Can I Make A Whiplash Injury Claim?

Can I Make A Whiplash Injury Claim?
Calendar icon April 14, 2023

As much as we hate that it happens, car accidents are a common occurrence in New York. Even if you take all of the proper safety precautions, there is still no accounting for how another driver is going to act behind the wheel.

Whiplash is one of the most common types of injuries associated with car accidents, affecting up to 83% of those who seek medical attention after a collision. So, what can you do if you’re experiencing whiplash after a car accident and can you make a whiplash injury claim?

What Is Whiplash?

Whiplash is a soft-tissue injury that is caused primarily by the neck forcibly bending back and forth. Whiplash is often the result of a collision, like rear-end accidents, where acceleration is followed by sudden stop.

Since whiplash is a soft tissue injury, it is not always visible like other injuries. However, that does not mean that it is any less severe than other injuries. In fact, whiplash can range from mild to severe. Minor whiplash injuries often include neck pain that subsides in a few days to a week, while severe whiplash can result in nerve damage or chronic pain.

What Are The Symptoms of Whiplash?

Like any injury, whiplash symptoms can vary from person to person. Common symptoms of whiplash include:

  • Neck pain or stiffness
  • Shoulder pain
  • Low back pain
  • Head pain
  • Dizziness
  • Pain or numbness in your arm or hand
  • Ringing in your ears
  • Blurred or double vision
  • Irritability
  • Restlessness or inability to sleep
  • Tiredness
  • Problems with memory or concentration

If you are experiencing any of the listed symptoms after an automobile accident, it is advised that you talk to your doctor or another trusted medical professional. He or she will be able to assist in formally diagnosing your injury, oftentimes through an x-ray, MRI or CT scan.

Can I Make A Personal Injury Claim For Whiplash?

To put it simply, you can file a whiplash injury claim. However, whether or not your claim is valid depends on the severity of your injury. Oftentimes, whiplash injuries can resolve themselves in a few days, which would generally not be enough to file a claim, but there are circumstances where individuals experience pain even after a considerable amount of time has passed.

In order to file a successful claim for a whiplash injury, it is highly recommended that you seek the attention of a medical professional as soon as possible after the accident. Even if you do not feel as though you have any severe symptoms at the time, when injuries become apparent after the fact, having proof that you have sought out the advice of a medical professional after the accident can help with your claim.

If your doctor diagnoses you with whiplash, it is then extremely important to follow up on any and all recommended medical treatments. Following treatment plans to completion or until your doctor is satisfied with your progress signals to the insurance company that you have, in fact, suffered a serious injury.

What Factors Are Considered In Determining Compensation For A Whiplash Claim?

Since every claim, including those involving whiplash, comes with its own unique set of circumstances, the amount of compensation you’re eligible to receive will depend on several factors.

The Severity Of Your Whiplash

The severity of your injury is key in determining how much compensation you can claim for whiplash. Mild cases of whiplash generally do not have much permanency, meaning that the injury likely will have no lasting effects, but more severe injuries may require surgery or result in ongoing, chronic pain.

How Long You Received Medical Treatment

It’s important to document the time it takes from your accident until you’ve recovered. If you sought the help of a medical professional after your accident, the treating physician may be able to give you an idea of how long your road to recovery may be. Although it is not the only relevant factor, the significance and duration of any medical treatment you are required to endure is relevant to your financial recovery.

Any Financial Expenses or Losses You Experienced

After the accident, you may not be able to work as a result of your injuries, and your medical bills may start piling up. Any expenses you’ve incurred directly related to your whiplash injury are eligible to be reimbursed through your own no-fault insurance or by filing a claim with the at-fault party’s insurance company. These expenses include, but are not limited to, medication, testing, physical therapy, and chiropractic care. You may also recoup financial losses if, as a result of the accident, you are unable to work while you recover or you suffer a permanent disability that prevents you from working in the future. These claims may be made through your no-fault insurance or through the at-fault party’s insurance company, in addition to filing a claim for disability where applicable. A personal injury attorney is a vital resource in assisting you in seeking full recovery from the appropriate entities for any financial losses you incur following an accident.

The Documents You May Use To Prove Your Injury

In any personal injury case, documentation which proves that you were not liable for the accident and that you suffered as a result of another person’s actions is the key to success. Medical records are perhaps the most important documentation in a personal injury case, as they can help tell the story of your injuries and suffering.

In addition to your medical records, documents that you should keep on hand include:

  • The police report
  • Any information from witnesses to the accident
  • Photos and evidence from the accident scene itself
  • Proof of lost wages
  • Proof of out-of-pocket expenses related to your medical treatment

It’s your job as the plaintiff in a personal injury case to prove that the other party acted negligently through a preponderance of evidence and that you incurred damages as a result of those acts. Keeping all of these documents on hand is extremely important when it comes to settlement negotiations with the insurance company. The above is not an exhaustive list; you should maintain any documentation that you have relevant to your claim and, if you retain an attorney, provide it to him or her to help strengthen your case.

Call Cellino Law If You’ve Been In A Car Accident

If you’ve sustained a whiplash injury after a car accident and are not sure where to start or whether you can even file a whiplash injury claim, contact the trusted professionals at Cellino Law. Our team of attorneys will work with you to assess your case and to maximize your recovery for your injury.

For a free case consultation, contact us at 888-888-8888.

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