What evidence do I need to get money for whiplash after a car accident?

Whiplash car accident settlements rely on the injured party proving that another driver was at fault, at least partially, in causing injuries or other damages. For whiplash related claims, the injured party must prove the following elements in order to have viable grounds to demand settlement offers, or if necessary, file suit to recover compensation.

• First, an injured party must prove he or she was involved in auto accident, which was the fault of another driver, at least in part. Depending on the state negligence laws, certain claims will require an injured party proving that another driver was at least more than half at fault, while in other states, shared fault for car accident causes will not bar right to recovery of damages.

• Once the issue of fault is analyzed and determined (this is usually negotiated between insurance companies shortly following the accident, often based on witness statements, drivers statements, and the police report), the injured party must provide documentation supporting that he or she has sustained whiplash injuries.

• When filing a claim with an insurance company, the driver will need documentation from medical professionals explicitly stating that he or she has suffered some form of medical injuries related to whiplash, and in turn, provide documentation supporting the past, current, and expected future need for treatment of these injuries.

• This information and documentation, alongside other legal evidence, will be compiled and filed with an insurance company in the form of a demand letter, which essentially lays out an injured party’s case, including the fault in the accident, the injuries sustained, and the compensation demanded for injuries