Serving clients in Fayetteville and all of NW Arkansas
Have you been in an accident in Rogers Arkansas and now find that you have a whiplash injury. You are not alone if you have some confusion about the extent of your injuries and what you can do in the event you have been injured and now need to seek medical attention. Fortunately, if you have sustained a whiplash injury there are things that you can do, and the law may be able to provide you with some compensation to pay for your injuries.
What is Whiplash?
Whiplash is generally defined as a soft tissue injury that happens when the neck and head are rapidly thrust forward due to a sudden impact. The most typical cause of whiplash injuries are car accidents and in particular, rear-end accidents. Whiplash injuries can range from minor injuries that will heal on their own and may not present any symptoms to severe and debilitating injuries, which can affect all aspects of a person’s life.
Common Whiplash Causes and Symptoms
So far whiplash injuries have been blamed on car accidents, and while car accidents are the main cause of whiplash injuries there are many other reasons why a person may sustain this type of injury. Some of the common reasons for whiplash injuries include:
- Slip-and-fall accidents – slip and fall accidents can cause whiplash injuries very similar to a car accident. When a person falls, particularly when they fall on their back, it is possible that a person’s head and neck may be thrust forward causing whiplash.
- High impact sports – certain sports have a higher probability that a person will sustain a whiplash injury. Sports such as snowboarding, skiing, boxing, football, and gymnastics have all been linked to whiplash injuries.
People often have the notion that whiplash injuries occur because of a high impact force, however, a whiplash injury can be sustained from an accident where the vehicle or the person is traveling at speeds as low as five to ten miles per hour.
Who Pays For a Whiplash Injury in Arkansas?
When you have sustained a whiplash injury or any other type of injury as a result of an accident you may wonder who will pay for the expenses that you have incurred. Determining liability is a factually complex issue and one that can leave many people feeling like they are trapped in between insurance companies.
Arkansas has established a fault-based system for its insurance laws. Under these insurance laws, a driver is required to carry auto insurance in case of an accident. When there is an accident in Arkansas Drivers may choose to do any one of the following:
- File a claim with their own insurance carrier. Their insurance company will then, in turn, seek reimbursement from the at-fault driver’s insurance company.
- File a claim directly with the at-fault driver’s insurance carrier, or
- File a personal injury lawsuit over the accident.
These insurance policies are designed to protect mote than just the car and but area also designed to protect people who may be injured as a result of a car accident. The “fault” element in the Arkansas insurance system means that the driver or the drivers in the event of an accident where multiple drivers were found to be at fault, will bear the financial responsibility. Often times the financial responsibility is satisfied through the respective insurance. The at-fault driver will be responsible for all injuries and property damage stemming from the accident.
What Should You Do if You Have Been Involved in an Accident and Now Have a Whiplash Injury?
After an accident there are certain things you can do that can increase your chances of recovering any damages you may have sustained as a result of your accident.
- Keep track of all medical records – Keeping track of all your medical records can be a crucial factor in a court case. You should keep all of your hospital bills, written diagnosis from doctors, prescription medication, and any other document that indicates your injury, treatment, and ongoing medical needs, in one place so that in the event you need to file a case, you do not need to try to hastily collect this information.
- Track all costs associated with your injury – When you have been injured and have to seek medical attention you are going to incur some costs. You should keep a log of all your costs from cost of trips to and from the hospital and doctors appointments, lost time from work, to childcare.
- Record how your symptoms affect your daily life – As noted above, whiplash injuries can range from minor injuries to severe and debilitating ones, if your whiplash injuries are so severe that they are impacting your daily life, such as you are losing sleep, missing out on family functions and events, are unable to engage in hobbies or activities you used to enjoy, you may be able to include these in your accident claim.
- Gather evidence of the accident – After an accident it may not be the first thing on your mind, but you should take the time to take photos of the scene, the cars, and all injuries on your body and on other people who may have been involved, get witness contact information in the event that they saw the accident and made any statements, find and request police reports.
Staying organized after an accident is the best course of action and one that will serve you well in the event that you need to file a personal injury claim.
Rogers, Arkansas Whiplash Attorney Ken Kieklak Is Here To Help
For more than 20 years Ken Kieklak has fought for hard-working Arkansans injured by another person. If you have been seriously hurt because of another person’s negligence, Ken Kieklak, Attorney at Law can fight to hold them financially responsible for your injuries. To schedule your free and confidential personal injury consultation call 479-439-1843 or contact us online.
As part of applying for disability, you may need to fill out a “function report.” This form requires a large amount of information about your daily life and life-tasks, focusing on what you are and are not able to do. After you give the Social Security...read more
Workers’ compensation and disability are two programs that work to the benefit of injured and disabled workers respectively. However, there are differences between workers’ comp and disability that a person should know about before filing an application for either...read more
Drivers behind the wheel of a car or truck have a responsibility to drive safely and follow the rules of the road. Pedestrians walking along the road or crossing the street have little to no protection from airbags, seatbelts, or other protective devices, and they...read more
After being involved in a car accident, most people involved will focus on the issue of fault. People wonder whether they are at fault for the crash or how they can prove the other driver was at fault. In most car accident cases, “fault” is determined by looking at...read more