Legal Options for Whiplash Injuries Under Arizona Law

Whiplash is one of the most common injuries after a car accident, particularly rear-end collisions. However, it’s also widely misunderstood and downplayed, which can make it hard for victims to seek medical care and take legal action. On top of that, insurance companies tend to challenge claims of whiplash, putting injured victims in a position where they are trying to show an injury that is notoriously difficult to prove.

That’s why it’s important to work with a legal team that understands the challenges you’re facing and is committed to advocating for you. At Verderame Law Group Arizona Injury Lawyers, we fight for fair and full compensation on behalf of injured clients. Give us a call to discuss your case with our car accident lawyers.

Why whiplash claims are treated differently from other injuries

Unlike broken bones or lacerations, whiplash doesn’t always have obvious and objective proof. You can look at an accident victim and see that their arm is broken or that they were cut by a shard of glass; you can’t look at them and see the soft tissue injury in their neck. Unfortunately, this makes them an easy target for insurance companies that want to minimize payouts.

Insurance companies may argue that the crash wasn’t that severe, that you didn’t go to the doctor fast enough, or that there’s no medical imaging showing a real problem. Despite what insurance companies may say, whiplash is a real medical condition that can cause serious pain and mobility loss. Symptoms may take hours or days to develop fully, further complicating these claims.

What counts as whiplash legally and medically

Whiplash is typically defined as a neck strain or sprain caused by sudden force resulting from rapid back-and-forth motion. In a car crash, your neck whips back and forth violently, putting an abnormal amount of pressure on the soft tissues of your neck. The symptoms that develop can disrupt your daily life and take months or even years to resolve. Symptoms include:

• Neck pain and stiffness

• Headaches radiating up from the base of the skull

• Limited range of motion

• Shoulder and upper back pain

• Tingling in the affected area

• Fatigue

One of the most important things you need to recognize is that your injuries aren’t any less serious or deserving of treatment simply because they are harder to measure and take longer to show up. It’s surprisingly common for accident victims to feel fine after a crash, only to wake up after a night of sleep, realizing that they should have gone to the doctor.

The role of medical documentation

Whiplash cases can be won or lost by the quality and amount of their medical documentation. Seeking medical care as soon as symptoms appear—or even better, right after an accident—makes it easier to create a clear link between the accident and your injuries. If you seek care immediately after a collision, any injuries that are discovered during your appointment are easier to link to the collision. If you don’t go to a doctor for days or weeks, the insurance company may try to claim that your injuries are the result of something that happened in the interim.

Strong medical documentation may include:

• An initial medical evaluation at the ER, an urgent care center, or a primary doctor appointment

• Follow-up visits showing your ongoing symptoms

• Physical therapy records

• Imaging results

Consistency is an important part of strong medical documentation. You’ll want to show that you were consistent with your treatment. Missed appointments, skipped physical therapy sessions, or other gaps in treatment can be a red flag to insurance companies. They may claim that if you stopped or paused treatment, your injury must have recovered enough to no longer warrant compensation.

What should you expect when filing a claim in Arizona?

Arizona is an at-fault state, so the party that causes your car accident is generally liable for covering damages. Claims are typically paid out by the other driver’s insurance company.

Your whiplash claim may begin when you start working with a car accident attorney or when you reach out to the other party’s insurance company. You’ll provide evidence you have related to the collision and your medical needs, including the crash report, medical reports, proof of time away from work, and property damage.

From there, the insurance company will try to negotiate a settlement. They generally prefer not to go to court if they can avoid it.

However, even though they don’t want to end up on the wrong end of a lawsuit, that doesn’t mean they’re quick to offer full compensation for your injury. They may still use a number of tactics to drive down the value of your claim. They may point to any delays in care as proof that you weren’t seriously injured, hint that your whiplash may be exaggerated or completely falsified, or rely only on minor cases of whiplash when determining how much compensation they want to offer.

Soft tissue injury compensation in Arizona

The compensation you may receive for a whiplash injury isn’t limited to your medical bills, although they do often make up a significant portion of your final compensation. Other expenses that may be included in your settlement or court award are:

• Future medical expenses

• Lost wages

• Reduced earning capacity

• Pain and suffering

• Emotional distress

Pain and suffering damages may be based on the severity of symptoms and duration of recovery. However, note that pain and suffering compensation is often contested. Your car accident attorney can help you strengthen your claim to prove the extent of your pain and suffering.

Suffered whiplash in an Arizona car crash? Let’s talk about your options

The team at Verderame Law Group Arizona Injury Lawyers is here to help you take legal action after your car accident. If whiplash has left you with chronic pain, brain fog, or limited mobility, start your claim now. Contact us online or call us now.