Whiplash Injuries Are Difficult To Prove

One of the most common car accident cases that The Schafer Law Office handles is whiplash injuries. Whiplash injuries are also referred to as soft tissue injuries or a sprain/strain. These are the most difficult cases to prove in a Kentucky court. Kentucky accident victims suffering from these injuries are hurt, in pain and the injury may be having a detrimental effect on their quality of life. If people are hurt, why are these cases so difficult?

Related: Whiplash In A Kentucky Accident

Why are whiplash cases so difficult in Kentucky?
There are a number of factors. Some include:

  • There are no tests that easily show a whiplash injury.
  • Someone can easily fake this injury because the complaints are subjective.
  • Insurance companies have been successful in denying these claims.
  • There is often little property damage involved in the accident.
  • The accident victim thought the pain would go away so they didn’t go to the doctor.
  • When they did go to the doctor, they went to someone that did not have the expertise in this type of injury.
  • Juries are suspicious of what they cannot see.

Related: Whiplash: Magnetic Resonance Imaging Assessment of Ligaments 

Whiplash settlements
How can an accident victim with a whiplash injury get a reasonable settlement for their injury? Unfortunately, there is no way to guarantee an outcome. What you can do is take steps that will give you the best chance for a satisfactory outcome. Some of these steps are:

  • Getting checked out by a qualified doctor immediately!
  • Follow your care plan.
  • Document your complaints and take pictures of the damage to your car.
  • Be careful what you say to the insurance company.
  • Speak with an attorney who concentrates in car accident cases to answer your questions. Most give a free consultation.
  • Be completely honest about your pain and injury.

As a Kentucky Accident Attorney, I know that being in an accident is no joke. It’s even harder when you’re suffering from an injury that is hard to prove. That’s why it’s so important to get checked out by a qualified doctor and document everything you can. Just remember these steps and this will help you and your case.

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