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Maureen May
Maureen May
Attorney • (410) 321-6000

Three Things That Might Sink Your Whiplash Claim

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If you’ve been in an accident and think you may have sustained whiplash, that may not be enough to get compensation for your injury. In fact, neglecting to do certain things might effectively ruin your chances of recovery.

You Can’t Prove That You Sustained Whiplash

One of the most important factors in a whiplash claim is being able to substantiate the circumstances of your injury. If your whiplash injuries were sustained in a simple rear-end type of accident then most of the time blame is automatically assigned to the driver who failed to stop and caused the impact.

In the case of side-on collisions or accidents involving multiple vehicles, it may take longer to prove liability. In these circumstances, it is vital that you immediately get contact information from witnesses at the scene and obtain a written statement detailing their account of the accident. If law enforcement personnel are present, they will likely speak with witnesses during their accident investigation.

You Didn’t Seek Treatment for Your Injuries until Later, or Maybe Not at All

It is essential that you visit your doctor or a hospital emergency room as soon as you believe that you may be suffering from whiplash-related injuries so that they may be diagnosed and treated effectively. This will not only improve your chances of making a full physical recovery, but also make it easier to obtain proper compensation for your injuries in the event that you pursue a personal injury claim related to the accident.

You Waited Too Long to File Your Claim

Most insurance companies will refuse to pay whiplash claims if they are not submitted within the timeframe specified in your policy. And even if liability is accepted by the responsible party or their insurance company, it can take months for the claim to be finalized and for you to get compensated.

Also, the statute of limitations for personal injuries in your state will dictate how long you have to file a case in court. If you wait too long and the time limit passes, you will be barred from pursuing any claim related to the accident, whether you suffered whiplash or not.