Albuquerque Whiplash Claims: Everything You Need to Know

Is Whiplash a Common Car Accident Injury?

Yes! As a matter of fact, whiplash is one of the most common injuries that Albuquerque car accident lawyers encounter. Though often considered a minor injury, whiplash is a soft tissue injury that can have serious and long-lasting consequences for a person’s health, job eligibility, and overall quality of life. One study even showed that 7% of whiplash injury victims were not able to return to work.

Whiplash, also known as cervical muscle strain or neck strain, is one of the most common kinds of car accident injuries. According to some estimates, over 1 million people in the US sustain whiplash injuries every year.

In The Article

What is Whiplash?

Whiplash is a term used to describe a cervical sprain, a type of neck injury. Whiplash is not a medical term usually used by doctors, but the symptoms can present differently.

How to Recognize Symptoms of Whiplash After a Car Accident

Symptoms of whiplash could be different for every injured person based on how the injury occurred. These symptoms could include:

• Pain and stiffness in the neck
• Headache
• Dizziness
• Arm numbness or tingling
• Soreness or tenderness in the shoulder(s) or upper back
• Memory problems
• Tinnitus (ear ringing)
• Blurred vision
• Shoulder pain and stiffness
• Decreased range of motion in the neck and the spine

If you start experiencing any of these symptoms after a low speed, rear-end collision, you should seek medical attention immediately. However, due to the nature of whiplash, it is usually advisable to see a doctor for a medical checkup if you’ve been in a car accident and don’t experience these symptoms.
Seeing a doctor is a vital step, even if no visible signs of an injury can be discerned and you believe you are in good physical condition. If your medical provider is able to recognize the injury, you will have a greater chance of a fast and complete recovery. In addition, the medical records will serve as an important piece of evidence, backing up your compensation claim and making it harder for the insurance company to deny it.

Causes of Whiplash

Whiplash occurs when the soft tissues in the neck, including the ligaments, muscles, and tendons, are injured by a sudden jerking of the head, causing the muscles and ligaments to go beyond their normal range of motion. Whiplash is usually caused by “forceful, rapid back-and-forth movement of the neck,” as though your neck is cracking like a whip.
Some direct causes of whiplash are:

• Rear-end car accidents
• Physical abuse
• Slip and falls
• Sports-related injuries

How to Make a Whiplash Claim in Albuquerque

If you’ve suffered a whiplash injury in Albuquerque, it’s important to understand how to navigate the process of making a claim. The first (and most critical) step is to prioritize your health. Seek medical attention promptly after the accident. Even if your symptoms seem minor, do not delay medical treatment.
If your injury isn’t extensive, you may start gathering simple evidence-including photographs of the scene of the accident and the damage to your car-right after the collision. You should also document the impact of the accident and injury on your life, health, and budget. The evidence you may gather should include your medical bills as well as the proof of other losses such as those related to lost wages due to days off work.
It is also important to remember that the car insurance company of the person responsible for your injury is likely to try to devalue your whiplash injury and offer you a quick but low settlement. You should be wary of these practices and not be intimidated into accepting the first offer you get.
In addition, it may be advantageous to work on your whiplash claim with an Albuquerque personal injury lawyer in handling whiplash injury claims. This is especially true if your whiplash is serious and is likely to have extensive, long-term consequences for your health.

Can You Sue for Whiplash in New Mexico?

Is Whiplash Difficult to Prove?

Yes. Despite whiplash injuries being so commonplace, its victims may sometimes find it challenging to recover compensation after filing a claim with the at-fault party’s insurance company. The reasons for this are two-fold. First, a whiplash injury can occur after a low speed, rear-end collision that produces little property damage. Second, any symptom of whiplash, along with the true extent of the injury, may only manifest itself after a few days or even weeks after the accident.
As a result of both of these factors, whiplash injury victims sometimes delay the decision to start working toward their compensation claim. Insurance companies tend to take advantage of this delay by downplaying the injury, minimizing its effects on the victim’s life, and ultimately making an unfairly low compensation offer.
Thus, it’s important to learn how to recognize a whiplash injury and what medical treatment and legal steps you should take to ensure you will be able to recover-both in terms of its physical and financial impact.

What Should I Do If My Whiplash Claim is Denied?

