WHIPLASH LAWYERS IN LEXINGTON, KENTUCKY

The initial shock after a car accident can cloud the perception of injuries that may not immediately reveal themselves. One often underestimated injury is whiplash, which can manifest days after the incident, but its impact can be far-reaching.

At Spencer Law Group, our team of attorneys can help you through the challenges of whiplash injuries, beginning with the basics of understanding the condition and moving on to the vital action steps victims should consider taking.  

We have the resources, experience, and knowledge to fight for your deserved compensation after an injury. Contact our office in Lexington, Kentucky, to schedule a free consultation today.  

What Is Whiplash?

Whiplash is a colloquial term that refers to a neck injury due to a rapid and forceful back-and-forth movement of the neck, similar to the cracking of a whip. This type of motion strains the neck muscles and can cause damage to the delicate supporting ligaments. It's commonly associated with rear-end car accidents but can occur in several other scenarios, including contact sports, falls, and physical assaults. The injury is typically one where the soft tissues of the neck are affected, which means it may not always be visible on imaging tests. 

What Are the Symptoms of Whiplash?

The symptoms can vary in nature and intensity and may include:
 

• Neck Pain and Stiffness: The most common symptom of whiplash is neck pain, which can range from mild to severe and may be aggravated by moving your neck.  

• Headaches: Headache is another common symptom and is often related to the neck pain and stiffness that typically accompanies whiplash. 

• Dizziness: This symptom can vary from mild to severe. Severe cases of dizziness can indicate a more serious injury and may require immediate medical attention.  

• Blurred Vision: In some instances, blurred vision can arise from the weakening of the eye muscles or can be a symptom of a more severe injury. 

• Fatigue: Fatigue can result from the body's response to trauma and from dealing with the pain and discomfort. 

• Trouble Concentrating: Whiplash can cause cognitive difficulties such as impaired memory and slowed thinking or processing of information. 

• Irritability: The stress associated with the injury and recovery can also lead to mood changes, including irritability. 

• Other Psychological Difficulties: It is not uncommon for individuals with whiplash to experience depression, anxiety, and disruptions in sleep patterns in the short term. 

• Symptoms Beyond the Neck: While whiplash is a neck injury, it can also present symptoms affecting the shoulders, upper back, and arms. This occurs due to the spread of discomfort from the cervical spine to the neighboring areas. 

What Are the Possible Complications of Whiplash?

Most cases of whiplash improve with the appropriate conservative treatment, but it's essential to be aware of potential complications, including: 

• Chronic Pain: For some individuals, whiplash may result in chronic neck pain and other ongoing symptoms that can significantly interfere with the ability to carry out daily activities.  

• Post-Traumatic Stress Disorder: Whiplash can also lead to psychological conditions like PTSD, especially if the injury is severe or if the person has a pre-existing psychological condition. 

• Severe Cases: In the most severe cases of whiplash, individuals may experience neurological deficits or a condition known as myelopathy, where the spinal cord becomes functionally impaired. 

• Effect on Work and Personal Life: The effects of whiplash on work and personal life should not be underestimated. Severe injuries can result in long-term disability and a significant reduction in the quality of life. 

What Should I Do If I Feel I May Have Whiplash After My Accident?

Receiving an accurate diagnosis and appropriate medical treatment after a car accident is crucial, particularly as it pertains to potential whiplash injuries. The steps to take are: 

• Seek Medical Attention: No matter how minor you think the accident might have been, it's essential to seek medical attention as soon as possible for your own well-being and to establish an official record of your injuries. 

• File an Insurance Claim: Promptly file an insurance claim and ensure all details of the accident and injuries are reported. Provide the insurance company with all necessary information and documentation to support your claim. 

• Gather Medical Records and Evidence: Request copies of all medical records related to your diagnosis and treatment for whiplash. Additionally, gather any other useful evidence, such as witness statements or accident reports. 

Legal representation can be invaluable in ensuring your rights are protected, particularly with complex claims such as whiplash and when dealing with insurance companies. 

Should I Consult an Attorney for My Whiplash Injury Case?

The decision to consult a car accident attorney is a critical one and largely depends on the complexity of your case. An attorney can assist in ensuring you receive fair compensation and in navigating the legal process, particularly if your case involves any of the following scenarios: 

• The severity of your whiplash injury is disputed or is complex, involving a prolonged or difficult recovery. 

• There is a question about who is at fault for your accident, or if fault is being disputed. 

• There is a need to negotiate a settlement with an insurance company. 

• Your case is going to trial. 

How to Initiate a Whiplash Injury Claim

If you've been involved in an accident, it's important to take the right steps to ensure you're properly compensated for your injuries. Here's what you need to do: 

• Collect and Preserve Evidence: Document as much as possible about the accident and your injuries. Photograph the scene, exchange information with the other driver, and gather witness statements if applicable 

• Notify the At-Fault Party’s Insurance Company: You have a duty to mitigate your damages, which includes informing the responsible party’s insurance company that you are making a claim for injuries. 

• Attend All Necessary Medical Evaluations: It’s crucial to attend all medical evaluations to diagnose and treat your injuries fully and effectively. The extent of your injuries will influence the value of your claim. 

• File a Claim: Submit your claim as soon as possible. The faster you can do this, the quicker you can receive compensation for your medical bills, lost wages, and suffering and pain. 

Negotiating the Settlement

Negotiating a settlement with an insurance company after an accident can be a daunting process, but it's crucial for securing the compensation you're rightfully owed. Here's a step-by-step guide to navigate the negotiation: 

• Initial Offer: The insurance company may provide an initial settlement offer. It is unlikely to be the full and just amount you're entitled to. It is the beginning point for negotiation. 

• Review the Offer and Document Costs: Analyze the offer against your documented financial costs and pain and suffering. Ensure all your expenses and losses are accounted for in the offer. 

• Responding to the Offer: Consult with your attorney about your response. You may choose to make a counteroffer, reject the offer and demand a higher amount, or accept if the offer is reasonable. 

• Final Settlement: Once there is agreement on a final settlement, the matter is typically concluded, and you receive compensation. 

What to Do If Your Claim Is Denied

Don’t panic if your claim is denied. You can:
 

• Get a Written Explanation: Ask the insurance company for a written explanation of why your claim was denied. 

• Seek Legal Representation: Consult with an experienced lawyer who can assist in navigating the reason for the denial and considering an appeal or legal action. 

• File an Appeal: If you have the grounds to contest the denial, file an appeal by providing additional information or contesting the insurer’s decision with their complaints department.