Making an Injury Claim for Whiplash After an Accident in Illinois

Making an Injury Claim for Whiplash After an Accident in IllinoisCar accidents can happen in a blink of an eye, but the effects can last much longer. Whiplash is one of the most common and painful lingering injuries from a crash. It can often be overlooked or even manifest weeks after the accident. Still, it can wreak havoc on your neck, back, and spine, even leading to lifelong discomfort and disruption to your daily life.

Let’s learn a little more about what exactly whiplash is, how it occurs, and why it’s crucial to seek immediate medical attention and legal support if you’re suffering from this injury.

Identifying whiplash symptoms after an accident

Whiplash typically occurs when an impact causes your neck and back to suddenly move forward and backward as a result of a collision. This force can sometimes strain or tear soft tissues, tendons, and muscles, causing severe pain. In some cases, whiplash can damage or dislocate your spinal discs. Common whiplash symptoms include:

  • Vertigo or dizziness
  • Fatigue
  • Reduced mobility in the back or neck
  • Neck pain
  • Shoulder pain
  • Pain and tenderness in arms or hands
  • Headache
  • Blurred vision
  • Ringing ears
  • Disturbed sleep
  • Trouble with focus or memory

Whiplash symptoms take time to develop – anywhere from a few hours to a couple of days, depending upon the impact and the nature of the collision. When our body absorbs an impact, it releases adrenaline, putting us in fight-or-flight mode. This is one reason why we don’t immediately feel the pain, as adrenaline can temporarily mask it. Once adrenaline begins to wear off, however, different parts of our body start aching, including from whiplash.

In most cases, people recover from whiplash within weeks. However, whiplash injuries can lead to chronic pain in some people, which can take several months or even years to heal. This can manifest as severe periodic pain in the neck, but some people also complain of pain in their arms or hands.

It is not necessary to have all the symptoms mentioned above to be diagnosed with whiplash. You should visit your doctor immediately if you’re experiencing even a few of them. If you’ve suffered a whiplash injury in an accident in Illinois, don’t hesitate to contact an accident lawyer to discuss your legal options for compensation.

Identifying liable parties in a whiplash incident in Illinois

Illinois follows an at-fault system, meaning that the person who caused the accident is responsible for all resulting injuries, vehicle damage, and financial losses, including medical bills and lost wages. However, proving negligence requires strong evidence. You must prove that the other party was at fault.

Unfortunately, insurance companies often dispute these claims to minimize damages and to protect their bottom lines. What’s more, it’s not always that difficult for insurance companies to successfully minimize your damages. This is because:

  • Whiplash injuries take days to develop
  • Whiplash is not a readily visible injury
  • Whiplash injuries do not show up on standard scans like X-rays

To avoid potential pushback from the insurance company, it is always advisable to contact a car accident lawyer. Insurance companies have large resources at their disposal to fight claims, so leveraging an experienced car accident lawyer greatly improves your chances of positive negotiations and better terms for your claim. They can also help you secure a fair settlement if the other party attempts to delay their response unreasonably.

How to strengthen your whiplash injury claim after an accident

If you’ve suffered a whiplash injury in a car accident, there are several ways to strengthen your claim. To file a successful claim in Illinois, you will need to prove that:

  • The accident happened
  • The negligence of an at-fault party led to the accident and your injuries
  • You experienced damages resulting from their negligence

To achieve this, you will need to follow these four steps:

Report the accident and document the accident scene

Do not leave the accident; instead, immediately report it to the authorities in Illinois. Also, if possible and safe to do, take photos and make videos of the accident scene and your injuries. Do not post any of this on social media.

Do not admit fault

Do not talk to anyone. Avoid apologizing, even as a courtesy, as insurance companies may use it as an admission of fault. Stay silent, avoid engaging with an at-fault party, and wait for the police to arrive at the accident scene. Do not say you are fine or uninjured if the police or anyone asks you. Just respond that you’re not sure. Saying you are fine or not hurt may also be held against you later on.

Get examined by a medical professional

You should get a thorough medical examination to assess injuries. If injuries are serious and require immediate attention, call an ambulance right away. Otherwise, schedule an appointment and follow through with the recommended treatment. Be sure to save all documentation of follow-up visits and prescriptions for evidence.

Even if you feel no pain, visit the emergency room. As we’ve noted, whiplash injuries take days to develop, but an experienced doctor can identify early symptoms and provide appropriate guidance. Otherwise, delaying attention may give insurance companies a reason to dispute the seriousness of your injuries.

Contact an Illinois accident lawyer

A seasoned lawyer can help you every step of the way with your legal claim. They understand the different tactics insurance companies use to minimize payouts and can effectively counter them to strengthen your case. With their knowledge and skills, you stand a better chance of maximizing your compensation.

What to do when you are left with A whiplash injury after an accident

Whiplash injuries can affect your finances as well as your health. You must get medical attention after an accident to check if you have sustained a whiplash injury. It’s just as critical to get legal representation as soon as possible. Delaying action can worsen your chances of receiving compensation and securing a fair settlement. The last thing you want is to pay out of your pocket for an accident and damages that are not your fault.

At Glisson Law, we’ve been helping car accident victims in Illinois for more than 25 years. Our personal injury attorneys have the skills and experience to advocate for your case, provide compassionate support, and negotiate with insurance companies to help you secure your fair compensation. If you or your loved one have been in a car accident, contact us or fill out our online contact form for a free case evaluation.