Tips for Filing a Successful Whiplash Claim

Posted on behalf of James Lynch on May 8, 2017  in Car Accident News. Updated on February 24, 2022

whiplash injuryWhiplash is a soft tissue injury that is common in car accidents, especially rear-end collisions.It occurs when the head is quickly jolted in a whip-like motion, such as forward and back or side-to-side.

Our New Jersey auto accident lawyers have represented many victims of car accidents who suffered a whiplash injury. We understand what it takes to prove the other driver was at-fault for the collision and will review your claim to determine if you have a case that entitles compensation.

Symptoms of Whiplash

Although symptoms can vary depending on the person and the severity of the injury, whiplash symptoms typically include:

  • Headaches
  • Neck pain
  • Dizziness
  • Difficulty sleeping
  • Limited range of motion of the neck
  • Discomfort or numbness in the arms or fingers

Although you may not initially realize you have suffered whiplash, these types of injuries can have lasting effects. Seeking compensation through a personal injury claim can help you obtain the financial resources you need to recover from your injuries.

However, whiplash personal injury claims can be more complicated than other types of car accident claims. To help ensure the success of your whiplash claim, follow these steps after an accident.

Seek Medical Care Immediately

After a car accident, you should always seek medical care right away. Whiplash is a type of car accident injury that is not always immediately apparent – it may take days for whiplash symptoms to develop.

Although you may be unsure if you have a whiplash injury, a doctor will be able to determine your injuries through an examination.

Seeking immediate medical attention will ensure a whiplash diagnosis as soon as possible so you can receive the medical care you need.

A diagnosis from your doctor will also link your injury to your accident.

Your physician will rule out previous conditions as to the cause of your whiplash. This is important because insurers and attorneys working for the at-fault party may try to attribute your whiplash to something other than the car accident.

Follow Your Doctor’s Orders

Your physician will develop a treatment plan to help you recover from your whiplash injury, which could include physical therapy, medication and reduced activity.

You should stick to the treatment plan provided by your physician. This can not only to shorten your recovery period, but will also demonstrate the severity of your injury.

If you do not obey your doctor’s orders, the insurance company may try to claim that your injuries are not as severe as you say. This could greatly impact your ability to recover the compensation you need.

File a Claim with Your Insurance Company

You should always notify your insurance company as soon as possible after an accident. Because New Jersey is a no-fault state, you will report the accident and your intent to file a claim to your insurer.

However, it is important to note that although you are working with your own insurer, the company is not on your side. Insurance companies and their insurance adjusters are solely focused on paying out as little as possible for your claim.

You should follow these tips for working with an insurance adjuster after an accident:

  • Be careful what you say as anything can be used against you to reduce or deny your claim.
  • Only give the facts of the accident as you know them. Do not exaggerate or estimate any details.
  • Consult a personal injury lawyer before providing a written or recorded statement.
  • Do not accept a settlement offer that is less than the cost of your medical care and other damages associated with your injury.

If you are having difficulty obtaining the compensation you deserve, our attorneys can handle the details of your claim on your behalf. We have decades of experience handling various personal injury claims and can help you get the compensation you need.

Gather Evidence to Support Your Claim

When bringing a personal injury claim, you will need evidence that documents your injury and the damages you suffered.

Keep detailed records of all information pertaining to your whiplash injury. Ask medical providers for patient records and physician notes regarding your injury. Seek copies of imaging, medical testing, prescription orders and other medical documentation.

Keep all medical bills from your whiplash treatment to show the expenses you have incurred due to the injury.

If you have taken time off work for whiplash treatment, ask your employer to document the wages you have lost – ask for a document outlining your regular hours and pay, as well as the time you missed from work for treatment.

You should also keep a journal with notes about how your injuries affect your day-to-day life. If you are limited in your ability to perform any of the activities you previously were able to do, you may be able to obtain additional compensation.

All of this information and documentation will be vital for proving your case and obtaining the compensation you deserve through a personal injury claim.

Contact a New Jersey Car Accident Attorney Today

For help handling your claim, contact a New Jersey injury lawyer at Lynch Law Firm, PC for a free, no obligation consultation. We are committed to protecting your best interests and helping you obtain the compensation you deserve after an accident.

Call (800) 518-0508  today.

* Results may vary depending on your particular facts and legal circumstances.

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