Home Law The Whiplash Injury and Your Options There

The Whiplash Injury and Your Options There

by Gerua Senia

The so-called whiplash injury is the most frequent lesion in consequence of a road accident. We have talked about it in various articles, both with reference to quantification, and with reference to legislation. Due to its frequency, insurance companies are increasingly resisting offering compensation, thanks to some recent legislative changes (for more information, read here instead). Here I will indicate in a schematic and essential way what needs to be done to obtain what in technical terms is called “full compensation”.

After the accident, go to the emergency room

After an accident, there is often an underestimation of the symptoms, which however usually arise after a few hours. Those who report whiplash may also experience the first symptoms the next morning if the accident occurs in the evening. The important thing is that it is not more than 24 hours late to go to the emergency room. Better now, no later than the next day. Otherwise, the delayed activation to obtain diagnosis and treatment will appear as the result of an attempt at speculation, rather than as indecision or an excess of optimism (which it usually is). In any case, certifications and especially instrumental diagnostic tests (x-ray, CT scan, etc.) have much more probative force than they are carried out shortly after the damaging event. The Overland Park Accident Lawyer is the right choice there.

Choose legal assistance

You should have an experienced traffic accident lawyer on hand right away when you get involved in an accident. And call him as soon as possible, perhaps even to ask for advice on what to do (how to fill in the CAI form, if you need to call the brigade). If you do not have a trusted person to contact, inquire in any way (even on the internet, as you are doing now) to find a professional expert on the subject. Then coordinate with him to set the practice in the best way. The legislation on the compensation of damages from road accidents is full of traps, and the risk is to preclude the possibility of asserting one’s rights.

Certification, diagnostics, therapies

In the hospital the emergency room doctors are always very optimistic. Someone arrives at my office with three-day prognosis certificates, and a considerable sequence of ailments and symptoms, perhaps a week after the accident. It is very important if you want to get compensation it is appropriate to certify all symptoms, especially in their duration, in order to avoid that the certificates appear healed after a few days, when in most cases this is not the case. 

And every symptom must be investigated. Here a further problem arises: it is usually evaluated whether it is worth losing time, money, and perhaps undergoing irradiation for symptoms that are not particularly severe, which hopefully are transient. In the event that the physical problems derive from a road accident, however, it must be kept in mind that without diagnostic imaging injuries are not compensated. 


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