How to File a Whiplash Claim in Colorado

Whiplash is the sudden forward and back motion of your neck. While it can happen in many situations, it happens most frequently in automobile accidents when your car is rear-ended. Whiplash can happen in spite of  using a seatbelt and even with an airbag deployment. Whiplash is also an injury where symptoms can take a few days or even weeks to show up, and when they do, those symptoms can linger for years.

That’s why it’s essential for whiplash victims to secure their rights as soon as possible, guided by an experienced and skilled whiplash attorney.

The attorneys at Sloat, Nicholson & Hoover, P.C., know how to file a whiplash claim in Colorado and will fight to get the best possible outcome for you. We have years of proven experience representing victims of accidents in Boulder, so give us a call. Every whiplash case is different, and we would love to talk to you about yours.

Should I File a Lawsuit After an Auto Accident for Whiplash?

Whether you should file a lawsuit depends on your individual circumstances. If you suffered whiplash following an accident caused by another driver, you should take steps to recover compensation to pay for your medical bills, time off work, and pain and suffering. While this process may eventually require you to file a lawsuit, there are steps your attorney can take to help you settle your claim without pursuing formal legal action. Below, we outline the steps of the process to give you a better idea of what to expect.

How to File a Whiplash Claim in Colorado

Filing a whiplash claim in Colorado can be a daunting task, but having an attorney on your side can help things go more smoothly. Here are some important tips to know before filing a whiplash claim and how the claim process works.

Seek Medical Attention Immediately

Whiplash injuries can be serious. Following your accident, you should seek immediate medical attention. Common symptoms of whiplash include:

• Severe neck or upper back pain;
• Numbness in your arms;
• Dizziness and fatigue;
• Headaches, especially at the base of your skull;
• Restricted range of motion in your neck and worsening pain with neck movement;
• Pain in the shoulder, upper back, and arms; and
• Concussion symptoms like blurry vision, difficulty concentrating, sleep issues, and memory problems.

These symptoms can show up immediately, or they can show up days or even weeks later. That’s why getting prompt medical attention is so important. Your medical records and all the X-ray, MRI, and CT scan results will provide the concrete evidence we will need to prove your case. Seeking medical attention immediately helps prove that the injury, its severity, the treatment you need, and the pain you are suffering are the result of the automobile accident and not some intervening cause.

Consult with an Experienced Personal Injury Attorney

As soon as possible after your accident, you should reach out to a personal injury attorney to discuss your case. The sooner you talk to an attorney, the sooner they can help you gather evidence to start proving your claim. This may include:

• Photographs of the scene;
• Photographs of your vehicle;
• Ongoing medical records;
• Lost wage records;
• Automobile repair bills;
• Witness names, contact information, and statements;
• Weather reports; and
• Records related to any other damage.

Every accident is different, so you need information tailored to you and your circumstances. The other driver’s insurance company will want to settle things quickly and favorably for them. An experienced attorney will deal with them so you can focus on healing.

Prepare and Send a Demand Letter

Once your attorney has gathered evidence in support of your claim, they will send a demand letter to the insurance company outlining the injuries you have suffered and the compensation you expect to recover. This step initiates the insurance claim and opens negotiations with the insurance company.

Negotiate for a Settlement

After you send your demand letter, the insurance company will likely respond with an offer of settlement. Don’t be surprised if that first offer is much lower than you anticipated. Your attorney can negotiate with the insurance company on your behalf until you reach a fair settlement agreement.

File a Lawsuit

If you are unable to reach a settlement with the insurance company, you may need to file a lawsuit. Keep in mind that the deadline to file a personal injury claim in Colorado is three years from the date of the accident. If you are still negotiating with the insurance company as the deadline approaches, you will need to file a lawsuit to preserve your claim. You can then continue negotiating while the lawsuit is pending.

Discovery

Once you have filed your lawsuit, you will have a chance to gather additional evidence to support your claim. While settling may still be an option, you will need to proceed as if you are going to trial. For example, your attorney may engage medical experts to evaluate and give an opinion about your injuries. They will also have the opportunity to question witnesses the insurance company plans to call. This process will help your attorney prepare the strongest possible case if a trial becomes necessary.

Trial

If you are unable to reach a fair settlement agreement, you may want to take your case all the way to trial and argue it before a judge. In this situation, it is essential to have an attorney with trial experience who will see your claim through to the end.

Need Help Filing a Whiplash Claim in Colorado? Contact Sloat, Nicholson & Hoover, P.C. Can Help

Getting into an automobile accident can be devastating in so many respects. If you’re wondering about filing a claim for a whiplash injury, the experienced whiplash attorneys at Sloat, Nicholson & Hoover, P.C., can assess your case, value your claim, and help you identify the best course of action. With our combined 100 years of experience handling accident cases, you can rest assured that you are in good hands. Contact us today to talk about your case and begin the process with people you can trust.