example, if the pain is so excruciating that you cannot get out of bed or even move your head, your claims should be worth more compensation.
Whiplash is known for being painful. For some, the pain never fully goes away. In severe cases, you could live with chronic pain. The pain might come and go, or you could be in a constant state of pain for a long time. This kind of suffering often warrants much more significant damages.
What if Whiplash Interferes with Your Job?
We should consider whether you can continue working while recovering from whiplash. Some people can return to their jobs, while others might find it impossible to continue working. In such cases, our Maryland whiplash injury attorney may factor your lost income into your damages. The longer you cannot work due to whiplash, the higher your settlement should be. Even a few days of missed work should be accounted for.
Accounting for Pain and Suffering
The thing about whiplash is that it is painful. Even minor whiplash cases where victims make a full recovery in only a few weeks often involve significant pain. The pain may affect your physical and mental health and interfere with how you live your life.
These damages must be accounted for in claims for pain and suffering. When whiplash persists for a long time, or victims live with intense chronic pain, these damages may be quite substantial and worth many thousands of dollars.
How Does Whiplash Occur After a Car Accident in Maryland?
Whiplash is an injury to the neck caused by a sudden impact. Although whiplash is often associated with rear-end car crashes, there are other causes, such as falls and sports injuries.
When the neck is forced forward and then backward, or vice versa, you can suffer from whiplash. The injury may strain the muscles, discs, tendons, and nerves in the neck and upper back. The rapid snapping of the neck is like a whip, giving the condition its name.
The technical terms are hyperextension and hyperflexion. Hyperextension describes when your neck whips backward. Hyperflexion describes the forward jerking motion. During a hyperflexion injury, the muscles, ligaments, and other tissue around the joint may be torn, dislocated, or damaged.
Signs and Symptoms of Whiplash
The signs and symptoms of whiplash usually become apparent within the first 24 hours of the injury. They can include:
- Nausea
- Neck pain and stiffness
- Loss of range of motion in the neck
- Headaches, usually beginning at the base of the skull
- Tenderness in the upper back, arm, or pain in the shoulder
- Numbness and tingling in the arms
- Dizziness
Other, potentially more severe symptoms include:
- Irritability
- Depression and anxiety
- Memory and recall problems
- Insomnia and difficulty sleeping
- Tinnitus, a ringing in the ears
- Issues with concentration and focus
When Should You See a Doctor for Whiplash After an Accident in Maryland?
See a doctor after any neck pain or other discomfort following a car accident, a sporting injury, an industrial accident, or another mishap. It’s important to receive a prompt, accurate diagnosis to rule out tissue damage or fractures that may exacerbate symptoms. If symptoms persist, seek out the opinion of a specialist.
Can You Have Delayed Whiplash Symptoms?
Pain, discomfort, and other symptoms, such as dizziness, usually appear within 24 hours of a car crash. However, whiplash symptoms can take longer to become apparent. It may take days or even weeks for the full effects of whiplash to become apparent.
Suing for Whiplash Injuries in Maryland
When another driver caused your whiplash injuries, you should consider making a claim to recover compensation. A payout from the other driver’s insurance company can cover your past and future medical bills, the time you missed from work, and physical and emotional pain and suffering. Your injury may have changed your life. If you gave up a hobby or saw less of your family because of the injury, this should form a part of the claim.
A whiplash injury can also be caused by a sudden jolt to the head from a fall, a sporting accident, or even an industrial accident, such as an electric shock. You can sue for whiplash in Maryland in the following circumstances:
- Another party, be it a driver, a landowner, or someone else, is at fault for your whiplash injury
- Adequate insurance coverage was available
- You were not partially responsible for your whiplash injury
- You suffered tangible damage
How Seriously Do Insurance Companies Take Whiplash Injuries?
Unfortunately, insurance adjusters have a reputation for failing to take whiplash injuries seriously. You may be feeling the most acute pain you have ever experienced. You may not be sleeping properly and are at a loss to explain why the insurance company believes you have a fake injury.
When Insurance Denies Whiplash Claims
If the at-fault driver’s insurance company denies your claim or fails to offer you what you deserve, consider hiring a Baltimore car accident lawyer to fight your corner. It may be necessary for us to sue for whiplash after a car wreck in Maryland if the insurance company is behaving unreasonably.
Again, whiplash is usually considered a minor injury, but that does not mean it is never worth compensating for. An insurance company may deny your claim simply because they think they can get away with it. Do not let them deprive you of the compensation you need and deserve. Get a lawyer and take the matter to court.
Treatment Required for Whiplash
The level of treatment you receive for your whiplash injury can have a bearing on your claim. In many cases, treatment with painkillers like Tylenol or aspirin is enough to treat whiplash. However, physical therapy often also plays a part in the treatment regimen. Some patients must wear a foam collar to keep their neck stable. This should not be worn for more than three hours at a time. Some patients undergo chiropractic care, electronic nerve stimulation, and massage.
When you require more extensive or invasive treatment, insurance companies may be more inclined to take your claims more seriously. Receiving prompt medical care after an injury is also key. Any gap in time between the accident and when you first go to the hospital could be heavily scrutinized by the insurance company.
What if Your Whiplash Symptoms Worsen as Your Case Moves Forward?
It is not unusual for whiplash symptoms to become worse over time. If your symptoms become more painful and you require further medical treatment after we have filed your case, it may be possible to ask the court to allow us to revise your initial pleadings to include new damages related to your worsening condition. We may need to provide evidence of your new damages and assure the court that we are acting in good faith.
How Do You Prove Damages in a Lawsuit for Whiplash?
Proving damages for whiplash often revolves around medical information. Get immediate treatment after an accident so that doctors can begin compiling records about your care. Any gap in time between the accident and when you first see a doctor will be seen as highly suspect. Your medical records and even testimony from your treating physician may help us prove your claims for damages.
How Often Should You See a Doctor About Whiplash After an Accident?
You should always see the doctor about an injury as many times as the doctor believes is necessary for your treatment. However, when filing legal claims, it is a good idea to keep regular appointments with a physician to evaluate your case. The doctor may document any changes in your condition and be able to testify about how your injury has progressed and your expected recovery rate.
Hire Our Experienced Maryland Whiplash Injury Lawyer Today
Ask our Maryland whiplash injury lawyers for a free, confidential case evaluation by calling Rice Law at (410) 694-7291.