Evidence You Need for a Whiplash Claim

Date: July 10, 2024
Contact the New Jersey Whiplash Injury Lawyers at Kitrick, McWeeney & Wells, LLC Today

Whiplash is a common yet serious injury that you can suffer in a car accident. The quick and violent motion of your head and neck, while the rest of your body remains still, can cause serious and lasting injury. You still need evidence proving both liability and damages to receive full compensation for your injuries. It is best to hire an experienced lawyer to help maximize the value of your whiplash injury claim.

You Need to Prove Liability for an Accident First

The first key piece of evidence relates to proving liability for the accident. In many cases, whiplash results from a rear-end car crash. In that case, the fact that another car rear-ended you should be enough to create a presumption that the other driver was to blame for the accident. However, you may need to respond if their insurance company tries to rebut the presumption and point the finger at you for the accident. If your whiplash occurred in another type of accident, you would need evidence that shows that someone else was negligent and has a legal obligation to pay you.

How to Prove Your Damages in a Whiplash Case?

In many cases, the legal battle in a whiplash case revolves around the amount of your financial compensation. You can expect the insurance company to either minimize the scope and extent of your injuries or refuse to believe you when you describe the symptoms that you are experiencing. Thus, you need extensive evidence of your medical condition to prove your injuries as objectively as possible.

The proof of your damage begins with your medical records. The doctor would have created treatment notes and given you a prognosis based on their examination of you. They may testify directly about what they have observed and heard from you. An attorney may work with an expert witness to get an opinion about how injuries like yours could affect you.

The insurance company will insist on seeing “objective” test results, such as MRIs. They want to see things in front of them on paper that they cannot easily deny. There is a chance that some of your whiplash injuries could be seen in an objective test. For example, if you have suffered damage to a disc or tendon, it may show up in an MRI. The same thing goes if you have suffered a brain injury because the whiplash caused your head to snap forward and your brain slammed into your skull.

Other Evidence Helpful to Your Whiplash Injury Case

However, much of your claim depends on what you have been reporting as your symptoms. There may be some evidence of your injury that is a parent on paper, but you are reporting the fact that you are experiencing extreme pain, and your life has not been the same since the accident. How you react and respond to your injuries is subjective, and you report your experiences yourself. It may be difficult to develop the evidence you need to prove the full extent of your injuries.

You may need other evidence to demonstrate your suffering since the accident. An attorney would advise you to create a journal that details the pain and suffering that you deal with daily. In addition, you may want to present testimony from friends, family members, and coworkers who have observed you daily since your injury. Ultimately, your individualized experience will determine how much you can receive in damages, and you need proof of it.

Contact the New Jersey Whiplash Injury Lawyers at Kitrick, McWeeney & Wells, LLC Today

The New Jersey whiplash injury lawyers at Kitrick, McWeeney & Wells, LLC can work to ensure that your story is told when you are filing an injury claim or lawsuit.  We can push back when the insurance company does not offer to pay you fully for the injuries that you have suffered. To schedule a free initial consultation, call us today at 732-920-8383 or contact us online. Our offices are in Manasquan and Brick, New Jersey, and we serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.