There can be BIG MONEY for Whiplash Injuries

Whiplash injuries can pay big. While you may have enjoyed the movie Whiplash, there is nothing to enjoy about whiplash injuries. Whiplash injuries occur when the head suddenly moves backward and then forward suddenly with great force. Injuries are severe. Other driver was at fault. Your injury claim with the automobile insurance company can potentially pay big. Even if your injuries are mild, if the other driver was at fault, you are typically looking at a car accident injury settlement that pays at least $5,000 in most cases if you receive at least some medical treatment. In whiplash injury cases, the neck injury may not even be clear to the victim right after the accident. It may not be until the next day or two until the full extent of the neck injury is clear to you. Keep in mind, in order to secure a car accident injury settlement for your whiplash injury, it's necessary that you prove the other driver was negligent or reckless, meaning that they were at least careless in some way. So for instance, maybe they are texting and driving, speeding, drinking and driving, or impotent. Also, insurance companies would value a whiplash motor vehicle accident cases. Look at the amount of property damage done to the vehicles involved when valuing the injury case. Insurance company will likely not offer a huge amount on a case where the vehicles have little to no property damages following the accident. However, if the vehicles have a tremendous amount of property damage due to the accident, an insurance company is likely to offer the whiplash victim more money in such a scenario. Getting an MRI on your neck is crucial in a whiplash case. If the MRI just shows you sustained a soft tissue injury, these are the lowest valued whiplash cases in the eyes of the insurance companies. But again, they still have some value in most cases provided you at least had some medical treatment. If the MRI shows you sustained a bulging disc, the insurance company will value your claim higher than just a soft tissue injury case. And if a herniated disc shows on the MRI, an insurance company will value your claim even higher than a bulging disc claim. So what is the difference between a bulging disc and a herniated disc you ask? Well, a bulging disc is said to be like letting air out of a car tire. For a whiplash injury, this is where the disc in the spine of your neck sags and looks like it is bulging outward. On the other hand, a herniated disc is where the outer covering on the disc has a hole or tear and causes it to leak fluid into the spine. A herniated disc is also known as a rupture disc or disc protrusion. The amount of treatment you receive for your whiplash injury has a significant impact on the value of your case. The whiplash cases with the most value are whiplash injuries where one has surgery on their neck. These types of cases can sometimes be worth in the millions if there is enough insurance to cover your damages. I had a recent case where I represented a gentleman that had a whiplash injury in a car accident. He first contacted me months after the car accident. He did not even get treatment right away after the accident. In fact, he had been treating with pain management and doctors for years due to issues with his neck pre-existing the accident. The first time he told a medical writer about his aggravated condition was several days after the motor vehicle accident. The insurance companies kept calling about his accident and wanting to know more about his injuries. My client was lost as to what to do next. So he called me a couple months after his motor vehicle accident. I informed him in his best interest to wait to try to settle his case as we wouldn't know the value of his case until he was done treating and reached maximum medical improvement and had to have surgery. Over a year after his accident, he had surgery on his neck. I sent a written demand to the insurance companies involved in the case demanding that they pay the insurance policy limits. One of the insurance companies tried to delay paying out the limits but I put an expiration date on the policy limits offer and stuck with the expiration date despite the insurance company trying to get me to push back the expiration date. Ultimately, all insurance companies involved in the case paid its policy limits resulting in a significant settlement recovery for my client. One thing to take away from this story I share is that someone that has pre-existing neck problems that aggravates their neck due to a whiplash injury in a car accident is more prone to suffer significant injuries due to whiplash. Thus, oftentimes like with my client I just mentioned if you have pre-existing neck problems and suffer a whiplash injury it's more likely you may need surgery as opposed to someone that has never had neck problems before. One tip I will give that is very important in whiplash cases especially whiplash cases where there's at least a bulging disc involved is to send a demand in writing for the policy limits to the insurance company. The insurance company will either be forced to deny liability in your case if they claim their insured driver was not at fault, make you an offer for a specific amount, or offer you their insurance policy limits. Also keep in claim for underinsured motorist coverage if you have that type of coverage on your automobile policy. Underinsured motorist coverage is a type of insurance coverage you may have on your automobile insurance policy that pays out for your damages in the event the at fault driver does not have enough insurance to cover all your damages. The steps to preserve your underinsured motorist claim in Kentucky are a bit complicated so I would highly encourage you to consult with an injury lawyer to make sure your underinsured motorist coverage is preserved properly. If you have suffered a whiplash injury due to a hit and run accident or with an uninsured driver, keep in mind you can still pursue your claim for injuries against the uninsured motorist coverage on your automobile insurance policy if you have this type of insurance coverage. At the end of the day, your claim is usually only worth at most the amount of insurance applicable to your claim. To learn more about the ins and outs of personal injury cases, please watch more of my videos. And if you are injured in Kentucky, remember to don't wait, call Tate to get your free consultation for your injury case to see if I can represent you for your case.