Step 1: Seek Medical Attention
The most important first step after any car accident is to get checked out by a doctor, even if you feel fine. Whiplash and related neck injuries often don’t show symptoms immediately, so don’t take any chances with your health. Seek medical attention immediately.- Go to your nearest emergency room or urgent care center. Explain that you were in a car accident and are concerned about potential whiplash or neck strain.
- Get a full exam. The doctor will check your range of motion and pain levels and look for signs of injury. They may order X-rays, CT scans or MRIs if needed.
- Report all symptoms. Be very specific about any pain, stiffness, headaches, or other issues you’re experiencing, even if they seem minor. The smallest details can help the doctor determine if you have whiplash or other injuries.
- Follow the recommended treatment plan. This typically includes rest, icing the injury, physical therapy or neck exercises, and over-the-counter or prescription pain medication as needed. The doctor may provide a neck brace for added support and stability.
Step 2: Gather Evidence
After seeking initial medical care, your next step is to gather evidence to support your whiplash claim. This includes:- Take photos of the accident scene, any vehicle damage, and your injuries as soon as possible. Pictures provide visual proof of what happened. Get photos from multiple angles if you can.
- Obtain a copy of the official police report. The report contains details about the accident that can corroborate your account of events. Request a copy from the police department that responded to the scene.
- Collect statements from any witnesses. Get the names and contact information of people who saw the accident happen. Their accounts can strengthen your claim. Ask them to provide written and signed statements about what they observed.
- Gather medical records and treatment details. This includes emergency room discharge papers, doctor’s diagnoses and prognoses, therapy or chiropractic session notes, prescription information, and receipts for any medical equipment. These documents prove your injuries and the treatment required.
Step 3: Document Expenses and Losses
Keep records of all medical expenses related to your whiplash injury. This includes:- Doctor and chiropractor visit copays
- Prescription and over-the-counter medication costs
- Medical devices like neck braces
- Physical therapy or massage therapy fees
- Ask for itemized receipts and bills for all treatments. Make copies of everything.
- Keep a running total of the amounts paid out of pocket. This will help determine the economic losses from your injury.
- Get a doctor’s note specifying the dates you were unable to work.
- Ask your employer for pay stubs showing your typical wages or salary.
- Calculate the total income lost during your time off work. For example, if you make $20/hour and missed two weeks of full-time work, your lost wages would be $20 x 40 hours x 2 weeks = $1600.
- Your pain levels each day on a scale of 1 to 10
- Difficulty sleeping, concentrating, enjoying hobbies
- Mood changes like irritability, depression or anxiety
- Limitations in mobility or daily activities
Step 4: Contact an Experienced Personal Injury Attorney in Boynton Beach, Florida.
After your accident, contacting an experienced personal injury attorney in Boynton Beach, Florida should be a top priority. They can properly assess your claim, determine fault, and fight to get you the maximum compensation. Look for attorneys that have experience in car accident and whiplash cases. Check online reviews from past clients to find reputable lawyers with a proven track record of success. Schedule consultations with a few top choices. Come prepared with details about your accident, injuries, and any evidence collected.- Ask about their experience with whiplash claims and success rate. An established attorney will have handled many similar cases.
- Discuss their fee structure. Most work on contingency, taking a percentage of your settlement. Get estimates of potential compensation so you know what to expect.
- Assess how attentive and communicative they seem. Your attorney should be available to answer questions and provide updates on your claim.
Step 5: Negotiate or File a Lawsuit
If the insurance company denies your claim or offers you a lowball settlement that doesn’t fairly compensate you for your injuries and damages, it’s time to negotiate. Send a written response explaining why their offer is unacceptable, and provide evidence to support a higher amount, e.g. medical bills, lost wages, etc. You can also suggest a reasonable counteroffer.- Highlight the severity of your injuries and how they have impacted your life. Describe your pain, suffering, and any long-term effects.
- Calculate your total costs, including medical expenses, physical therapy, medication, and lost income. Provide copies of bills, receipts, pay stubs, etc., as proof.
- Research average settlement amounts for similar whiplash claims in your area to determine what is fair. Aim high, as the insurance company will likely negotiate down.
- If needed, get a second opinion from another doctor to strengthen your case. Their diagnosis and prognosis can help validate your claim.
- Consider hiring a personal injury attorney to handle negotiations on your behalf. They have experience dealing with insurance companies and can help you get the maximum settlement.
