We’ve all seen that movie – where the actor walks into a courtroom wearing a neck brace, having filed a whiplash claim. They cry on the witness stand. Their lawyer yells and points at the other driver. The jury returns five minutes later with a million-dollar verdict. In the real world, it never happens this way. Your Boynton Beach car accident attorney understands this.
Whiplash is one of the most common types of injuries there are. People who get into car accidents often suffer whiplash. Whiplash is caused when your neck is stretched too far in any one direction. It’s common to suffer whiplash in rear-end collisions and other types of car accidents.
The problem with whiplash is that it’s impossible to prove you have it. All your doctor can do is say that you have the symptoms that are associated with whiplash. They can’t prove whiplash using tests like an MRI or an x-ray. This means it’s very hard to prove to a jury that you have whiplash. Wearing a neck brace will simply not suffice.
Juries are Skeptical of Whiplash Claims
Juries are already skeptical of whiplash claims. They don’t always believe a plaintiff is telling the truth when they say they have it. A lot of them know from personal experience that, while painful, whiplash doesn’t last very long. This makes your Boynton Beach auto accident attorney’s job even harder.
Whiplash usually heals itself in a few days or a couple of weeks. In fact, there is no treatment for whiplash. Your doctor can prescribe muscle relaxers or light painkillers. But there is no surgery or therapy for whiplash. You may have to wear a neck brace for a week or two, but that’s about it. This is why it’s so comical to see how television and the movies portray whiplash claims. There’s no way someone would still be suffering from whiplash a year after their accident – the amount of time it would take to get to trial.
Florida car accident lawyers know this. That’s why they work so hard to get your case settled.
Nobody wants to go to trial. Trials are time-consuming and expensive. They can get ugly. You always risk the chance that you’ll lose in court. So does the defendant. It’s in everyone’s best interest to settle the case long before it gets to court.
How Do You Prove Whiplash?
When it comes to proving whiplash, there really is no way to prove it. All you can do is offer evidence that supports your claim of whiplash. It’s not like a broken leg where you can hold up a copy of an X-ray. It’s not like a brain injury where a doctor can present images of your brain, showing the damage. When it comes to whiplash, all you have is your word and the word of your doctor.
After your car accident, you need to go to the hospital. The doctors there will examine you and run all the necessary tests to see if you’re okay. They’ll check for internal injuries and a traumatic brain injury. Accident victims who don’t get checked out risk further injury. They also risk losing in court because they lack documentation of the injuries they suffered as a result of the car accident.
When you go to the hospital, the doctor will ask you how you feel. You can describe the pain and discomfort you feel in your neck. They’ll be able to deduce from this whether you have whiplash or not.
What Kind of Damages Can I Expect?
Whiplash claims, on their own, aren’t worth all that much. Usually, they’re filed in addition to claims for other injuries. On their own, they may be worth about $5,000. And this is if you can convince a jury that you suffered whiplash.
Your lawyer will work hard to get you the compensation you deserve. Just keep in mind – it’s your lawyer’s job to make you whole. It’s not their job to make you rich. They can’t get you damages unless you suffered an actual injury. They also can’t get you more than your injuries are worth.
Call the attorneys at Gonzalez Levenson today and schedule your free initial consultation today. You can meet with an experienced car accident attorney in Boynton Beach and ask any questions you may have. They can also let you know what your case may be worth. The consultation is free and you pay nothing until you win your case.