People suffer from Whiplash Associated Disorder (WAD) more often than any other type of injury in a car crash.
Commonly known as whiplash, this condition goes beyond temporary pain. Having whiplash can have significant long-term effects that prevent you from working and living life in the same way that you did before the accident.
Those affected by whiplash suffer even more damage if they are not identified early enough and fail to receive the compensation that they need in order to recover.
When you suffer a whiplash injury due to an accident in Portland, you may wonder if you are entitled to compensation. Here, we’ll discuss what a whiplash injury is and how to obtain compensation for your losses.
Contact us today at 503.852.5761 to find out how we can help you.
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What Causes Whiplash?
Usually, whiplash will occur after a sudden impact to the neck and shoulders, which will cause the body to remain motionless as the head moves forward.
A whiplash injury is a soft tissue injury that can lead to disability in extreme circumstances, and long-lasting pain. Car accidents are a top cause of whiplash, and medical expenses associated with your whiplash injury may be recoverable by filing a claim against the at-fault party.
Injuries caused by whiplash vary in severity depending on the amount of force and speed involved but normally result in sprains or tears of the ligaments, muscles, and tendons.
Physical evidence of injury might not be revealed by an X-ray, MRI, or other imaging diagnostic measure. All these tests will result in significant expenses that you may not have planned for.
With the help of a Portland whiplash injury lawyer, you can gain peace of mind during this challenging time.
Symptoms of Whiplash
Various types of accidents can lead to whiplash, but it is most commonly associated with motor vehicle accidents.
Passengers and drivers wear seat belts that keep their bodies restrained but allow their heads and necks to move freely. In a collision, the vehicle will come to a sudden halt, but not the heads of the passengers.
Symptoms of whiplash may not show immediately. When an accident occurs, the body senses danger and hormones such as cortisol and adrenaline are released, which mask pain.
Even if you feel no injuries right away, it is imperative to seek medical attention after an accident.
Once the numbing effect begins to subside, people with WAD may encounter a variety of symptoms, including:
- Pain in the back, neck, and shoulders
- Visual impairment
- Soreness and pain in the jaw
- Ringing in the ears
- Vomit and nausea
After a collision, it is always best to secure medical treatment immediately to detect injuries that may not cause you discomfort right away.
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What to Do After a Whiplash Accident in Portland
If you have suffered whiplash, taking smart steps can help promote your physical healing process and strengthen a potential injury claim against the at-fault party.
Here’s what to do after a whiplash accident:
- Take pictures and videos of the accident scene and any visible injuries.
- Avoid discussing fault, apologizing, or saying you’re unhurt.
- Seek medical treatment as soon as possible, as whiplash often takes time to manifest symptoms.
- Follow your doctor’s treatment plan and attend all appointments.
- Contact an experienced Portland whiplash injury attorney to discuss your legal options.
Is Whiplash a Long-term Condition?
Many people who suffer from whiplash recover within weeks; however, some people may experience symptoms for much longer than that.
The Mayo Clinic notes that victims of whiplash may endure long-term pain if their initial symptoms were sudden, severe, and included the following:
- Intense neck pain
- Migraine or headache
- Severe pain in the arms
Furthermore, people who suffer whiplash are at an increased risk of developing long-term side effects and complications if they have:
- Previously suffered from whiplash
- Are older
- A history of neck and back pain
How Do You Prove a Whiplash Injury Claim in Oregon?
Recovering damages after a whiplash accident requires you and your attorney to prepare an evidence-based claim that establishes the other party’s responsibility for the accident.
Here’s how to prove whiplash injury-related losses:
- Gather documentation of the accident and your medical treatment. Hold on to any receipts, bills, statements, doctor’s notes, and other paperwork.
- Collect any evidence showing what caused your whiplash, including accident reports, surveillance footage, and eyewitness statements.
- Keep a record of your symptoms and daily challenges, as they may evolve after the accident as you begin treatment.
- Work with outside medical experts and accident reconstructionists who can connect your injury to the accident.
Insurance companies often dispute liability for whiplash claims, alleging that there’s no proof of your injury.
In other cases, they may utilize Oregon’s comparative negligence law under ORS 31.600 to minimize or deny your claim by putting the blame on you. Any percentage of fault the insurer can assign to you will reduce your financial recovery accordingly.
If they can prove you’re more than 50 percent at fault for your injury, you aren’t entitled to recover compensation.
Extensive documentation and expert opinions can help support your account, but they can be difficult to track down on your own.
Our experienced Portland personal injury attorneys can investigate the accident that caused your whiplash and work to secure all vital evidence.
What Compensation Can You Recover for a Whiplash Injury?
A whiplash injury can require extensive medical care, a lengthy healing process, and time away from your job and the activities you enjoy. Under ORS 31.705, you may be owed compensation for these and other accident-related losses, including:
- Current and future medical expenses
- Rehabilitative care
- Lost income while recovering
- Reduced future earning potential
- Replacement household services
- Pain and suffering
- Emotional distress
- Loss of quality of life
The types and amount of compensation you may be entitled to will depend on the specific facts of your case, particularly whether the injury is expected to have long-term repercussions.
Rizk Law can review the details and prepare a claim that accounts for the full scope of your losses.
Frequently Asked Questions About Whiplash Injury Claims
Rizk Law gets many questions from clients suffering from whiplash injuries. Here are the answers to some of the most common ones we receive.
How Much Does It Cost to Hire a Whiplash Attorney?
The whiplash injury lawyers at Rizk Law work on a contingency basis.
That means the initial consultation is free, and we don’t charge any upfront fees. Any payment we receive comes as a percentage of whatever amount we recover on your behalf.
How Long Do I Have to File a Whiplash Injury Case in Oregon?
Under ORS 12.110, you generally get just two years from the injury date to file a lawsuit and pursue your case through the court system.
Some personal injury cases are subject to different time limits, which could shorten or extend how long you have to act. A Portland personal injury lawyer can clarify the specific deadline for your case and help you file on time.
How a Portland Whiplash Lawyer Can Help
Almost all car accidents are caused by carelessness or unreasonable behavior, allowing victims the right to proceed with a personal injury claim.
By working with an experienced whiplash injury attorney, it may be possible to hold the responsible party liable for the accident by collecting evidence regarding the crash and presenting a strong case.
A Portland car accident attorney can handle all the procedures, documentation, and keep you updated throughout the claims process while you heal.
Keep in mind that whiplash can occur after many other types of accidents as well, including truck, motorcycle, slip-and-fall, boating accidents, and many others. Rizk Law attorneys can help you regardless of the circumstances.
Contact our office today by calling 503.852.5761.
Speak with a Reputable Whiplash Attorney in Portland
If you have sustained whiplash because of another’s negligence, your lawyer can help protect your rights and tell you whether you might be eligible for compensation.
At Rizk Law, our legal team evaluates and guides you through the claims process keeping your interests at heart. Schedule your free, no-obligation consultation by calling (503) 342-0783 or completing our online contact form today.
Fill out our Free Case Evaluation form to get started.