Whiplash claims are not uncommon in the aftermath of a car accident, yet navigating through the intricacies of such claims can be challenging. At Andrews, Bernstein & Maranto, PLLC, we understand the complexities involved in proving and pursuing compensation for whiplash injuries. Here, we provide you with a thorough guide to making a successful whiplash claim after an accident.
What is Whiplash?
Whiplash is a neck injury resulting from a sudden back-and-forth motion of the head, commonly observed in rear-end collisions. This motion can cause damage to muscles, tendons, and discs in the neck, leading to various symptoms.
Common Symptoms of Whiplash
- Pain in the neck, shoulders, arms, or hands
- Lower back pain
- Stiffness in the neck
- Headaches and/or dizziness
- Reduced range of motion in the neck
- Numbness or tingling sensation in the arms or hands
- Trouble sleeping
Benjamin J.
Andrews
Partner
Robert
Maranto
Partner
Tom
Kotrys
Partner
Norton
Lowe
Attorney
Amanda
Blum
Attorney
Anthony
Iacono
Attorney
Steps to Take After a Whiplash Injury
Seeking Immediate Medical Attention
Upon suspecting a whiplash injury following an accident, seeking medical attention promptly is crucial. Even if symptoms do not manifest immediately, early medical intervention can prevent worsening of the injury and strengthen your claim.
Documenting the Injury
Gathering necessary evidence to support your whiplash claim is essential. This includes medical records, bills, and receipts related to the injury. Additionally, documenting the accident scene through photographs and obtaining police reports can bolster your case.
Timely Claim Filing
Initiating the claim process promptly is advisable, even if you are not ready to settle. Early notification to the insurance company can expedite the resolution of your claim.
Importance of Medical Records
Accurate and comprehensive medical records play a pivotal role in substantiating the nature and extent of whiplash injuries. While whiplash may not always appear on diagnostic exams, detailed medical documentation is crucial for validating your claim.
Financial Documentation
In addition to medical records, maintaining records of financial losses incurred due to the injury is essential. This includes medical bills, lost wages, and other related expenses.
Post-Accident Symptoms
Whiplash symptoms may not manifest immediately after the accident due to the body’s release of adrenaline and endorphins. Seeking medical attention upon noticing any delayed symptoms is imperative for proper diagnosis and treatment.
Settlement Timelines
The duration for settling a whiplash claim varies, ranging from a few days to several months, depending on various factors. Insurance adjuster workload, additional information requests, and negotiation processes can influence settlement timelines.
Factors Influencing Settlement Amounts
Whiplash claim settlements typically encompass economic costs, such as medical expenses and lost wages, as well as non-economic damages, including pain and suffering. Assessing the impact of the injury on daily activities, work capabilities, and overall well-being contributes to determining settlement amounts.
Verdicts & Settlements
Addressing Claim Denials
Responding to Denials
In the event of a claim denial, requesting a detailed written explanation from the insurance company is recommended. Providing a comprehensive response addressing any discrepancies or misunderstandings can prompt a reconsideration of the denial.
When to Seek Legal Assistance
Consulting with an Attorney
Seeking legal guidance may be necessary if you encounter challenges such as claim denials or inadequate settlement offers. An experienced attorney can provide invaluable support in negotiating with insurance companies and, if needed, representing your interests in litigation.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”
- Jane D.
Frequently Asked Questions
How do pre-existing medical conditions impact a whiplash claim?
Pre-existing medical conditions can complicate whiplash claims, as insurance companies may argue that the symptoms were pre-existing or unrelated to the accident. However, individuals with pre-existing conditions can still pursue compensation for exacerbation of their injuries caused by the accident. Detailed medical documentation and expert testimony can help differentiate between pre-existing conditions and new injuries.
What role do witness statements play in supporting a whiplash claim?
