Expert Witnesses in Whiplash Cases How They Strengthen Your Claim

If you’ve been involved in a car accident and are now dealing with a whiplash injury, we understand that you may be feeling overwhelmed. It can be difficult to know what steps to take next and how to build a solid case. Whiplash, while common, is often misunderstood and can have lasting effects on your health and well-being. You may have questions about how to prove the severity of your injury and ensure that you receive the compensation you deserve. At our firm, we’re here to guide you through the process and provide the support you need. We know that legal cases can bring stress and confusion, especially when dealing with personal injuries, and we want you to know that you don’t have to go through this alone.

Understanding Whiplash Injuries

Whiplash is a neck injury that occurs when your head is suddenly jerked forward and then backward, like the motion of a whip. This usually happens in car accidents, particularly rear-end collisions. It can cause damage to the muscles, ligaments, and tendons in the neck and back. Symptoms may include pain, stiffness, headaches, dizziness, and even memory problems. What makes whiplash challenging in legal cases is that it often doesn’t show up on X-rays, making it harder to prove in court.

Since whiplash is not always visible through standard medical tests, it can be difficult to convince insurance companies or the opposing party that the injury is as serious as you claim. That’s where an expert witness can come into play, and they can be a vital part of building your case. Expert witnesses can provide the necessary testimony and evidence to back up your claims, increasing your chances of a successful outcome.

What Role Do Expert Witnesses Play in Whiplash Cases

An expert witness is someone with specialized knowledge who can offer testimony that supports your side of the case. In whiplash cases, these individuals are typically medical professionals, such as doctors, chiropractors, or even biomechanical engineers, who can explain the nature of the injury and its potential long-term effects. They provide the scientific and medical basis that helps explain how whiplash occurs and why it causes pain and discomfort.

These professionals can also testify about the severity of the injury and its impact on your daily life. Their role is to make complex medical or scientific information understandable to a judge or jury, helping them see the full picture of your injury. Expert witnesses are often critical in establishing the link between the car accident and the injury, which is essential to your claim.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

How Expert Witnesses Strengthen Your Case

One of the most important ways an expert witness can strengthen your case is by providing objective, third-party testimony. Their job is to offer unbiased opinions that support the credibility of your injury. This can be especially important when dealing with a whiplash injury, where some may question the extent of your pain due to the injury’s invisible nature.

For instance, an orthopedic specialist can explain how whiplash affects the neck and spine, providing a detailed explanation of the pain and limitations it causes. They can describe the typical recovery timeline and the potential for chronic pain. This is crucial in showing that your injury is not something temporary but one that can have lasting effects on your quality of life.

Additionally, biomechanical experts can testify about the forces involved in the accident. They can calculate how the collision’s speed and angle contributed to the whiplash injury, helping to demonstrate the extent of the damage caused by the crash. Their testimony can show that the injury would have been severe enough to cause the pain and discomfort that you’re experiencing.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

The Impact of Expert Witness Testimony on Your Case Outcome

When it comes to whiplash cases, one of the biggest hurdles is convincing the jury or the insurance company that the injury is real and severe. Since whiplash is a soft tissue injury, it’s not always easy to prove. An expert witness can provide the critical medical or technical evidence that helps to establish the legitimacy of your claims. Their testimony can also add credibility to your overall case, making it more likely that you will receive a favorable result.

Insurance companies may be quick to downplay the severity of whiplash, as they often aim to minimize compensation payouts. However, with the right expert witness, you can present a well-rounded case that leaves little room for doubt. The right expert testimony can show not just the physical damage but the emotional and financial impacts as well, reinforcing the need for compensation.

Choosing the Right Expert Witness for Your Case

Choosing the right professional to serve as an expert witness is crucial for the success of your case. You want someone with credibility and experience in dealing with whiplash injuries. They should be able to clearly explain the complexities of the injury and its effects in a way that the court can easily understand.

When selecting an expert witness, you also want someone who is familiar with personal injury claims and who can present their testimony in a way that supports your specific case. Having a qualified individual who can stand up in court and confidently support your claims can make a big difference in the outcome of your case.

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The Role of Your Attorney in Working with Expert Witnesses

While the expert witness plays a vital role, your attorney is essential in coordinating and presenting the case. Your attorney will be responsible for finding and hiring the appropriate expert witnesses who can help strengthen your claim. They will work closely with these professionals to ensure that their testimony aligns with your case and that all the necessary evidence is presented effectively.

In addition, your attorney will make sure that all deadlines and legal procedures are followed. They will ensure that the expert’s testimony is submitted properly and that all necessary reports are included in your case. A skilled lawyer will also know how to cross-examine opposing experts and prepare your expert witness to handle any questions that may arise during the trial.

At Serrano Law, we understand how difficult and confusing it can be to deal with a whiplash injury after a car accident. We know that you may feel frustrated trying to navigate the legal system while also managing the pain and challenges caused by your injury. Our team is here to provide the support you need, ensuring that you have the best chance of receiving the compensation you deserve.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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We have extensive experience in handling whiplash cases and can connect you with trusted medical professionals who can serve as expert witnesses for your case. We’ll work with you every step of the way, from gathering evidence to presenting your case in court. We’re dedicated to fighting for your rights and helping you get the compensation you need to move forward with your life.

If you’ve been involved in an accident and are dealing with a whiplash injury, don’t hesitate to reach out to us at Serrano Law. We’re here to help you get the results you deserve. Let us be your trusted partner in securing a positive outcome for your case.

To learn more about this subject click here: Choosing the Right Path: Mediation vs. Litigation for Resolving Whiplash Cases