Soft tissue damage like a whiplash or a sprain is very common among car accident victims. However, unlike other types of injuries involving broken bones, damaged organs and torn ligaments, some soft tissue injuries like whiplash can be quite difficult to prove to your insurance providers or in a court of law. This can often impact your compensation or payout. But, armed with the right information, you can get maximum payout for any soft tissue damages you might have sustained in a car accident.
Take All Preliminary Steps
Admittedly, getting the other party’s details is the last thing on your mind when you’re injured in a car accident. However, if you’re conscious and able to do so, this is extremely important. Try and get their contact phone number, insurance details, and vehicle plate number, before going to the hospital or leaving.
If it’s necessary, contact the police (usually necessary anyway in most car collisions), then get immediate medical help regardless of whether you feel any pain or not. Some soft tissue injuries do not show up until later. Then, take note of all expenses and costs incurred during the period of treatment.
Consult With a Personal Injury and Car Accident Attorney
This might seem unimportant or even unnecessary at the time, but you’ll find that it’s an excellent decision when you’re suddenly out of pocket by thousands of dollars and wondering how you can get it all back.
Compensation from the insurance provider is meant to help you get back to where you were financially before the accident. And the best way to go about it and get speedy results is by consulting a lawyer. Taking this preemptive step, particularly when you’ve just started seeking medical help, can and will help you in recovering all the money spent on your treatment.
Gather All Documents and Evidence
If you have spent any money or have evidence that points to the fact that you have some serious soft tissue injury, or any other evidence that you think will help your case, get that information together before or during the consultation with your lawyer. You will also want to include a demand letter among the evidence that you gather. Often times, insurance adjusters will try to readjust your claims with the excuse that it’s possible you already had a pre-existing condition or that your injuries aren’t as severe as you say they are. This demand letter will include the details of the accident, the impact of the injury on your work and personal life, present treatments you’re getting and possible future treatments if there will be any.
The demand letter should contain every single important detail you can recall. If you have a video recording or pictures of the accident scene, you should include them along with your demand letter. This is what you’ll present as evidence when you file your compensation claims.
Attempt Settlement Negotiations
Usually, with enough evidence and proof, the defender will probably decide to settle out of court. Just make sure that the settlement covers everything you need it to, this is where your lawyer comes in. He’ll be able to properly assess the offer and advise you accordingly.
If your lawyer says the settlement is appropriate, and you feel it is reasonable, you might want to take it. However, if a reasonable settlement cannot be reached, then you will probably need to take the case to court.
If you decide to file personal injury lawsuit, make sure you get a highly experienced personal injury attorney. This will really help your case in court and will be instrumental to helping you get the best compensation payout possible.
Sources:
http://www.all-about-car-accidents.com/resources/auto-accident/car-accident-claims/writing-a-demand-letter-a-car-accident-insura
Oscar King is a recent graduate from FSU School of Law and is presently employed as a personal injury lawyer in the Tallahassee area. Originally from Melbourne, he recommends those seeking personal injury care in that area consult with the Law Offices of David R. Heil if they should need legal consultation after an accident.
