Whiplash is among the most common car accident injuries in Indiana, particularly in rear-end collisions. Preventing further harm and protecting your rights after a whiplash injury requires a thorough understanding of the signs and symptoms of whiplash and prompt medical attention.
At Truitt Law Offices, we do not just help injured clients pursue whiplash claims in Indiana. We explain what makes a car accident claim successful and put that knowledge into action. To effectively pursue the maximum compensation you deserve, you must prove that someone else was at fault for your injury, the extent of your losses, how they have affected you, and the compensation you need.
Our experienced car accident attorneys are ready to help you now. Get started with a free consultation by contacting our Indiana whiplash attorneys today.
What Is Whiplash?
Whiplash is a type of neck injury that occurs when the head is suddenly jerked forward and backward in a whip-like motion. This rapid, forceful motion strains muscles, ligaments, and tendons in the neck, causing a range of painful symptoms that can impact your daily life.
Whiplash neck injuries, also known as cervical acceleration-deceleration (CAD) injuries, frequently occur in car accidents due to the abrupt impact that rarely leaves the victim enough time to react.
While whiplash injuries are considered a form of soft tissue injury, they’re often just as debilitating as injuries considered more “severe,” like a fractured or broken bone. Whiplash can cause long-term pain, chronic headaches, and significant psychological effects.
What Types of Accidents Can Cause Whiplash?
Whiplash can result from almost any car accident, as well as certain other types of accidents. Some of the most common causes of whiplash include:
- Rear-end accidents – Rear-end accidents cause a sudden jolt that whips the head and neck forward and then back. The nature of these collisions makes them the most common cause of whiplash.
- Head-on collisions – Although the physics of head-on collisions is not quite as conducive to whiplash as rear-end accidents, they are still a relatively common cause of whiplash due to their frequently violent nature.
- T-bone accidents – Being struck from the side can cause the body to twist unnaturally, frequently resulting in whiplash and other neck injuries.
- Motorcycle crashes – Motorcyclists have less protection from collisions than other drivers, raising the risk of head and neck trauma.
- Truck accidents – The immense size and weight of commercial vehicles make collisions with them more violent and injuries more severe.
- Slip-and-fall accidents – Whiplash is not always caused by a car accident. A sudden fall caused by a slippery floor or a poorly maintained staircase can result in a violent jerking motion, which can also cause neck injuries.
What Are Common Symptoms of a Whiplash Injury?
Whiplash injuries come with a range of symptoms. Some of the most common examples of whiplash symptoms include the following:
- Neck pain and stiffness
- Limited range of motion in the neck
- Headaches
- Shoulder pain
- Upper back pain
- Dizziness
- Fatigue
- Blurred vision
- Tingling and numbness in the arms and hands
- Difficulty concentrating
- Memory issues
- Sleep disturbances
- Irritability
- Depression.
One of the most challenging aspects of pursuing whiplash claims in Indiana is the fact that symptoms of these neck injuries do not always appear right away. Whiplash symptoms can take hours or even days to present themselves. That is why it is crucial to seek immediate medical attention, allowing you to catch the injury early and create documentation that connects it to the accident.
How Do I Prove I Have a Whiplash Injury?
Proving your whiplash injury is not always easy because soft tissue injuries are not always visible on traditional diagnostic tools. To prove your injury and connect it to the accident, you will need substantial medical documentation, which means you should:
- See a doctor right away – Seeking immediate medical attention and letting your healthcare provider know about your symptoms and that they were connected to the accident can help them diagnose the whiplash as soon as possible. Prompt medical care also shows that you took the accident seriously and lends credibility to your car accident claim.
- Follow through with medical treatment – A common critical error car accident victims make is failing to listen to their doctor’s advice, particularly when whiplash is involved. Following your doctor’s instructions not only ensures your health and safety but also strengthens your claim when you seek compensation.
- Seek specialist referrals – Your primary care physician can help you seek specialized care for whiplash injuries. That can include chiropractors, physical therapists, neurologists, and pain management doctors, for example.
You’ll also need to show that the accident caused your whiplash injury and that the other party’s negligence makes them responsible for that accident. You can do this by:
- Filing a police report – Under Indiana Code Title 9, Motor Vehicles § 9-26-1-1.1, if the accident resulted in injuries or death, you must notify the local police department of your car accident. An officer will arrive and create a police report. You can use this document to show the insurer that you were involved in the crash.
- Documenting the accident scene – Take photos and videos of vehicle damage, accident debris, skid marks, traffic signs and signals, road and weather conditions, and visible injuries. Such visual documents can help connect your injuries to the accident and establish liability.
- Collecting witness contact information – If anyone witnessed the accident, it is crucial to collect their names and contact information. Eyewitnesses may offer key details about the cause of the accident and provide a powerful third-party perspective that can corroborate your claims.
What Sort of Medical Treatments Might Be Needed for Whiplash?
The type of treatment that might be most effective for you could be based in part on how severe your injury is. In some cases, over-the-counter medication and adequate rest can be the most effective treatment plan. However, with more severe injuries, more significant, long-term treatment may be necessary.
More extensive whiplash treatments could include:
- Prescription painkillers or muscle relaxants
- Chiropractic care
- Acupuncture
- Physical therapy and rehabilitation
- Trigger point injections
- Neck braces or support
- Cognitive-behavioral therapy for emotional symptoms.
