Fishers Whiplash Injury Lawyer

If you were recently rear-ended on Allisonville Road or involved in a collision on I-69, and now your neck won’t stop aching, you might be dealing with a whiplash injury. At Vaughn Wamsley Law Firm, we understand the pain and disruption that these injuries can cause.

While whiplash is often dismissed as a minor issue, the reality is that it can lead to serious long-term consequences, including chronic pain, reduced mobility, and difficulty working. Our role as your accident attorney in Fishers is to ensure your voice is heard and your recovery is financially supported.

What Is Whiplash?

Whiplash is a soft tissue injury that occurs when the neck is suddenly and forcefully thrown forward and then backward, like the motion of a cracking whip. This rapid movement can strain or tear the muscles, tendons, and ligaments in the neck and upper back. Whiplash most commonly results from rear-end car accidents but can also be caused by sports injuries, physical assaults, or falls.

Symptoms of whiplash may include:

• Neck pain and stiffness
• Reduced range of motion
• Headaches (often starting at the base of the skull)
• Fatigue and dizziness
• Tingling or numbness in the arms
• Difficulty concentrating or sleeping

In many cases, symptoms do not appear immediately and may take several hours or days to manifest. That’s why it’s crucial to seek medical attention right after any motor vehicle accident.

Car Accidents and Whiplash in Indiana

Car accidents are a leading cause of whiplash injuries. According to the Indiana University Public Policy Institute, Indiana saw over 200,000 traffic collisions in 2022. Rear-end collisions, which are one of the most common types of crashes, frequently lead to whiplash injuries. In Fishers, a fast-growing suburb of Indianapolis, traffic congestion has increased significantly, making rear-end accidents more likely.

Nationally, the National Highway Traffic Safety Administration (NHTSA) reports that nearly 50% of rear-end collision victims experience some form of neck injury. These injuries, although not always visible on imaging scans, can cause significant pain and financial strain.

Indiana’s Comparative Fault Rule

One of the most important aspects of a whiplash claim is establishing fault. Indiana follows a modified comparative fault system, also known as the 51% Bar Rule. Under Indiana Code § 34-51-2-6, a person can recover damages only if they are less than 51% responsible for the accident. If you are partially at fault, your compensation will be reduced by your percentage of fault.

For example, if a jury finds you were 20% at fault for the accident and your total damages amount to $50,000, your award would be reduced to $40,000. If you are found 51% or more at fault, you cannot recover anything. This rule makes it essential to work with an experienced car accident lawyer in Fishers who can present substantial evidence to reduce or eliminate your share of the blame.

Statute of Limitations for Whiplash Claims

Under Indiana law, you generally have two years from the date of the accident to file a personal injury claim. This deadline is set by Indiana Code § 34-11-2-4. If you fail to file your claim within this window, you may lose your right to recover compensation entirely.

There are exceptions, such as when the injured party is a minor or the defendant is a government entity. However, these situations involve different timelines and procedures, so it’s essential to consult a Fishers accident law firm as soon as possible to protect your rights.

What Compensation Can You Recover?

Victims of whiplash injuries may be entitled to several types of compensation, including:

Medical Expenses

This includes emergency room visits, doctor appointments, diagnostic tests (such as MRIs or X-rays), chiropractic care, physical therapy, medications, and any necessary future treatment.

Lost Wages

If your injury caused you to miss work, you may be entitled to recover the income you lost. If you’re unable to return to your previous job due to chronic pain or limitations, you may also pursue compensation for reduced earning capacity.

Pain and Suffering

This includes compensation for the physical pain and emotional distress caused by the injury. Whiplash can interfere with sleep, mental clarity, and quality of life, and those impacts should be factored into any settlement or verdict.

Property Damage

If your vehicle or personal property was damaged in the crash, you may be reimbursed for repair or replacement costs.

Out-of-Pocket Expenses

Expenses related to travel for medical appointments, medical devices, or over-the-counter supplies can also be recovered.

