– Hello, this is John Kellyfrom the Kelly Law Team.
I want to talk to you abouthow you can get the most money out of your whiplash case,how much can I get out of a whiplash case in apersonal injury situation.
So, I have four thingsthat I think are key points that you can do: one, youneed to be able to gather your evidence, and that mightbe the most important point.
Two, find your right providers,medical care providers.
Three, submit your demand.
Four, negotiate and settle.
So, for the number one thingthat you need to know to do to get the most out of yoursettlement is to gather your evidence.
So, typically with a whiplashyou have an auto accident, usually it's a rearend type of situation where you're at the scene.
You just got rearended, what do you do? You want to make surethat one, you're getting the information ofthe party that hit you before you let them leave.
And ideally youwould call the police and have them take a reportso that the other person can be cited.
Gathering the evidenceearly is very important to estab;ish a claim later on.
You want to if you can getphotographs of the damages and the place that thevehicles were at the time of the accident.
You also want to make surethat you're finding witnesses that might be involved thatwould be able to help you establish what exactly happened.
The next thing you want todo is start taking notes on your injuries.
If you do need to gettreatment right away, go to the hospital.
If you're in a lot of painthat's the best thing to do, and if you need to be takenvia ambulance you need to go.
So, sometimes peoplesay, "I don't want to go via ambulance.
" If they're offeringit, often they think that you need it,so that's important.
So, when you find yourprovider, later on you're gonna beneeding treatment.
So you want to find a providerthat is a good provider that would documentyour case well.
And what that means is thatthey're actually taking accurate notes aboutwhat your injuries are.
Because whiplashes aretypically soft tissue injuries, there isn't always somethingthat's gonna show up on an x-ray.
If it does show up onan x-ray or a cat scan, something like that, itwould be helpful to help establish your claim, buta lot of times those x-rays will come back and they'lljust tell you, look, you have soft tissue swelling.
Those can makechronic pain, though, and they can last a long time.
And so you need to makesure that your doctor is able to articulate exactlywhat's causing this pain, and pinpoint where itis as best possible.
So, if you find good doctorsthat are able to do that, you can question them beforethey start setting you up with any kind of treatmentplan about how to do that, that will give you agood idea of what you're gonna have in theend of the case when you do get their notes.
The doctor should be doingthings like range of motion, checking up on youeach time you go in to see how much painyou have, you know, maybe doing follow-up, x-rayscans, that kind of thing, send you with exercises,sometimes massage helps.
You know, whetherit's physical therapy or chiropractic care or justyour primary care doctor, all of them, you want tokeep your appointments, you want to make sureyou don't miss any.
You also want to make sureyou take your medications if they're prescribedto you, or at least talk to your doctor about that.
If you don't want totake them, that's fine.
Some people don't, butjust have the doctor know why you didn'twant to take those.
So then the other partabout keeping your notes, and your doctor's notes,is your own notes, which are helpful to establishyour pain and suffering that you're havingin the accident.
So, from the daythat you get hurt, all the way maybe threemonths later your treating, it could be two months,it could be six months, but you should be takingdaily or weekly notes about what you're going through.
What are the things in yourlife that you're no longer able to do? If you were a bike riderand you can no longer ride your bike, you were aswimmer, you weren't able to swim for three weeks,or maybe you had a vacation and you couldn't sit ona plane for that long, it's too much pain, so youdidn't go on your vacation.
These are all things thatyou can add to a demand later on that willheighten the ability to get more money forpain and suffering.
The final, well, the nextstep, I guess step three is gonna be to submit a demandon the insurance company.
So, this might be a situationwhere you want to make sure where you stand withthe insurance companies, and whether you havean attorney or not doesn't necessarily matter,but what you want to know for sure is whatkind of policy limits you're dealing with.
The person that hit you,what their policy has, what you have inyour own policy, and it might be a goodidea to at least talk to an attorney aboutthat process to make sure that you're getting everythingthat's in your policy.
So that's somethingto keep in mind, but put together a documentthat has all your bills, all your records, thefull bills and records, any treatment notesfrom your doctors, all of your notes.
You can, you know, make asummary of your injuries and what you've beenthrough, and submit a demand to the insurance company.
Again, if there'sliability issues, meaning the insurance companyhas not accepted liability, of if your injury isa little more severe, it's a good idea beforeyou do something like this to talk to your attorney,'cause you have to keep in mind that it's possible that someof the things that you do could be later usedagainst you at trial.
So if you're giving statementsto the insurance company about your injuries often, it'snot necessarily a good idea.
With the demand, those canstay confidential, typically.
They aren't something thatusually goes to trial, so you can write that,but it's a good idea to consult with alawyer first on that.
And then, typicallyyou want to give them about 30 days to respond to you.
And then the finalthing, four, is negotiate and settle your claim.
So, you want to askfor more than you think that you're gonnaget, typically.
You want to set yourgoals of, say, how much you think your claim is worth.
You know, you may say,look, I have $5,000 in medical bills, Iwant $30,000 here, knowing that I'm probablynot going to get all of that.
But you want to give yourselfroom to try to negotiate with the insuranceadjuster on the case.
And then you want to goback and forth with them a couple of times and seeif you can get them up to as high as possible.
Again, any time throughoutthe process if you're feeling like you havequestions, most attorneys will give you afree consultation.
If your injuries area little more severe it is a good idea tocontact an attorney because you may haveliens and hospital bills and all sorts of thingsthat can kind of hold up your case and maybe makeyou potentially make some mistakes.
But if you do have anyfollow-up questions, please just give me acall to Kelly Law Team.
You can call me at 602-283-4122.