Steps to Build a Whiplash Claim After a Car Accident

Whiplash is one of the most common injuries after a car accident, and it happens when the neck is forced to move back and forth suddenly. Many people underestimate whiplash or delay treatment, but this can make recovery more difficult and affect their ability to seek compensation.

At Boesen Law, we’re here to guide you through the process: Here, we’ll explain why it’s important to file a claim for whiplash and what steps to take to build a strong case.

What is Whiplash and What Causes It?

Whiplash is a neck injury caused when the head suddenly moves back and forth, straining muscles, ligaments, and tendons. The most common cause of whiplash is rear-end collisions, in which the impact forces the body forward while the head snaps backward. Other causes include sports injuries, falls, and physical assaults.

Symptoms vary but often include:

• Neck pain
• Stiffness
• Headaches
• Jaw pain
• Dizziness
• Fatigue
• Tingling in the arms

Even mild whiplash can lead to long-term discomfort if left untreated. Recognizing symptoms early and getting medical attention will prevent complications and strengthen an injury claim.

Why Is It Important to File a Whiplash Claim?

Colorado follows an at-fault insurance system, where the driver responsible for the accident must pay for damages. This means that filing a whiplash claim allows you to secure compensation from the at-fault party’s insurance to cover your medical bills, lost wages, and the pain and suffering caused by the injury. 

Additionally, whiplash symptoms can worsen over time and lead to long-term medical expenses. Without a claim, you may have to cover these costs on your own. A well-documented claim strengthens your case if symptoms develop later, preventing insurance companies from dismissing your injury as unrelated to the accident.

How to Build a Whiplash Injury Claim

Building a whiplash injury claim starts immediately after the accident. The following steps outline what you need to do to protect your rights and maximize compensation:

1. Seek Immediate Medical Attention

Getting medical care after the accident is important for both your health and your claim. A doctor can diagnose whiplash through physical exams, X-rays, or MRIs and begin treatment before complications arise. Also, medical records serve as key evidence and prove the accident caused your injury.

2. Document Your Injuries and Accident

Strong documentation strengthens your whiplash claim. Consider including the following:

• Photos and videos: Capture visible injuries, vehicle damage, skid marks, traffic signals, and road conditions.
• Police report: Under C.R.S. § 42-4-1606, drivers in Colorado must report accidents to law enforcement if they result in injury, death, or significant property damage. This report helps establish fault and link your injuries to the crash.
• Medical records: Keep thorough documentation of diagnoses, treatment plans, prescriptions, and follow-up visits.
• Witness statements: Collect contact information and written or recorded statements from anyone who saw the crash, as they could help support your version of events.
• Daily journal: Track your pain levels, mobility issues, sleep disturbances, and how the injury affects work and daily activities.

Filing a Whiplash Claim in Colorado

1. Report the Accident to Your Insurance Company

Notify your insurance provider promptly after the accident. Provide only factual details, such as the accident’s date, time, and location, and refer to the police report for accuracy. Avoid admitting fault or making speculative statements, as insurers can use your words to reduce or deny your claim.

If you don’t have the accident report yet, learn how to look up an accident report in Colorado. Also, remember that under C.R.S. § 13-80-101, you have three years from the accident date to file a claim. While this may seem like plenty of time, waiting too long will make it harder to gather evidence and negotiate a fair settlement, so seek legal help as soon as possible.

2. Collect Evidence for Your Claim

The strength of your claim depends on clear, well-documented proof of your injury and its impact. Request copies of your medical records, police reports, and wage statements to demonstrate how the accident has affected your health and finances. 

Colorado follows a comparative negligence rule under C.R.S. § 13-21-111, meaning your compensation will be reduced if you’re partially at fault. This makes thorough evidence collection even more critical, as it helps establish the other driver’s liability.

Evaluating Settlement Offers for Whiplash Claims

Insurance companies calculate settlement offers based on various factors, including:

• Severity of injuries: More severe injuries typically result in higher compensation.
• Duration of medical treatment: Longer treatment periods can increase settlement amounts.
• Impact on daily life: How the injury affects your ability to perform daily activities and work.

When to Accept or Reject a Settlement Offer

Insurance companies often start with low initial offers to minimize payouts. Before accepting, review the offer carefully to ensure it covers all medical expenses, lost income, and long-term effects of your injury. If the settlement seems too low or doesn’t account for ongoing care, it’s best to negotiate. 

If you’re unsure whether an offer is fair, a free consultation with Boesen Law will help you gain clarity. If necessary, we can help you push back against unfair settlement tactics, negotiate assertively, and maximize your compensation.

What to Do If Your Whiplash Claim Is Denied

If your claim is denied, it could be due to reasons such as:

• Lack of medical evidence
• Delayed medical treatment
• Disputes over liability

A denied whiplash claim doesn’t mean you have to give up on compensation. Insurance companies may reject claims for various reasons, but you have the right to appeal their decision—Boesen Law can help turn a denial into a successful settlement.

When to Contact a Whiplash Injury Lawyer in Colorado

• Denied claim: Your lawyer can challenge the insurer’s decision and strengthen your case with additional evidence.
• Low settlement offer: Insurance companies may undervalue your claim, ignoring future medical costs and long-term effects.
• Disputed liability: If the at-fault driver’s insurer shifts blame, we can present compelling evidence to prove fault.
• Ongoing medical issues: Chronic pain, limited mobility, or long-term treatment should be factored into your compensation.

A whiplash injury lawyer from our team can ensure you’re not pressured into an unfair settlement. Boesen Law will handle negotiations, gather evidence, and take your case to court if needed.

Contact Boesen Law for Help with Your Whiplash Claim

Whiplash can cause pain, mobility issues, and expensive medical treatments, but you shouldn’t have to cover those costs on your own. At Boesen Law, our legal team has a proven track record of securing maximum compensation for car accident victims in Colorado, with hundreds of millions recovered, as shown in our case results.

We offer free consultations and work on a contingency fee basis, so you pay nothing unless we win. Contact us today to discuss your case and take the next step toward financial recovery!