When To File a Suit For a Whiplash Injury Claim

Determining whether to file suit in a whiplash injury claim is truly a case-specific decision, often based on personal sentiments as much as viable legal elements. Whiplash injuries constitute any number of damages endured by a victim to the soft tissue and ligaments in the neck. Often, whiplash injuries are caused by rear-end auto collision, however, virtually any accident can result in whiplash injuries, including slip and falls, various types of car accidents aside from rear end collisions, athletics, intentional torts like battery or assault, repetitive work-related injuries, and others. The clinical terms often associated with whiplash injuries may include myofascial injury, neck sprain/strain, cervical strain/sprain, or hyperextension and hyper-flexion injuries.

Timing of Whiplash Suit Filing

Once a victim recognizes symptoms of whiplash, as well as any other associated damages incurred when treating the whiplash, the victim should consider consulting legal counsel about filing suit. If the incident resulting in whiplash injuries is from a car accident, victims may end up receiving claims settlement offers from liable insurance parties before a claim is even forwarded by the victim. In most cases, minor whiplash injuries and appropriate amount of compensation can be obtained from insurance companies without filing suit. However, certain circumstances may require a victim to consider strongly about filing suit, including:

If the potentially liable parties or insurance companies refuse a claimant’s (victim’s) initial demand letter requesting compensation

If the injuries sustained by a victim appear to be more than minor physical soreness, the victim may consider filing suit, which may ultimately hold liable parties responsible for any extent of damages related to a whiplash injury, both temporary and permanent

If the injuries sustained in a whiplash accident where from non-automobile related accidents, or in the event another driver is not insured or under-insured, the victim should strongly consider filing suit

If the victim believes their damages to be in excess of a relatively minor figure, the patient should consider filing suit to ensure compensation for damages. Soft tissue injuries, contrary to some parodies of the legal industry, are very real, and in turn, whiplash accidents can pose serious physical problems for victims in both the short and long term, especially if left untreated

If the victim finds symptoms of whiplash injuries worsening over the next week after an accident, more physical damage may present than initially suspected, and in turn, patients should consider filing suit, while also seeking post-acute medical care

Getting Legal Help with Whiplash Injury Claims

In truth, only an attorney can accurately outline for victims when the appropriate time to file a suit is in their case, should a lawsuit even be necessary. However, without legal counsel, victims are often left on their own, virtually blind in dealing with rather complex legal and injury claims, all while recovering from their injuries. It is strongly advised any accident injury victim consult with an attorney as soon as they receive the requisite medical treatment to address their injuries.

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