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Soft Tissue Cervical and Lumbar Sprain/Strain Whiplash Injuries in North Carolina


The truth is that even many violent automobile collisions do not result in catastrophic injuries such as broken bones, torn muscles, or brain injuries. The majority of North Carolinians involved in car accidents and 18 wheeler crashes are able to walk away without permanent, life changing injuries. Nevertheless, many less severe injuries can still result in considerable financial burden, physical pain, and disruption to life. Among the most common type of injuries from motor vehicle crashes and tractor trailer wrecks are cervical (neck) and lumbar (lower back) strains and sprains. These are many times referred to by physicians as whiplash injuries. After a car wreck, you may have questions about how to recover fair compensation for whiplash injury.

The Raleigh car accident attorneys at Maginnis Law are experienced in helping folks recover compensation for cervical sprains and lumbar strains. If you have questions, we are glad to offer a free consultation about your case. Just call attorney Shawn Howard at 919.480.8526.

Some helpful tips in whiplash injury car accident cases include:

  • You do not have a duty to provide the automobile insurance company with a recorded statement either about the car accident itself or your injuries. The insurer will frequently try to trick in you into minimizing your injuries before they have an opportunity to progress (as they often do), and the insurer will use that recorded statement against you later. They may also try to use the recorded statement as an opportunity to get you to inadvertently state that the car accident was partially your fault. There is absolutely no obligation that you give another driver’s liability insurance company a recorded statement in North Carolina. Please note that this is different if you are pursuing an Uninsured or Underinsured Motorist claim. Under that circumstance, you may have a duty to give a recorded statement.
  • Make sure if you have pain after the car wreck that you get treated sooner rather than later. Any delay in seeking medical attention will be used against you by the automobile insurance company. While you may not feel comfortable going to the emergency room for neck or back pain that is not severe, a trip at least to an urgent care or orthopedic physician to be evaluated can be a good idea. The serious pain after these sorts of injuries does not usually set in for a few days but that does not stop insurance companies from arguing that the reason for your delay in treatment was because you were not really hurt. Adjusters at major carriers such as Allstate, State Farm, Geico, Nationwide and others routinely use a delay in seeking treatment to deny claims or minimize the offer on a claim.
  • It is often times a good idea to see a medical doctor before seeing a chiropractor or physical therapist. Many insurance companies minimize chiropractor or physical therapy only claims. However, if a doctor has referred you to a chiropractor or physical therapist, that can help justify your claim for medical expenses.
  • Make sure you obtain all of your medical records and medical bills. You will need these to prove and negotiate your claim. Do not forget that if you had an emergency room visit there will likely be several bills, including a hospital bill, an emergency room physician bill, and possibly radiology and laboratory bills.
  • If your claim involves lost wages because of your whiplash injury, be sure the claim is adequately documented. This includes getting a note from your physician about the whiplash injury and a statement from your employer as to the hours missed and your wage or salary.
  • If a bad wreck is what caused your back and neck pain, make sure you photograph the damage to your vehicle. Insurance companies know that jury verdicts in soft tissue / whiplash cases involving a bad wreck routinely return larger verdicts than in those cases involving minimal damage to the vehicle. Photographs of the vehicle can help increase the value of your case. If there is something about the scene of the crash that shows the force of the wreck, such a bent guardrail or debris all about, take a picture of that as well.

It is possible for many North Carolinians to handle their cervical sprain / strain injury claims by themselves. In some whiplash cases, this may actually work out better than hiring counsel. However, in other cases it may be best to have an experienced personal injury attorney. The North Carolina injury lawyers at Maginnis Law have represented countless folks who have suffered both short term and long term whiplash injuries as a result of serious motor vehicle collisions. We offer free consultations for any North Carolinian who has suffered a lower back or neck strain or sprain as a result of a car accident or tractor trailer wreck. If, after speaking with us, you would prefer we help with your cases rather than you go it alone, we will do so on a contingency fee basis – meaning that you only have to pay attorneys’ fees if we make a financial recovery on your behalf. If you would like a free telephone or in-person consultation, call our lead personal injury attorney, T. Shawn Howard, at 919.480.8526 or visit our contact page to submit a new case inquiry. We are able to assist in soft tissue whiplash cases throughout North Carolina, including in the Raleigh-Durham area, the Triad, Charlotte, Wilmington, Fayetteville, Greenville, New Bern, and Asheville and the rest of the western part of the state.

 

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