If your whiplash injury claim is denied by the car insurance company, it can be disheartening, but you still have options. Here’s what you should do:

• Carefully review the insurance company’s denial letter. Pay close attention to any specific details or documentation they may have requested and ensure you understand their rationale.
• Consult with your personal injury attorney in Albuquerque. They can review the denial letter, assess the viability of appealing the decision, provide valuable insight into your options, and help you navigate the appeals process effectively.
• Gather any additional documentation or evidence that may strengthen your claim. This can include additional medical records, witness statements, or expert opinions to support your case.
• Work with your personal injury attorney to file an appeal with the insurance company. Be thorough in your appeal, addressing each reason cited for the denial and providing compelling evidence to support your claim.
• Consider alternative dispute resolution. If all attempts to resolve the claim through appeals are unsuccessful, look into mediation or arbitration. A car accident attorney from Ron Bell Injury Lawyers can advise you on whether this approach is suitable for your situation and represent you during the process.
• File a personal injury lawsuit. If all attempts to resolve the claim through the methods listed above are unsuccessful, you may consider filing a personal injury case against the at-fault party. Your attorney can guide you through the legal process and represent your interests in court.
• Continue to prioritize your health and well-being. Attend any necessary medical appointments and follow your treatment plan to ensure you recover fully from your whiplash injury.

Navigating a denied whiplash injury claim can be challenging. However, with the guidance of an experienced Albuquerque personal injury attorney and persistence, you can still pursue the compensation you deserve. If you trust in your legal representation and remain proactive, you stand a better chance of a successful outcome.

What is the Statute of Limitations for Whiplash Claims in New Mexico?

The statute of limitations in New Mexico for personal injury claims, including whiplash injuries, is three years from the date of the accident. It’s essential to keep this timeline in mind. Failing to file within the specified timeframe can result in the loss of your right to seek compensation. Although the statute of limitations for New Mexico personal injuries is three years, it’s essential to consult with an attorney as soon as possible after your injury. They can help you understand the specific deadlines that apply to your whiplash claim, as certain circumstances may affect the timeline.

Can a New Mexico Car Accident Attorney Help Me with My Whiplash Claim?

The experienced personal injury attorneys from Ron Bell Injury Lawyers can be invaluable assets in whiplash settlements. Our team has over 40 years of experience representing individuals who have suffered whiplash and other injuries due to accidents, whether they occur on the road, at work, or in other circumstances. We can help you navigate the complexities of the claims process for personal injury cases and maximize your chances of receiving fair compensation.

• You don’t have to accept the insurance company’s settlement offer. We will advocate for your rights and interests when dealing with the other driver’s insurance adjusters.
• We can help you gather evidence, such as medical records, eyewitness testimony, and expert opinions, to support your claim.
• We will assess the full extent of your damages, including not only medical expenses but also lost wages, emotional distress, and pain and suffering damages.

Whiplash injuries can seriously impact physical health, emotional well-being, and overall quality of life. These intangible losses need to be acknowledged and compensated appropriately. With a skilled attorney by your side, you can rest assured that your rights will be protected and that you will have a strong advocate fighting for what you deserve for your whiplash injury.

Frequently Asked Questions About Whiplash

How Much is the Average Whiplash Settlement?

The average settlement for a whiplash injury can vary significantly depending on various factors, including the severity of the injury, the extent of medical treatment required, and the impact on daily life and work. More severe cases with long-term or permanent effects may result in higher settlements, while milder cases with minimal impact may yield lower compensation. Consulting with a personal injury attorney who can assess the specific details of your case is crucial in determining a fair and appropriate settlement amount.

What Evidence is Needed for a Whiplash Claim?

• Medical records documenting diagnosis, treatment, and prognosis of the whiplash injury.
• Doctor’s notes and reports detailing the extent of the injury and recommended course of treatment.
• Imaging tests such as X-rays, MRI scans, or CT scans showing any structural damage or abnormalities.
• Receipts and invoices for medical bills incurred, including hospital visits, consultations, medication, therapy, and rehabilitation.
• Records of missed work and lost wages due to the injury, including documentation from your employer.
• Photographs of the accident scene, vehicle damage, and visible injuries.
• Witness statements or testimonies corroborating the events leading to the whiplash injury.
• Police reports or accident reports if law enforcement was involved. You can file a police report online in Albuquerque if police did not come to the scene.
• Any additional evidence supporting the circumstances of the accident and the resulting whiplash injury.

Can Whiplash Cause Traumatic Brain Injury?

While whiplash itself is a neck injury caused by a sudden, rapid movement of the head backward and then forward, it’s not typically associated with traumatic brain injury (TBI) directly. However, in some cases, particularly in a severe car accident or when the whiplash injury is accompanied by a significant impact to the head, it’s possible for a TBI to occur concurrently with whiplash. The sudden jerking motion of the head in a whiplash injury can sometimes lead to the brain hitting the inside of the skull, potentially resulting in a mild concussion or other forms of brain injury. It’s essential for individuals who have experienced whiplash to seek medical attention promptly, especially if they are experiencing symptoms such as headache, dizziness, confusion, memory problems, or other cognitive difficulties, as these could indicate a possible TBI.