How to Succeed with Your Whiplash Car Accident Lawsuit in Kentucky
Whiplash, a common injury in car accidents, is a soft tissue injury affecting the neck muscle due to the back-and-forth jerking of the head. This type of injury can occur even in accidents that involve insignificant impact and is especially common in rear-end accidents.
Like most soft tissue injuries, it falls under the minor injury category. However, some cases can result in complications requiring specialized treatment and subjecting the victims to untold pain and suffering.
Whether your whiplash injury resolves within days or results in complications, you have a right to compensation if it was a result of another person's negligence. Below are tips for winning a Kentucky whiplash car accident lawsuit.
Seek Medical Attention
Whiplash is among the few injuries that can take days to manifest. So, if you are in a minor accident, you could make the mistake of writing it off only to have symptoms show hours or days later.
When the symptoms show too late, the opposing side can use the delay to claim your injuries unrelated to the accident. So, it's always best to seek immediate medical attention even when you may not feel hurt.
Timely medical intervention helps with diagnoses and treatment of unapparent injuries such as whiplash and concussions before they deteriorate. It also helps create a link between injuries that show later with an accident.
Gather Evidence
The success of your claim will largely depend on its strength, and evidence plays a critical role in it. So gather as much of it as you can, starting with the accident scene.
Take pictures and record video footage of all aspects of the accidents, from vehicle positions, physical damage, other injuries, skid marks, etc. While at it, gather witness accounts, contacts, and the opposing side's information.
Besides at-the-scene evidence, you will need documents obtained through your treatment journey, from the paramedic's report, hospital bills, receipts, etc. Other evidence includes police reports, employment records, journal entries, and other evidence pertinent to the case. Some types of evidence may require special legal processes to access, so you may want to have a personal injury lawyer involved.
Avoid Mistakes That Could Compromise Your Case
Most cases start strong, only for victims to ruin them through mistakes. The most common mistake is oversharing details about your car accident on social media and with the defendant's lawyer or insurer.
“It may not seem like you are oversharing. But the opposing side is always looking for anything to use against you, and social media can give them just that,” says André Busald of Busald Funk Zevely.
It is best to stay off social media from the time of the accident to the day you settle your case. Also, only talk to the opposing side through your lawyer. This way, you can avoid saying something that could harm your case.
Get a Lawyer
A whiplash, though often classified as a minor injury, can result in some significant damages. As such, getting a lawyer makes perfect sense. While you could worry about the cost of litigation, statistics show you stand to take more homes with a lawyer than without one.
Also, you do not have to pay until they win your case, so it's a win-win scenario for you. The choice of lawyer is also a critical factor in your outcomes. So, when picking one, you may have to pay attention to their experience with accident claims, including trial experience, geographical area of practice, and reputation.
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