Whiplash is a type of neck injury that is caused by an abrupt, strong forward or backward movement. Whiplash commonly occurs during car accidents, particularly if the car is rear ended. However, it can happen during various activities, such as sports.

The question today is, can a whiplash claim be refused or denied by an insurance company in New Jersey? We will address this question in the following article.

Continue reading to learn more about how to file a claim and how much money you may be entitled to if you sustained whiplash injuries in an accident that wasn't your fault.

If you need legal assistance, the NJ personal injury lawyers at Brandon J. Broderick can help you. We have helped represent clients who have suffered whiplash injuries and resolved their cases successfully. Call us today for help.

What Is Whiplash?

As explained, whiplash is a neck injury that stems from the sudden movement of your neck backward and forward, which can cause injury to the neck's muscles, tendons, ligaments, and nerves. It usually happens during car accidents, especially when an injury victim is rear-ended.

Symptoms from whiplash may appear immediately or over the course of the next few days. This can be headaches, shoulder and upper back pain, and stiffness and pain in the neck.

Many people recover from whiplash in three months or less. However, some people may experience chronic pain that never goes away. In both cases, it's important that you receive the medical care you need to make a recovery and that you receive an adequate settlement package or compensation to cover these costs, as well as your losses.

Why Should I File A Whiplash Claim?

If the accident and injury has impacted your life and caused losses, you might want to think about filing a claim. If you need medical care, filing a claim will pay for your medical costs, income lost from missing work, and other related losses.

Can An Insurance Company Refuse My Whiplash Claim?

Yes, if you haven’t obtained proof that you've suffered a whiplash injury, via medical records or documentation from your doctor's visits, your claim can be refused.

This is similar to when the insurance of the other driver refuses to accept liability in the accident and deny your claim if you are unable to present adequate proof that the accident was not your fault.

In these situations, you should retain a personal injury lawyer.

How Long Does It Take To Settle A Whiplash Claim?

Each case is unique and settling your case depends on a number of factors, including the complexity of the claim, how soon the insurance of the at-fault driver accepts liability, and things like your medical treatment, the severity of your injuries, etc.

Filing A Whiplash Claim: What You Need

If you decide to file a whiplash claim after an accident in NJ, here's some important items you should have.

• Medical records: Keeping track of doctor's notes and any medical record is important in whiplash injury claims. This is why you should seek medical care immediately, even if you are not in any pain at the moment. This is because you do not want to wait to receive a diagnosis after an accident. Having a physician document your injuries and issue a diagnosis will serve as proof of your injury. Keep all medical records in case you decide to pursue the lawsuit.
• Losses: Track all medical bills, lost income, and travel expenses associated with treatments so that you are aware of the value of your claim. Many injury victims accept a quick settlement and later realize their losses were far greater than expected. After accepting a settlement, you cannot go back for more compensation. This is why it's important to speak with a personal injury lawyer before making any decisions in your case.
• Evidence: Make sure you save all the documentation related to the accident that resulted in your whiplash. Evidence can be pictures of the scene, the vehicle's damage, and any injuries you may have sustained. It also helps to have other documents, such as a police report, contact details for witnesses, and insurance information.

It is you and your lawyer's responsibility to prove that the other party's negligence resulted in your injuries. Keeping all records and providing any supporting evidence related to your injuries would be beneficial.

Personal Injury Lawyers At Brandon J. Broderick, Attorney At Law Are Ready to Assist You

While some people may view whiplash as a minor injury, it can have a lasting impact on your life. This is why you should only accept adequate compensation to cover your losses.

Reach out to our team and we will set up a free consultation with one of our experienced personal injury lawyers to go over the details of your case and provide you with a plan for successfully recovering damages.

We are pleased to assist clients throughout the state of New Jersey, New York, Connecticut and Pennsylvania.