Whiplash
Whiplash, also called acceleration-deceleration trauma or whiplash associated disorders, occurs after an accident. Whiplash often occurs after the following accidents: car accident, slipping, falling down stairs, skiing or assault. If another person can be held liable for the accident, you can recover damages from the liable party.
What is whiplash?
Whiplash comes in different forms and degrees, think: neck pain, stiffness and tenderness to neck pain, neurological abnormalities and fracture to the neck. On top of that, symptoms can develop such as: neck pain, headaches, insomnia, loss of balance, tinnitus, hypersensitivity to sounds and/or light and weakness of the limbs. After an accident, it may seem like you have no symptoms, but once you get home and recover from the shock, you notice that headaches begin to set in. After a few days, you notice that your neck hurts and there is loss of concentration at work. It is wise to make an appointment with your family doctor. The family doctor can assess what is needed to recover from the whiplash symptoms. After visiting the doctor it is important to take rest, this can cause you to lose income and/or incur other expenses. These costs are recoverable from the liable party.
Treatments for whiplash
It is important to get the right treatments if you have whiplash. After the accident it is important to see your doctor, your doctor can determine what treatments are needed. After whiplash, getting rest is important, it is not recommended to immediately resume your daily activities. This can cause the symptoms to worsen or last longer. The family doctor can also refer you to the physical therapist. In the first week the physiotherapist will give you exercises for relaxing the neck, after this week the treatments will be aimed at reducing the symptoms through exercises.
Whiplash compensation
If someone else is liable for the accident, you are entitled to compensation for damages. The treatments you need, the deductible and the loss of work ability suffered are eligible for compensation. Smart money is also part of the compensation, this comes on top and is determined at the end of the course.
Example whiplash and compensation
Example: At an intersection where you have the right of way, an oncoming car does not look properly, as a result the car slams into the front of your car at a considerable speed. The speed of the oncoming car is 30 km/h and your own speed is 5 km/h. Due to the impact, your car is totaled and after a visit to the family doctor, a whiplash is diagnosed. Liability is recognized 100% by the other party because there is no fault of your own.
In this example, you are entitled to compensation. This includes the daily value of the car and the treatments for the whiplash. Because of the whiplash symptoms, you were unable to work for several days and lost income. After the symptoms have been treated and the case is closed, there will be compensation for the intangible damage. Suppose that the current market value of the car was €12,500, the excess was €385, the missed net income of a week was €500, and the damages were €1,500.
Lawyer for whiplash
It is important to seek medical attention and get the right help after an accident. A lawyer will guide you through the process and help hold the other party liable. In some cases, the insurer may not acknowledge liability (in part). The lawyer will enter the discussion with the insurer and will use legal arguments to convince the insurer. After holding the other party liable, the lawyer will help build a statement of damages. The statement of damages consists of various costs and the insurer can be difficult about this. In order to get the highest possible compensation, it is important to hire a lawyer. We know what you are entitled to and communicate directly with the insurer. On top of that, we have years of experience handling personal injury cases and specialize in personal injury and whiplash.
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