Whiplash is a common injury that can occur during a car accident, sports activities, or any other event that involves a sudden jolt to the head or neck. It is a painful and debilitating injury that can have a significant impact on a person’s life. Even in a minor car accident, the neck can whip back and forth causing trauma to muscles or tendons. That jerking motion can lead to a painful whiplash injury. If you have been involved in an accident and have suffered from whiplash, you may be wondering if you can sue for compensation.
Although most whiplash injuries are minor, victims can still recover compensation for the injury and resulting damages in an insurance settlement or lawsuit in Colorado. If someone else’s negligence caused your car accident or other incident, you may have the right to file a lawsuit. If you sustained a whiplash injury in a Colorado car accident, contact our Denver car accident attorneys to discuss your case.
What is whiplash?
Whiplash is a neck injury that occurs when the head is suddenly jerked back and forth, causing the neck to whip or snap. It is most commonly associated with car accidents, especially rear-end collisions, but it can also be caused by other events, such as falls or sports injuries.
The symptoms of whiplash can include neck pain and stiffness, headaches, dizziness, fatigue, and blurred vision. In some cases, these symptoms can last for several weeks or even months, and they can make it difficult to work or carry out everyday activities. Our car accident clients often experience:
- Neck stiffness
- Loss of motion in the neck and shoulders
- Tenderness in the shoulders and neck
- Tingling or numbness in the arms or shoulders
- Dizziness or vertigo
- Blurry vision
- Fatigue or trouble sleeping
You may experience symptoms of a whiplash injury immediately after a car accident or sometime later from hours to days after a collision. The adrenaline of a crash may mask symptoms or you may be immediately focused on a more serious injury. You should seek a medical evaluation from a physician for potential whiplash or other injury as soon as you notice symptoms following a car accident, sport injury, or physical violence.
Do You Need to Prove Whiplash to Recover Compensation?
If you have suffered from whiplash, you may be able to recover compensation for your injuries. However, you will need to provide evidence that your injuries were caused by the accident, and that they have had a significant impact on your life. Evidence of a whiplash injury may include:
- X-rays, MRI, CT scan and other diagnostic imaging
- Physical evaluation by a medical doctor
- Medical records indicating symptoms and diagnosis
- Photos and videos of the car accident and visible injuries
To do this, you will need to seek medical attention as soon as possible after the accident. Your doctor will be able to diagnose your injury and provide you with a treatment plan. They will also be able to provide you with a medical report, which will be important evidence in your case.
In addition to medical evidence, you may also need to provide other evidence to support your claim. This could include witness statements, photographs of the accident scene, and records of any expenses you have incurred as a result of your injury, such as medical bills or lost wages.
It is also important to note that the amount of compensation you can recover for your injuries will depend on a number of factors, such as the severity of your injuries, the impact they have had on your life, and the level of negligence on the part of the other driver or party.
What damages can I recover under Colorado personal injury law?
Under Colorado personal injury law, you can recover economic and non-economic damages for a whiplash injury. The amount you may recover will depend upon the severity of injury, how it affected your life and any other injuries you sustained. You may obtain damages through a settlement or by filing a personal injury lawsuit in Colorado. Your recoverable damages may include:
- Past and future medical bills
- Physical therapy and other treatment bills
- Medical devices such as a neck brace or collar
- Prescription medications
- Lost wages due to inability to work caused by your injuries
- Physical pain in your neck, back, shoulders, or arms
- Emotional distress
- Loss of enjoyment of life
You can pursue damages for your vehicle repairs or replacement if your car sustained damage in the accident. Punitive damages may also be available depending upon the circumstances of your case. You and your lawyer must prove the negligent party caused your injury and the amount of your damages. Medical records, lost wage documentation, photos, videos and other evidence will help prove the value of your case to an adjuster or jury. Talk to a lawyer about your case to determine the necessary evidence to present a full claim for your damages.
The average settlement for a whiplash injury caused by a car accident
The amount of compensation you can recover for whiplash can vary widely, depending on a number of factors. However, the average settlement for whiplash is typically between $10,000 and $20,000. Keep in mind that the “average” personal injury case may be very different from your accident claim. In some cases, the amount of compensation may be higher, especially if the injury has had a significant impact on your life. For example, if you have been unable to work as a result of your injury, you may be able to recover compensation for lost wages, as well as for pain and suffering.
To ensure that you receive the maximum amount of compensation possible for your injuries, it is important to work with an experienced personal injury lawyer. They will be able to review your case and provide you with guidance on the best course of action. Keep in mind that under Colorado law, you generally have three years from the date of your accident to file a lawsuit or settle your claim. Your Denver personal injury attorney will evaluate your case to determine the applicable legal deadlines and act to pursue your case.
Contact a Denver car accident attorney to discuss your whiplash injury case
If you have suffered from whiplash as a result of an accident, you may be able to recover compensation for your injuries. However, you will need to provide evidence that your injuries were caused by the accident, and that they have had a significant impact on your life.
To ensure that you receive the maximum amount of compensation possible, it is important to work with an experienced Denver personal injury lawyer. They will be able to guide you through the legal process and help you to build a strong case. If you sustained a whiplash injury in a car accident in Colorado, contact Front Range Injury Attorneys to discuss your claim. We offer free consultations so you can talk to a lawyer at no cost about your legal options.