Can You Sue for Whiplash After a Car Accident in Massachusetts?

Whiplash is a frequent injury in Massachusetts motor vehicle accidents. It is also one of the most common reasons why people file personal injury lawsuits against other drivers. Whiplash is a serious injury. Depending on the severity of the injury, you could require extensive medical treatment and pain management. Additionally, a serious whiplash could keep you out of work for days, weeks, or even months. If the accident was another driver’s fault, they should be held liable for your financial losses and physical pain.

Whiplash injury cases are often challenging. Because it is typically a soft-tissue injury, whiplash is not always present in diagnostic tests. Insurance companies will allege the injury is not as severe as you claim, especially if there is little physical damage to your car. The Boston car accident injury lawyers at the Law Office of John J. Sheehan are committed to aggressively fighting for people hurt in car accidents.

You should not be burdened with the financial costs associated with recovering from a whiplash injury. While you concentrate on your welfare and health, let our team handle your case. Whether we are filing a claim in court or negotiating with an insurance company, we have the resources, skills, and expertise to fight for your maximum compensation. Call (617) 925-6407 today.

What is Whiplash

Whiplash is a non-medical term for an injury that occurs when the muscles, tendons, or ligaments in your neck strain or tear from a whipping motion of your head. This type of violent motion often occurs when a passenger or driver is subjected to the forces of a rear-end collision. While a whiplash injury could cause immediate pain, it is not uncommon for a victim to experience symptoms anywhere from hours to days after the accident.

Treatment for whiplash usually includes a combination of two or more types of remedies, including pain medication, massage therapy, orthopedic care, physical therapy, and chiropractic care. If a victim’s symptoms do not resolve in a few weeks, they could require additional treatment, including seeing a specialist such as an orthopedist. These treatments could prove costly, and if your injury was severe, could be required for an extended period.

Proving That You Suffered a Whiplash Injury in a Massachusetts Car Accident

As discussed above, whiplash injuries are typically defined as an injury to someone’s neck or head due to a sudden and back and forth motion. These violent jerks usually occur in a car accident, especially rear-end collisions and broadside accidents. Whiplash symptoms could range from neck pain and upper back to numbness and soreness in your arms and shoulders.

One of the first things our Boston personal injury attorneys will want to know is when you first sought medical treatment. Did you receive emergency care immediately following the accident, visit an urgent care center the following day, or make an appointment with your doctor weeks later? When you received treatment is an important factor in determining the value of your injury case. It also plays a significant role in piecing together the required medical documentation linking your injury to the collision. The further removed your treatment is from the accident, the more difficult it becomes to link your injury to the crash.

An accident victim that goes to the emergency room immediately following a car crash because they are experiencing severe neck pain will have an easier time convincing an insurance company, judge, or jury that their neck injury resulted from the collision. If you wait weeks to see your doctor, connecting your neck pain to the accident becomes considerably more difficult.

The vehicles involved in the accident are also valuable evidence. In fact, many insurance adjusters will often emphasize the damage each vehicle sustained. If your car suffered significant damage, an insurance company usually takes the injury claim more seriously. This means you are likely to receive a more reasonable settlement offer. However, if your car only sustained some minor damage around the bumper, an insurance adjuster will be hesitant to make a fair settlement offer.

Whiplash injures are soft tissue injuries. This means that, even though you are experiencing severe pain, the injury might not be obvious on an x-ray or MRI. Therefore, having medical records tracking your symptoms is vital.

Additionally, our Massachusetts personal injury lawyers will turn to expert medical testimony. Having a doctor or biomechanical expert provide context to the medical evidence, test results, and your medical history, provides context and weight to your claim.

For example, emergency room records could be examined to determine if you were experiencing the same symptoms and complaints immediately following the accident. The medical records will also include what tests were performed and the initial diagnosis. The burden rests with you to prove to an insurance adjuster, judge, or jury that you suffered a whiplash injury in the accident. Furthermore, you must prove to what degree you were injured. In addition to the emergency room records, our office will gather treatment records from your primary doctor, physical therapist, or chiropractor to paint a picture detailing the progression of your treatment and recovery. This includes collecting all your medical bills to support your expenses and financial losses. All of this information is critical for our Cambridge car accident lawyers to build a compelling case.

Massachusetts Car Accident Lawyers Offer Free Consultations for Whiplash Victims

Whiplash is a common and often serious injury following a car accident. If your injury is severe, you could be facing months of expensive medical treatment, prescription medication, and physical therapy. Our Somerville personal injury lawyers want to ensure that the driver or party at fault is held accountable. Call (617) 925-6407 to book an appointment at the Law Office of John J. Sheehan.