If you’ve been in an automobile accident and suffered a case of whiplash as a result, depending on the severity of your injury you may need medical treatment. Due to the fact that any treatment you seek from a medical care professional will come at an extensive cost, including physical therapy costs in long-term care cases, you may be entitled to compensation from the insurance company for these medical expenses. So, when an insurance adjuster for whiplash claim values your damages, how does he do so?
How Whiplash Effects the Injured Person
A whiplash injury is typically caused in an accident as a direct result of the rapid deceleration at impact, causing the head to jolt forward and then back.
- The effects of whiplash are a result of the hyper-extension of the spine and soft tissue of the neck, causing swelling and in some cases, severe pain in movement.
- Though fortunately whiplash isn’t typically considered a severe life-threatening ailment, the effects of the injury can be long-lasting and partially disabling.
The problem with this claim in general is the fact that, unless the affected area is swollen, the doctor has to take the patient’s word that they are in pain and dealing with limited mobility. Because of this fact, many people either try to claim this injury in fake claims, or severely extend their period of payment for their injuries. Due to this, the insurance industry is extremely discerning when it comes to claims of a whiplash injury.
How the Adjuster Sees Your Injury
How the insurance claims adjuster will view your personal injury will depend directly on what avenue you take as a means of seeking compensation. You do have two choices.
- One is to file a claim with the insurance company in a direct sense, and
- The other is to hire a personal injury attorney to address your claim against the insurance company for you, possibly filing a lawsuit
If you file a claim with the insurance company directly, in most cases you will be pressured to settle outside of court for payment for your injuries. However, if you decide to file a claim with a personal injury attorney, they may be able to pose a case for you resulting in a payment for both general damages and/or special damages.
General damages are payments made to you by the insurance company to compensate for your physical pain and/or anguish, and for the initial treatment of the injury. This is generally a calculated one-time payment.
Special damages are typically on a more fixed scale, and they are generally used to cover more extenuating circumstances, mainly losses suffered due to time off of work, lost quality of life during the long-term care for your injury, expenses you incur for the repair of your car including your rental car fees, etc.
Getting Help
As a general rule, in order to ensure that you have received the absolute maximum benefit from your claim, and to make sure your rights haven’t been infringed on by the insurance company, your best option is to immediately contact a reputable personal injury attorney once you’ve been treated for you injury.
