Is Whiplash After a Car Accident Worth Claiming?
Car accidents can turn your world upside down in an instant. One moment, you’re cruising down a California highway. The next, you’re dealing with insurance paperwork, repair bills, and a nagging pain in your neck. Whiplash is one of the most common injuries after a collision, but it’s also one of the most misunderstood. If you’re grappling with this painful condition and wondering whether it’s worth pursuing a claim, you’re not alone.
What if my whiplash symptoms are mild? Is it still worth claiming?
Absolutely. Even mild symptoms can worsen over time. It’s better to start the process now than to regret it later if complications arise.
Fortunately, an experienced San Bernardino car accident attorney can help you make sense of your accident and what to do next.
The Whiplash Dilemma
Whiplash occurs when your head suddenly jerks back and forth, straining the soft tissues in your neck. It’s a tricky injury because it doesn’t always show up on X-rays or MRIs, making it easy for insurance companies to downplay or dismiss. You might feel fine right after the accident, only to wake up the next day barely able to turn your head. This delayed onset often leads to skepticism from insurers, who may question the severity or even existence of your injury.
But whiplash isn’t just about a sore neck. It can lead to a host of other issues, including:
- Chronic pain
- Headaches
- Dizziness
- Fatigue
- Difficulty concentrating
- Sleep disturbances
For some, these symptoms resolve rather quickly. However, for others, these symptoms can persist for months or even years, dramatically impacting their quality of life. That’s why it’s crucial to take whiplash seriously from the start.
Insurance Companies are Skeptical of Whiplash
Insurance companies aren’t exactly chomping at the bit to hand over cash. They’re businesses, after all, and their bottom line often precedes your well-being. When it comes to whiplash claims, they often employ a few tactics:
- Questioning the validity of your injury
- Offering lowball settlements
- Dragging out the claims process, hoping you’ll give up
It’s frustrating, especially when you’re in pain and just want to move on with your life. But don’t let their skepticism deter you from seeking the compensation you deserve.
Why Filing a Whiplash Claim Matters
You might be tempted to brush off your whiplash as “no big deal” and avoid the hassle of filing a claim. But here’s why that could be a costly mistake:
- Medical bills. Expenses from your injury can add up quickly. Even if your symptoms seem minor now, they could worsen over time, leading to ongoing treatment costs.
- Lost wages. If you can’t work, you may face serious hardship. If whiplash keeps you out of work, you deserve compensation for that lost income.
- Pain and suffering. The pain and suffering you feel after an accident are real. Chronic pain can affect every aspect of your life, from your relationships to your ability to enjoy hobbies.
- Future complications. In some cases, complications may arise. Some whiplash victims develop long-term issues that require extensive treatment.
- Accountability. Filing a whiplash claim holds negligent drivers accountable. Your claim can help make roads safer by discouraging reckless driving.
California Law Has Your Back
The Golden State has some specific laws that can work in your favor regarding whiplash claims. For instance, California Civil Code Section 3333.4 allows accident victims to recover non-economic losses (like pain and suffering) even if they were partially at fault for the accident. This means that even if you played a small role in causing the collision, you can still pursue compensation for your whiplash injury.
Another important law to know is the California Code of Civil Procedure Section 335.1. This statute gives you two years to file a personal injury lawsuit from the accident date. While that might seem like plenty of time, whiplash cases can be complex. It’s best to start the process before too much time has passed.
The Danger of Quick Whiplash Settlements
When you’re hurting and stressed about mounting bills, that initial settlement offer from the insurance company might look mighty tempting. In fact, some insurance companies offer quick settlements for whiplash just to avoid paying out what they claim is actually worth. They’re hoping you sign so that they can move on. But don’t sign anything before you talk to an experienced San Bernardino car accident lawyer.
Whiplash symptoms can worsen over time. What seems like a minor inconvenience now could develop into a chronic condition. You might not know the full extent of your injuries yet. Some complications take weeks or months to manifest. You shouldn’t sign any settlement until you know the full extent of your injuries and how those life-changing injuries will affect your future.
Remember, once you sign, you can’t go back for more compensation if your condition worsens.
This is where having a skilled car accident attorney in your corner can make all the difference. They can help you understand the true value of your claim and negotiate on your behalf.
Contact Our San Bernardino Car Accident Lawyers
Dealing with whiplash after a car accident is tough, but you don’t have to go through this journey alone. Filing a claim isn’t just about getting compensation – it’s about securing the resources you need to heal properly and move forward with your life. Don’t let insurance company tactics or fear of the legal process stop you from seeking what you deserve.
Whiplash might be invisible to others, but we know the pain is all too real for you. By taking action and pursuing a claim, you’re not just standing up for yourself – you’re also paving the way for better treatment of whiplash victims in the future.
Don’t wait to take action. Contact William D. Shapiro Law, Inc., today at 909-890-1000 or fill out our confidential contact form to schedule a free, no-obligation consultation. Let our car accident law firm put our experience and expertise to work for you and help you seek the justice and compensation you and your family deserve during this challenging time.
William Shapiro has handled catastrophic injury/wrongful death actions for over 4 decades obtaining numerous seven and eight-figure verdicts and settlements. Honors include: 2022, 2016 and 2013 OCTLA “Top Gun” TLY; 2022 CAOC TLY Finalist; 2018 “Lifetime Achievement Award” Western State College of Law, 2021 & 2017 Best Lawyers, Lawyer of the Year; 2016 WSBCBA “TLY”; 2015 CAL-ABOTA “TLY”; 2014 “TLY” Consumer Attorneys of CAOIE; 2011 “Hall of Fame,” Western State College of Law; Fellow, American College of Trial Lawyers; International Academy of Trial Lawyers; International Society of Barristers; Diplomat, American Board of Trial Advocates (ABOTA); National Board of Trial Advocacy; specialist in Trial Advocacy, State Bar of California; “Best Lawyers in America” and “Tier 1 Best Law Firms” U.S. News; AV Preeminent, Martindale-Hubbell; SuperLawyers; Past President of: San Bernardino/Riverside chapter ABOTA; San Bernardino County Bar Association; Consumer Attorneys of Inland Empire; The Joseph. B. Campbell American Inn of Court; Consumer Attorneys of California; IE ; National Sec of ABOTA, Adjunct professor, Western State College of Law. Learn more here.