Your treatment plan will be centered around the symptoms, range of motion, and progress of your condition. It is essential to follow your doctor’s advice. As you continue treatment, keep detailed records of all medical visits, prescriptions, and expenses so your car accident lawyer can accurately calculate the compensation you need.
How Long Can a Whiplash Injury Last?
The timetable for a whiplash injury varies depending on its severity. While some people could recover within a few weeks, others may deal with pain and limited mobility for months or even years. Whiplash symptoms can interfere with daily life and your ability to earn a living, which is why it is crucial to follow your medical treatment plan carefully.
Factors that could impact how long your whiplash injury lasts include the following:
- Severity of the accident
- Age and overall health
- Pre-existing neck or back issues
- How quickly you receive medical care
- How closely you follow your treatment plan.
Insurance companies often attempt to downplay the severity of injuries to minimize payouts in car accident claims. That is particularly true with whiplash injuries, as they are not as easily proven as something like a broken bone, laceration, or organ damage. Often, insurers will offer a quick, lowball settlement in hopes of making your claim go away cheaply. Do not accept any quick settlements without speaking to our experienced car accident lawyers first.
What Evidence Is Needed to Prove the Other Driver Caused My Whiplash Injury?
Establishing liability is critical in any car accident claim. You cannot just show that you have been injured in an accident. You also need to prove that the other party caused the collision. That can be done by gathering a substantial body of evidence. To do this, an experienced car accident lawyer can help you obtain the following types of evidence:
- Police Reports – A police report is official documentation that reveals key details about the accident. Typically, an Indiana police report will contain the date, time, and location of the crash, as well as details about how the responding officer believes the accident occurred, an accident diagram, statements from involved parties and witnesses, notes on traffic violations, and an initial assessment of fault.
- Accident Scene Documentation – Visual evidence can be powerful when pursuing a car accident lawsuit or other personal injury claim. Photos and videos from the accident scene can show damage to all the vehicles involved, positions of the vehicles after the collision, skid marks and accident debris, obstructions, traffic signs, traffic signals, weather and road conditions, and visible injuries you sustained.
- Witness Statements – Without an objective third-party perspective, car accident claims can become a he-said-she-said battle of finger-pointing. Witnesses can help prove the other party’s negligence by verifying what happened before and during the collision, such as whether the other party was speeding, ran a red light, or was distracted by their phone while driving.
- Surveillance Footage – Nearby businesses, intersections, and even vehicle dashboards can be equipped with cameras that may have caught the accident as it occurred. Video evidence of the actual collision can show who had the right of way, how fast cars were moving, the position of each vehicle, and whether traffic laws were violated.
- Medical Records – Medical records provide a crucial connection between your injuries and the accident. They can contain ER or urgent care visit notes, diagnostic imaging, chiropractic or physical therapy reports, specialist referrals, prescription records, and doctor’s notes outlining your symptoms, treatment, and prognosis.
- Expert Testimony – In some instances, your car accident lawyer may consult with experts to prove the other party’s negligence and show the impact and extent of your injuries. That can include accident reconstruction experts who can analyze the crash and determine its cause, medical experts who can connect your injuries to the accident, and vocational experts who can explain how the injury impacts your ability to earn a living.
What Compensation Could Be Available for an Indiana Whiplash Injury Claim?
Compensation in a whiplash claim can cover both the financial costs of the collision and the physical, mental, and emotional damage it caused. Our car accident attorneys can seek compensation for your losses, including:
- Medical Expenses – You may be entitled to compensation for any ambulance services, ER visits, doctor’s appointments, surgeries, prescription medications, medical devices, physical therapy and rehabilitation, and future medical expenses related to your injuries.
- Lost Income – Whether you missed a few days for follow-up appointments or your injuries have made you unable to work indefinitely, the liable party could be responsible for covering your lost wages. That includes hourly wages or salary, commissions and tips, missed raises or promotions, sick days and vacation time, medical benefits, diminished earning capacity, and future lost wages.
- Pain and Suffering – Often, the physical pain, mental anguish, and psychological trauma you endure are the most significant consequences of whiplash injuries. Pain and suffering compensation seeks to account for these intangible losses.
What Is the Average Settlement for Whiplash Claims in Indiana?
No two whiplash claims are precisely the same, which means that there is no “average” settlement. However, the factors that affect car accident settlements often include:
- Severity and duration of the injury
- Degree of pain and emotional suffering
- Total medical expenses
- Ability to return to work
- Evidence available
- Limits of related insurance policies.
Perhaps the most critical factor in determining the outcome of your case is the personal injury attorneys you choose to represent you. They can work to obtain the evidence necessary to build a compelling claim and seek maximum compensation.
Get Help from an Experienced Indiana Car Accident Lawyer
Truitt Law Offices has proudly protected the rights of Indiana whiplash victims for over 40 years. In that time, we’ve achieved a considerable track record of substantial settlements and verdicts for our past clients, many of whom have added to our 100+ five-star reviews on Google. While past outcomes do not guarantee future results, they do indicate our law firm’s level of experience with complex cases such as those involving whiplash.
If you have suffered whiplash injuries in a car crash or other accident someone else caused, we want to be your fiercest advocates as you seek justice and fair compensation. Contact us today for your free consultation.
