When you’re involved in a car accident, the injuries you suffer can be overwhelming. One of the most common injuries that can occur is whiplash, which happens when your neck is suddenly jolted back and forth. This can lead to pain, stiffness, and sometimes long-term damage. If you’ve been hurt in a car accident in Indiana and believe you have whiplash, it’s important to know how to gather the right evidence to build a strong claim.
Understanding Whiplash and Its Impact
Whiplash can affect more than just your neck. After an accident, you might feel pain in your shoulders, back, and even your arms. Whiplash can also cause headaches, dizziness, and trouble focusing. Sometimes, the symptoms of whiplash do not show up right away. They may take days or even weeks to appear, which can make it harder to prove that the accident caused your injury.
Because whiplash is not always visible like a broken bone, it can be tricky to prove in a claim. This is why collecting solid evidence is key to showing that the injury was caused by the accident and that it has had a serious impact on your life. The more proof you can gather, the stronger your case will be.
Seek Medical Help Right Away
One of the first steps in gathering evidence for your whiplash claim is seeking medical care as soon as possible after the accident. Even if you don’t feel immediate pain, it is important to get checked by a doctor. A medical professional can examine your neck and spine to look for signs of whiplash and make a record of your injuries. Having medical records that document your injuries right after the accident is one of the most important pieces of evidence you can collect.
The medical records from your visits will include details about your diagnosis, treatment plan, and any medications prescribed to help manage your pain. These documents will help show how the injury has affected you and what steps you have had to take to recover. Without medical proof, it can be hard to convince insurance companies or a court that your injury is real.
Document Your Symptoms Over Time
It’s important to track how your symptoms change or worsen over time. Whiplash doesn’t always go away after one or two visits to the doctor. You might have to go through physical therapy, chiropractic care, or even see a specialist to help manage your pain. Keeping a journal of your pain levels, how often you need treatment, and how the injury is affecting your daily life can add another layer of proof to your claim.
For example, you can write down if you’re having trouble sleeping, missing work, or struggling with activities you used to enjoy. Any changes to your routine because of the whiplash injury should be recorded. This shows how the injury has affected your quality of life, which is an important part of your claim.
Attorney Christopher Wyant is here to help you.
With over 17 years of experience, Attorney Wyant has spent his entire legal career representing individuals who have been injured or killed as a result of the carelessness of others. With trial experience in over 20 jury trials, he has handled cases involving wrongful death and personal injury arising out of automobile crashes, premises liability, slips and falls, dog attacks, and civil rights violations.
Collect Accident Scene Evidence
While medical evidence is key, it’s also important to gather information from the scene of the accident. Right after the accident happens, try to get as much information as you can. Take pictures of your car, the other vehicle involved, and the surroundings where the accident occurred. If there are visible injuries, like bruises or cuts, take pictures of those as well. Even though whiplash may not show up in photos, documenting any other injuries can still help support your claim.
It’s also important to collect information from witnesses who saw the accident. If there are people nearby who saw what happened, ask for their contact information. Their statements can help confirm that the accident occurred the way you say it did. The police report from the accident is another important piece of evidence that can help back up your story. This report will include details about the accident, the vehicles involved, and whether any traffic laws were broken.
Work with Your Insurance Company
After the accident, you’ll need to report it to your insurance company. While you are talking to them, it is important to be honest and provide accurate information about the accident and your injuries. Insurance companies often ask for proof, such as medical records or accident reports, so make sure you have this information ready when making your claim.
Dealing with insurance companies can be tricky. They might try to downplay the seriousness of your injury or offer a settlement that doesn’t cover all your expenses. This is why having strong evidence to support your whiplash claim is so important. The more documentation you have, the harder it will be for the insurance company to deny your claim or offer less than you deserve.
My husband and I were involved in an auto accident. The driver that hit us was without a doubt at fault. In less than 2 days we were getting calls from the driver’s insurance company wanting us to accept 15% fault. The calls kept coming to try and push us into a settlement. We decided to get legal help and found Chris Wyant. Once Chris took over we felt a big load lifted. He is very knowledgeable, well prepared and makes everything so much easier to understand the process. Chris has a very diligent work ethic that gets results. We are so very grateful to have found Chris. We highly recommend Chris Wyant.”
- Kathaleen Boyce
Chris was awesome from the very first meeting. Very professional and knowledgeable. He knew what needed to be done and what he needed from us. He was exceptionally easy to work with and very patient with all of the questions we had. All we had to do was either call or email him with a question and he responded as quickly as he could. I couldn’t be happier with his services. I would definitely recommend his practice to anyone."
- Rita Bridge
God Bless Wyant Law. I can honestly say that Chris went to bat for me in such a huge way during such a trying time. He was very professional and upfront about every step he took. I would 100 percent recommend Wyant Law for your legal needs."
- Briana Shouse
Understand the Role of an Attorney
Navigating the process of collecting evidence and dealing with insurance companies can be stressful. An attorney can help guide you through the legal process and ensure that you are doing everything possible to build a strong case. They can gather evidence on your behalf, handle negotiations with the insurance company, and represent you in court if necessary.
Having someone on your side who understands how to build a strong whiplash claim can take some of the pressure off of you. They will know what kind of evidence is needed and can make sure that everything is submitted properly and on time. This can be especially helpful if you are dealing with pain or other challenges as a result of your injury.
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Keep Track of All Expenses Related to the Accident
Another important part of building a strong whiplash claim is keeping track of all the expenses related to the accident. This includes medical bills, prescription costs, and any therapy or rehabilitation services you need. If you have missed work because of your injury, you should also document the lost wages. If the accident caused damage to your vehicle, keep receipts for any repair work that was done.
These financial records can help show how much the accident has cost you and will be important when determining how much compensation you should receive. The goal of your whiplash claim is to make sure that you are fairly compensated for all of the costs that resulted from the accident.
Know the Importance of Timing
In Indiana, there is a time limit for filing a personal injury claim. This is called the statute of limitations. If you wait too long to file your claim, you may lose your right to seek compensation for your injury. This is why it’s important to start gathering evidence and building your case as soon as possible after the accident. Even if you are unsure about the full extent of your injuries, starting early gives you the best chance of success.
By acting quickly, you can make sure that important evidence doesn’t disappear. For example, if there were security cameras that captured the accident, it’s important to request that footage before it is erased. If you wait too long, valuable evidence could be lost, making it harder to prove your case.
If you or a loved one has been injured in a car accident and is dealing with the pain of whiplash, don’t wait to get the help you need. Collecting the right evidence and building a strong case can make all the difference in getting the compensation you deserve. Wyant Law is here to guide you through the process and help you every step of the way.
We understand how difficult it can be to handle a whiplash injury, especially when you are dealing with pain and medical bills. Our team is ready to listen to your story, gather the necessary evidence, and fight for the compensation you deserve. To get started on your claim, contact Wyant Law today.