Virginia Beach Whiplash Lawyers

Whiplash is a common injury that can occur when the force of impact from a car accident, or some other trauma causes the head and neck to snap forward and back in an extreme jerking motion. In most cases, people who suffer from a whiplash injury recover within a few weeks. However, if undiagnosed or untreated, whiplash can become a chronic condition involving varying degrees of pain and discomfort.

You may be entitled to financial compensation if you suffered a whiplash injury. The experienced Virginia Beach whiplash lawyers at Anchor Legal Group, PLLC will discuss the details of your case, identify the negligent party, and pursue the maximum financial compensation you deserve for your injuries.

What Is Whiplash?

Whiplash is an injury to the muscles, tendons, and discs in the neck that is usually caused by rear-end car accidents and other collisions. When the force of impact involved in a car accident causes the head and neck to snap back and forth, it can cause sprains or strains in the neck. In more extreme cases, whiplash can cause damage to the intervertebral discs and nerve roots, particularly if the injury is undiagnosed or is not properly treated.

While whiplash is generally not a life-threatening injury, it can be painful and is associated with some or all of the following symptoms:

Pain in the neck, shoulders, arms, or hands
Stiffness in the neck
Headache
Dizziness
Reduced range of motion in the neck
Numbness or tingling sensation in the arms or hands
Peripheral nerve injury
Difficulty sleeping
Chronic fatigue
Blurred vision
Tinnitus, or ringing in the ears

Unfortunately, there have been many cases where people claim that they suffered a whiplash injury and even go so far as to appear in court with a neck brace on to collect financial compensation. As a result, personal injury lawyers generally avoid using the term whiplash. Instead, they use the following specific medical terms to describe a whiplash injury:

Hyperextension or hyperflexion injury
Myofascial injury
Neck sprain and strain
Cervical strain or sprain

How Is Whiplash Treated?

There are several treatment options for whiplash, and the most effective treatment will depend on the severity of the injury. The following are examples of some of the treatment options that can help alleviate the pain and discomfort associated with a whiplash injury and prevent symptoms from getting worse:

Physical therapy
Massage
Acupuncture
Application of heat and cold compresses

What Should I Do if I Suffered a Whiplash Injury in a Car Accident?

If you suffered a whiplash injury or any other type of injury in a car accident, it is crucial that you call 911 to report the accident and notify dispatch that there are injuries involved so they can send an ambulance to the accident scene. Once emergency responders arrive at the scene, it is important that you seek immediate medical attention, even if your injury does not appear to be serious or life-threatening. Make sure that you follow the healthcare provider’s instructions, including any physical therapy, and notify your doctor if your symptoms worsen or your pain is not going away. The following are additional steps you will need to take if you suffered a whiplash injury in a car accident:

Collect evidence for your claim. If the other motorist caused the accident, you will need to prove that they were negligent in some way. For your claim to have a successful outcome, it is important that you collect as much evidence as you can, including the following:
- Photos of the damage to your vehicle and your injuries, including any cuts, scrapes, or bruising that is visible.
- Copy of the police report. The responding officer will talk to all motorists involved in the accident and write a detailed police report. Oftentimes, this will include the officer’s opinion about who is at fault for causing the accident, which will be extremely valuable to your claim.
- Witness statements. If witnesses saw the accident happen, they may be asked to provide a statement and their contact information.
- Video surveillance. If security cameras, surveillance systems, or doorbell cameras are set up in the vicinity, get copies of any available footage.
- Copies of medical records. Obtain medical records from all providers who treated your whiplash injury, including emergency medical technicians (EMTs), emergency room doctors, radiologists, laboratories, and your personal physician.
- Lost wages. Get a letter from your employer documenting the number of days you were out of work and your lost wages.
Send a demand letter to the negligent party’s insurance company. You should wait to send a settlement demand until your doctor tells you that you have reached maximum medical improvement. If you send the letter too soon, the settlement offer may not cover your total losses, and you will be responsible for those costs. A demand letter should include the following:
- The facts about the accident, including when and where it happened, weather and road conditions, a detailed description of how the accident happened, and witness statements if you have them.
- Your injuries and the treatment you received. Avoid referring to your injury as whiplash since it is not specific and may cause the adjuster to prejudge your claim. In addition to the physical injury, describe the emotional impact the injury has had on your quality of life.
- Your total damages. These should include economic damages and non-economic damages. Economic damages are easily quantifiable. They include medical expenses, lost wages, property damage, and other out-of-pocket expenses. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. They are a bit more difficult to place a dollar value on, and insurance adjusters are likely to place a lower value on non-economic damages than you.
Prove that the other motorist is liable. You have the burden of proving that the other motorist was responsible for causing the accident. For example, if you suffered a whiplash injury after being rear-ended by the other driver, proving negligence should not be a problem. Keep in mind that Virginia follows the contributory negligence rule, which means that you are prohibited from recovering any damages if you are partially at fault. In fact, even if you are one percent at fault, you cannot recover any damages.
Recover damages. Once your settlement demand has been submitted, the adjuster has approximately 30 days to respond. If your claim is denied, or you are unsatisfied with the settlement amount, it is highly recommended that you contact the Virginia Beach whiplash lawyers at Anchor Legal Group, PLLC at your earliest convenience.

Compensation for a Whiplash Injury

If you can prove that the other motorist was at fault for causing the accident that resulted in your whiplash injury, you may be entitled to the following damages:

All medical expenses associated with your whiplash injury
Lost wages from missed work
Property damage
Pain and suffering
Loss of quality of life

How Long Do I Have to File a Whiplash Injury Lawsuit?

If you suffered a whiplash injury in a car accident, it is important that you file your claim in a timely manner. In Virginia, all personal injury claims must be filed within two years of the accident date.

If you fail to file your claim before the statute of limitations expires, your claim will likely be denied, and you will be unable to recover any damages. Your whiplash lawyer will make sure that your claim is filed well before the filing deadline.