Vaughn Knows What You Are Going Through

You Don’t Pay Unless We Win

Time Is Not On Your Side After An Accident. Call Vaughn Wamsley NOW.

317-846-1080

How Our Fishers Auto Accident Attorney Can Help

Proving a whiplash injury can be a challenging task. Unlike broken bones, soft tissue injuries don’t always show up clearly on imaging tests. Insurance companies often try to dismiss whiplash claims as exaggerated or unrelated to the accident.

We collaborate with trusted medical professionals and gather compelling documentation to demonstrate how the injury occurred and its impact on your life.

We will:

• Investigate the accident and gather all relevant evidence
• Obtain and review your medical records
• Consult with medical experts if necessary
• Handle all communication with insurance companies
• Negotiate a fair settlement or take your case to court

Why You Shouldn’t Settle Too Quickly

After an accident, the other driver’s insurance company may reach out quickly with a settlement offer. While it might seem tempting to accept quick cash, initial offers rarely reflect the full cost of your injury. Once you receive a settlement, you typically waive your right to pursue additional compensation, even if new symptoms arise later.

Before agreeing to anything, speak to an accident lawyer in Fishers, IN, who can evaluate whether the offer is fair and advise you on the best course of action.

Steps to Take After a Whiplash Injury

If you believe you have suffered a whiplash injury after a crash, take the following steps to protect your health and your legal rights:

1. Seek medical attention immediately, even if symptoms are mild.
2. Follow all treatment recommendations from your doctor.
3. Keep detailed records of medical visits, diagnoses, and expenses.
4. Take photos of your injuries and vehicle damage.
5. Avoid speaking to the other driver’s insurance company without legal representation.
6. Contact a whiplash injury attorney in Fishers to evaluate your case.

Why Choose Vaughn Wamsley Law Firm?

As a locally rooted Fishers accident law firm, we are dedicated to assisting members of our community in recovering from life-altering events. We understand the tactics insurance companies use to devalue claims, and we don’t back down. With our personalized legal guidance and aggressive advocacy, we help you seek the justice and financial recovery you deserve.

We take a hands-on approach to every case, ensuring that our clients always know their exact position. We’ll walk you through the process from start to finish, explain your rights, and keep you informed every step of the way.

Frequently Asked Questions About Whiplash Injuries in Fishers

How long does it take to recover from a whiplash injury?

Recovery time varies depending on the severity of the injury. Minor whiplash may resolve in a few weeks with rest and physical therapy, while more serious cases can take months or become chronic. It’s essential to follow your medical provider’s guidance and maintain records of all treatments, as this can significantly impact your personal injury claim.

Can I still file a claim if symptoms started days after the accident?

Yes. Whiplash symptoms often have a delayed onset, which is medically documented and well understood. As long as your injury can be linked to the accident through medical records and provider notes, you can still pursue compensation. Be sure to see a doctor as soon as symptoms arise and inform them of your recent accident.

What if I had a pre-existing neck or back issue?

You may still be entitled to compensation. Indiana law allows you to recover damages if the accident aggravated a pre-existing condition. Insurers often use prior injuries to reduce or deny claims, but our job as your accident lawyer in Fishers, IN, is to present medical evidence that shows how the crash worsened your health.

Will I need to go to court for a whiplash claim?

Not necessarily. Many whiplash injury cases are resolved through settlement negotiations. However, if the insurance company refuses to offer fair compensation, we are prepared to take your case to trial and advocate on your behalf in court.

What does it cost to hire a whiplash injury attorney in Fishers?

We handle personal injury cases on a contingency fee basis. This means you pay nothing upfront, and we only get paid if we secure compensation on your behalf.

Call a Fishers Whiplash Injury Lawyer Today

You don’t have to face the aftermath of a car accident alone. If you’re dealing with neck pain, medical bills, and frustration following a crash, let us help. Contact Vaughn Wamsley to speak with an experienced Fishers whiplash injury lawyer. We offer free consultations and don’t charge any fees unless we recover compensation on your behalf.

Reach out today and take the first step toward relief and recovery.