3 Secret Effects of Whiplash Type Injuries

This following is based on a TRUE STORY, but is only a personal perspective from a REAL person after a REAL auto accident:

Whiplash is a tricky thing.  After you have been in a car accident, you check yourself; you look good, no broken bones, no brushes, no bleeding, and you say to self, “self, I’m okay”.  And in the moment you are okay, because your pain is masked by the overwhelming rush of adrenaline that is going through your body after such a trauma.  And yes, even though you may have been in only a minor finder bender, you have gone through a trauma.  Our bodies were not intended to be jerked around like so.

Then what happens with whiplash is you wake up the next day and are a little bit stiffness in your body and you try to convince yourself this is natural and you take a minor pain reliever.  The medication is now the thing that is masking your problem and you say to yourself, “self, I’m okay”.  You are embarrassed to make a big deal out of a non-obvious problem and try to convenience yourself it does not exist.

So, by the time you actually recognize you have a problem and go to a doctor, the x-ray show you have lost the natural curve in your neck and your spine is off-line.  And of course you think no big deal and your doctor says give me 3-5 weeks and you will be fully recovered.  Yes, you will feel okay because of being under current treatment and your alignment will look better, but for some reason you will never fully recover.  When the treatment stops, your pain comes back.  It can also come back accompanied with numbness, migraines and other problems you would never imagine.  Then years down the road your problem with your loss of curve in your neck becomes so bad, your bones start to fuse together and surgery is the only relief you find.

And the trick here is that you have already signed a general release with the insurance company and you are stuck with a life time of pain, suffering, loss of life, and medical bills after medical bills.

CLICK HERE TO SEE CHART OF WHIPLASH INJURY:  PHYSIOPEDIA.COM

Will I Get a Larger Settlement If I Go To Court?

The answer to this is of course unknown.  There are so many variables and unknowns to consider. If you have a trial by your peers, the case is worth whatever they say it is worth and if you have a crummy lawyer whom does not present properly your case you could go backwards in your settlement amount. Yet, you do get the satisfaction of your day in court.

Regardless, for us, personally being faced with no other option, we did receive more by going to court.  But what your lawyer is not going to specifically point out is that when you go to court whatever medical bills the insurance company has paid this amount will come out of your final settlement and this is not before he/she gets there percentage.

So basically it will look like:

Court awards $30,000

Minus – Lawyer fee of $10,000
Minus – Medical covered by insurance of $5,000
Minus – Court fees and expenses of $5,000

AND YOUR TOTAL = $10,000

So consider if you are willing to take a chance with the court system.  Do you have a winnable case?  Do you have a good lawyer?  Is the insurance company leaving you with no choice?