Understanding Compensation for Whiplash in North Dakota Rear-End Accidents

One of the most common rear-end accident injuries is whiplash, which occurs when your neck suddenly snaps back and forth. This whip-like motion can tear or overstretch the neck’s soft tissues and muscles. Whiplash symptoms aren’t always immediately obvious. Sometimes they take hours or even days to manifest, and can last several weeks or even longer.

If you were injured in a rear-end accident through no fault of your own, you are probably wondering how you are going to pay for your medical bills and other damages, especially if you are unable to work. A North Dakota personal injury attorney can help you understand what you should do next.

What is whiplash?

Whiplash is a soft tissue injury. Many people who suffer from whiplash experience pain, stiffness, headaches, and trouble moving around.

One of the most common causes of whiplash is rear-end car accidents. Due to how a rear-end crash causes the body to move, even a low-speed collision can still result in injuries. Insurance companies often try to downplay these kinds of claims, but the injuries can be very real.

Because whiplash injuries are not always visible on standard imaging tests, proving your injury will take more effort. That is why getting medical care and keeping thorough records is important.

Who is liable for a North Dakota rear-end accident?

The driver who caused the crash is usually at fault. Drivers must allow sufficient space to stop safely. If they get too close or aren’t paying attention, they may hit the car in front of them.

Of course, each case is different. Sometimes more than one party will be at fault. A multi-vehicle collision or a sudden stop, for example, may raise questions of fault.

North Dakota follows the rules of modified comparative fault, which means that your financial compensation could be reduced if you contributed to your own injuries. If you are found to be 50% or more at fault, you could be barred from recovering tort damages.

What types of compensation are available?

If someone else’s negligence caused your injuries and other damages, you might be able to get your money back. The goal here is to “make you whole” again by helping you get back on your feet financially.

In North Dakota, depending on your no-fault benefits and the facts of your case, the financial compensation available for a whiplash case may include money for medical care, such as doctor appointments, physical therapy, prescription drugs, and any future medical care. If your injury kept you out of work, you might be able to recover lost wages for the time you were unable to work. In some cases, compensation may also include pain and suffering, if your injury meets North Dakota’s serious injury threshold.

If whiplash makes it hard to accomplish basic tasks or enjoy hobbies the way you usually do, that can also be taken into consideration. Out-of-pocket expenses may also be recoverable, like the cost of traveling to and from necessary medical appointments or other expenses associated with the injury that you paid for yourself.

As every situation is different, the total amount of compensation available will depend on the facts of your case.

How will an attorney prove my whiplash claim?

It can be harder to prove whiplash claims than claims for other types of injuries. Insurers may doubt the severity or existence of your injury because there is usually no visible evidence. Medical records, doctors’ notes, and a detailed record of how the injury affects your daily life can help strengthen your case.

A North Dakota personal injury attorney can help you get evidence, talk to doctors, and present your case in such a way that makes it clear how your injury has affected your life.

Dealing with insurance companies

If you get into a rear-end accident, you will almost certainly have to deal with insurance companies. They may seem helpful at first, but don’t get confused; their main goal is to pay you as little as possible.

They might make you a fast settlement offer or ask you to give them a recorded statement. Make sure you understand the full cost of your damages before you agree to anything. Once you accept a settlement offer, you generally cannot go back and ask that same insurer for more money for the same claim. Insurance companies often like to claim that a victim’s injuries aren’t as bad as they’re making out or that they were caused by something else.

Having a lawyer on your side who understands how things work can help you avoid making common mistakes and make sure your claim is handled properly from the outset.

What is the filing deadline for a North Dakota rear-end accident?

In North Dakota, you have a predetermined amount of time to file a personal injury claim, known as the statute of limitations. North Dakota law usually gives you six years from the day the accident occurred to file a personal injury lawsuit (but no-fault and PIP benefit claims can have shorter deadlines, and there are some exceptions).

Although six years sounds like quite a long time, it’s usually better to take action much sooner. Evidence can be misplaced, and memories can fade. Getting started early can help you make your case stronger.

A North Dakota personal injury attorney can help you file your claim on time and make sure all the necessary steps are taken.

Call Larson Law Injury & Accident Lawyers after a rear-end accident

From medical bills to lost wages, the impacts of whiplash can add up quickly. Understanding your rights is an important part of moving forward.

If you’ve experienced whiplash from a rear-end crash, contact the legal team at Larson Law Injury & Accident Lawyers. We can help. Call us or fill out our online contact form to schedule a free consultation with a North Dakota personal injury attorney and learn more about your options.