Oct 292010

In the sphere of common car accident claims, the most frequently made claims stem from rear end collisions. According to the NTSB, an estimated two and half million rear end collision occur annually in the United States, with over one-fifth of these accidents resulting in a car accident compensation claim. Below is outlined the most commonly cited injuries in car accident claims stemming from rear end collision.

Whiplash Injuries Sustained during a Rear End Collision

In the event that a motor vehicle is hit from behind by another vehicle moving at a greater speed, the occupants within the front vehicle are jolted forward and backwards in rapid motion, with varying levels of violence pending the speed and weight of the second vehicle. The violent movement affects the human body by rapidly stretching ligaments and vertebrae in the neck and upper back most notably. Given the unexpected nature, and placement of headrests and shoulder restraints in vehicles, occupants can suffer severe complications in the cervical region. Depending on the severity of a collision, a driver and other occupants may require immediate medical intervention, or as is common in whiplash injuries, pain and other discomfort may become readily apparent only after several days have passed since an accident.

Making an Indiana Car Accident Injury Claim

If injuries do occur as the result of a rear end collision, including whiplash injuries or any other injury really, victims should consider making a car accident injury claim. A car accident injury claim will arise as the result of the accident, but in order to prepare a viable car accident injury claim, victims and their legal counsel must show the following critical elements are in place, including:

  • A viable claim relies on the fact that one or more parties were negligent in their actions preceding a car accident and held responsible, or at fault, for the damages created by their negligent actions
  • A viable claim also relies on the fact that the negligent actions taken by another driver were the proximate cause of injuries sustained by a victim,
  • A viable claim also relies on the fact that actual damages do exist, which in the case of whiplash claims, will rely on bodily injury damage claims made by victims

Almost all rear end collisions constitute clear liability, or in essence, show that the driver striking another vehicle from the rear is entirely at fault and therefore liable for damages. This will not necessarily be the case in other automobile accident claims, however, rear end collisions are reliably cases that revolve around the sole negligence and fault of another driver, which means liability laws by state are not relevant in these cases.

Dealing with Claims Adjustors and Initial Settlement Offers

Following an Indiana accident, claims adjustors from both drivers’ insurance companies will review damage claims stemming from a rear end collision. Once liability levels and fault are determined using witness statements, police reports, and accident scene photos, the insurance claims adjustors from the negligent driver will most likely offer a settlement for claims stemming from the rear end collision. As a victim with bodily injuries, such as whiplash and other damages, accepting the initial settlement offer is not necessarily in your best interest. An outline of damages relevant to whiplash claims makes this clearer.

Damages Related to Rear End Collision Whiplash Injuries

As seen below, the following are damages relevant to common Indiana rear end collisions and whiplash injuries car accident compensation claims, including:

  • Medical costs associated with a given rear end collision, including immediate medical treatment, as well as post-acute treatments and rehabilitation care, if necessary
  • Costs associated with seeking medical treatment, including travel and other considerations
  • Lost income as the result of injuries, which will be calculated based on current or most recent income earnings
  • Non-economic damage claims, such as pain, suffering, discomfort, loss of mobility, and others

Especially regarding whiplash injuries, the extent of medical damages and other losses resultant from a given rear end collision will not be readily apparent. By taking one’s time and using legal counsel, a victim in rear end collisions can gather accurate documentation supporting their damage claims, which may include medical bills, statements from physicians, and other statements from experts regarding the expected future cost of treatment. In addition, your attorney can determine what is a fair and applicable damage claim relevant to non-economic damages, such as pain, suffering, loss of mobility, diminished quality of life, and other considerations.

Consulting an Indiana Attorney for More Information Specific to Your Claims Case

By using an Indiana attorney, victims can negotiate with claims adjustors regarding a settlement related to car accident compensation damages, which requires documentation and other measures to use as effective leverage in these claims. If a settlement offer cannot be reached, victims and their counsel can always file suit against negligent parties and use the civil courts to recover compensation for their losses. Consult with an Indiana car accident solicitor or car accident attorney in your area by using one of links provided below.

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