Can I Sue for Whiplash After a Car Accident?

Date: June 13, 2024
Contact Our New Jersey Car Accident Lawyers at Kitrick, McWeeney & Wells, LLC if You Have Whiplash

Whiplash is one of the most common injuries that you can suffer after a car accident. It happens frequently in rear-end car accidents, when the force of the trailing car that strikes you is transferred to your vehicle. Your head will suddenly snap forward while the rest of your body will remain still. Sudden and violent motion can cause considerable damage to your head and neck.  You could be left with permanent back injuries or even a traumatic brain injury.

Whiplash Can Result in Serious and Lasting Injury

Whiplash can cause serious injury because the soft tissue in your neck and back could become severely injured from the violent movement. For example, whiplash can cause a herniated disc in your back where the gel that fills the discs that protect your spinal cord protrudes through the outside. You could also suffer tendon and ligament damage. In a serious accident, your brain can slam into the base of your skull when your head snaps forward, resulting in a serious concussion. Forty percent of people who suffer whiplash will be dealing with continuing symptoms, while 10 percent of them could be permanently disabled.

You Could Receive a Substantial Check for Your Whiplash Injuries

If you have suffered whiplash in a car accident, you may be entitled to substantial financial compensation from the driver who was responsible for your injuries. If your whiplash came from a rear-end car accident, there is a presumption that the driver who struck you is to blame for the accident. They would need to present evidence that disproves their own liability and shifts the blame to you to avoid the obligation of paying you.

Still, getting financial compensation for your whiplash injuries is no easy task. Nothing is assured in any car accident case. Since whiplash is so common, insurance companies will go out of their way to minimize your injuries because they want to avoid paying you. While they may understand the severity of your injuries, they may not necessarily accept your characterization of them. You need to make sure that your story is told and that you fight for every dollar before you accept and sign any settlement agreement.

Always Seek Immediate Medical Attention When You Experience Symptoms

The problem with whiplash is that it takes some time for you to begin to feel symptoms of the injury. Your neck and back may begin to hurt days or weeks later.  The same thing goes for a brain injury. It may take you several days to realize that you have been hurt. By then, the insurance company may claim that you are conditioned either came from something else or it was already pre-existing. Of course, you can receive compensation when a car accident aggravates a pre-existing condition. Nonetheless, you are in the strongest legal and medical positions when you take immediate action to care for your health.

You should immediately seek medical attention after a car accident, both to protect your health and to give you the medical records that you need to tie your injuries to the accident. Then, you should contact an experienced car accident lawyer to handle your case. A lawyer would immediately get to work on investigating the accident and help you document your damages. They would be your point of contact with the insurance company, and they would begin the process of filing a claim.

Contact Our New Jersey Car Accident Lawyers at Kitrick, McWeeney & Wells, LLC if You Have Whiplash

Our New Jersey car accident lawyers at Kitrick, McWeeney & Wells, LLC will ensure that you are never alone in the legal process as you seek compensation for your injuries. We use our experience to obtain our clients’ best financial and legal outcomes. You can schedule a free initial consultation with one of our attorneys by calling us today at 732-920-8383 or contacting 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.