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How do I prove a whiplash claim after a car accident?

We've all seen the archetypical photo of a whiplash victim with a neck brace sitting in the courtroom. However, whiplash injuries can have severe and painful effects on victims, and the medical care needed for whiplash can be costly -- too costly for some people to be able to afford. Therefore, if a negligent or unlawful motorist causes an accident that results in someone suffering a whiplash, the at-fault motorist should pay for these costs and damages under Georgia law.

If you or a family member has suffered whiplash caused by another driver's negligence, you may have a viable claim for financial damages. However, to receive a settlement or favorable court ruling, you will need to prove that (1) the whiplash occurred and (2) another party is liable.

To prove a whiplash claim, victims will need to gather the following:

  • Information pertaining to the location, date and time of the injurious collision
  • Identities, insurance information and contact information of all parties involved
  • Information, identification and badge numbers of police officers who responded to the accident scene
  • The police report for the crash
  • All medical records pertaining to any diagnoses, treatments, services, materials and costs
  • Data pertaining to lost income and career benefits

Once victims prove that they have suffered injuries caused in a car accident and that a specific party is indeed at fault or liable for the incident, they should be able to obtain compensation for their medical care. In some cases, victims can also pursue other damages related to lost pain and suffering, income, attorneys fees, litigation costs and more.

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