Witness statements can provide valuable corroborating evidence for a whiplash claim. Eyewitness accounts of the accident and observations of the injured party’s condition immediately following the incident can strengthen the credibility of the claim. Collecting contact information from witnesses and obtaining their statements promptly can enhance the evidentiary support for the claim.
How does comparative negligence affect whiplash claims?
In states that follow comparative negligence laws, the compensation awarded in a whiplash claim may be reduced if the injured party is found partially at fault for the accident. Insurance adjusters may attempt to attribute a portion of the fault to the injured party to diminish the claim’s value. Seeking legal representation can help navigate the complexities of comparative negligence and mitigate potential reductions in compensation.
Can emotional distress be included in a whiplash claim?
Emotional distress resulting from a whiplash injury, such as anxiety, depression, or post-traumatic stress disorder (PTSD), may be compensable in a personal injury claim. However, proving emotional distress can be challenging, as it often requires expert testimony and documentation of psychological treatment. Including emotional distress as part of the claim requires careful consideration and thorough substantiation.
How do insurance companies assess the credibility of whiplash claims?
Insurance companies evaluate the credibility of whiplash claims based on various factors, including medical documentation, consistency in reporting symptoms, and adherence to treatment recommendations. Any inconsistencies or discrepancies in the claimant’s statements or medical records may raise doubts about the legitimacy of the claim. Building a strong case with consistent and verifiable evidence is essential to establishing credibility.
What recourse do individuals have if the at-fault driver is uninsured or underinsured?
If the at-fault driver in a whiplash claim is uninsured or underinsured, individuals may still pursue compensation through their own uninsured/underinsured motorist (UM/UIM) coverage. UM/UIM coverage provides protection against damages caused by drivers who lack sufficient insurance coverage. Consulting with an attorney can help explore available options for recovering compensation in such situations.
How does the severity of the whiplash injury impact the claim’s value?
The severity of a whiplash injury significantly influences the value of the claim. More severe injuries requiring extensive medical treatment, rehabilitation, and long-term care generally result in higher compensation awards. Factors such as the duration of recovery, permanent impairment, and impact on daily activities are considered when assessing the claim’s value.
Are there deadlines for filing a whiplash claim?
Yes, there are deadlines, known as statutes of limitations, for filing whiplash claims. These deadlines vary by state and typically range from one to three years from the date of the accident — in New York, three years is the default. Failing to file a claim within the applicable statute of limitations can result in forfeiture of the right to seek compensation. Prompt action and adherence to legal deadlines are critical in preserving your claim’s validity.
What if the insurance company offers a settlement before fully assessing the extent of the injuries?
Accepting a settlement offer before fully understanding the extent of your injuries can be detrimental to your claim. Once a settlement is accepted, you forfeit the right to pursue additional compensation, even if unforeseen complications arise later. Consulting with medical professionals and lawyers to assess the long-term implications of the injury before accepting a settlement offer is advisable to ensure fair compensation.
How do attorney fees work in whiplash injury cases?
Attorney fees in whiplash injury cases are typically based on a contingency fee arrangement, where the attorney’s fee is contingent upon successfully obtaining compensation for the client. If the case is successful, the attorney receives a percentage of the settlement or court award as their fee. This fee structure enables individuals to pursue legal representation without upfront costs and aligns the attorney’s interests with the client’s pursuit of fair compensation.
Advocating for the Justice You Deserve
Navigating the complexities of a whiplash claim requires experienced legal representation to ensure your rights are protected and fair compensation is obtained. At Andrews, Bernstein & Maranto, PLLC, our team of attorneys is dedicated to advocating for individuals injured in accidents and securing the compensation they deserve.
Don’t face the challenges of a whiplash claim alone. Contact us today to schedule a consultation and discuss your case with our knowledgeable legal team. Let us guide you through the legal process and work tirelessly to achieve the best possible outcome for your whiplash injury claim.
Take the first step towards justice and recovery. Call Andrews, Bernstein & Maranto, PLLC, now to explore your legal options and pursue the compensation you are entitled to. Your recovery starts here.
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