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How to Prove Whiplash in a Car Accident Case

November 6, 2020

If you’ve suffered whiplash in a car accident, contact a Boston car accident lawyer at Kelly & Associates for help.

It is common to suffer from a variety of injuries after a car accident. Some of these can be very serious and others relatively minor. One of the more common types of injuries whiplash. Even considerably minor car accidents can result in a whiplash injury. Whether you were driving the car or merely a passenger, these injuries can be the same.

One of the biggest problems with a whiplash injury is that it is almost impossible to prove. Your doctor can diagnose this issue, but they will not have any actual proof that it occurred. There are no medical tests that can prove this injury took place, even though a doctor may recommend x-rays and MRIs to ensure no further damage has been sustained.

Whiplash is basically an injury that occurs when the inertia from an impact jerks the head forward and back in a whipping motion that stretches the tendons, ligaments, and muscles of the neck and shoulders. It is very common that the neck will be stretched in either direction.

Boston Car Accident Lawyers Have Experience in Proving Whiplash Cases

Whiplash is by far the most common car accident injury. Although it can sometimes be difficult to prove this injury, Boston car accident lawyers undertake smaller whiplash cases all the time.

There is no way to prove this injury occurred, so the lawyer will have to convince the jury that you did indeed sustain this injury as best they can. They may submit a diagnosis from the doctor who examined you that supports the claim. This may or may not include submitting medical records that corroborate the story.

Furthermore, there is no treatment specific for whiplash cases. No physical therapy or surgical procedures are needed. Your doctor will typically recommend that you wear a neck brace to help with the pain and protection of damaged muscles and connective tissues. Pain medication can also be prescribed. The good news is that whiplash typically heals up within a few days to a week.

What Kind of Money Can You Get for Whiplash?

Don’t expect to receive a million-dollar payout for your whiplash injury. It just doesn’t work that way. These cases typically payout thousands of dollars at the most. Regardless of the city or state you live in, you’re not likely to get an exceptionally high settlement check just for whiplash.

Whiplash is typically part of a much larger case. If you have suffered injuries in a car accident, whiplash will typically only be a part of the overall compensation. Consider whiplash compensation the sprinkles on top of the sundae of your overall claim. You may expect a couple thousand dollars at most for this type of injury. 

It is important to remember that your lawyer is not there to make you rich from your injuries. Compensation for injuries is there to make you “whole,” and whiplash is not an especially lucrative injury.

Boston Car Accident Attorneys Know How to Settle Your Claim

The truth is that most cases are settled out of courts. There is little reason to incur the considerably high costs of a court trial if it’s possible to avoid them. These cases can take years to settle, and negotiations are not always easy. But, your Boston car accident lawyer will do their utmost to swing the ruling and verdict in your favor. 

One of the most important reasons to negotiate a settlement is because whiplash is not easy to prove in a court of law. Juries are highly suspicious of plaintiffs complaining about whiplash injuries. The truth is most jurors consider plaintiffs complaining about these injuries to be faking the whole thing.

The very sight of a plaintiff walking into the courtroom wearing a neck brace can instantly cause the jurors to lose all empathy for the plaintiff. This is because these injuries are entirely different from broken bones or other injuries that have tangible effects.

Because of this, your Boston car accident lawyer will try their best to settle the case. This makes sense because there would be no point in taking the chance and shoulder the costs of a court case for whiplash injuries.

Schedule Your Free Initial Consultation With a Boston Car Accident Lawyer Today

If you have been injured in a car accident, it doesn’t matter how grave your injuries are. An experienced personal injury law firm in Boston can help you. Call 1-800-LAW-GUYS to schedule your free consultation. Your car accident lawyer in Boston will apply their skill and experience to ensure you get the compensation you fully deserve for your injuries.

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    Michael D. Kelly has a diverse background that provides a breadth of legal knowledge that he draws upon in serving his clients. Kelly compiled an excellent academic record during his three years at New England Law in Boston.