Is It Worth Filing a Personal Injury Lawsuit for Whiplash in New Jersey?

female wearing neck brace in car-whiplash insurance theme

One of the most common injuries associated with a car accident is whiplash. On television, it has been portrayed by a plaintiff’s attorney giving their client a neck brace allowing them to fake a potential whiplash injury.

In reality, whiplash is a serious condition with very painful and disruptive impacts, and having a personal injury lawyer can be your best option to get compensation for your injuries.

What is Whiplash?

Whiplash can be defined as a number of neck injuries — especially soft tissue damage. Commonly, however, it is caused from rear-end vehicle accidents, where the impact causes the driver’s and/or passenger’s body to be propelled forward while their heads stay in place. This can expose the neck to quick, sharp tension which follows a whip-like motion.

Whiplash Symptoms

For people involved in an accident, it may take several days for the symptoms to appear, making it important to keep track of potential injuries before starting the legal process. The most common symptoms of whiplash include:

  • Neck pain and stiffness
  • Reduced range of motion
  • Headache
  • Dizziness
  • Blurred vision
  • Pain in the shoulder, arm, or back
  • Abnormal sensations (examples include burning, prickling, tingling in arms)
  • Fatigue, lack of sleep or reduced concentration

There are also numerous misconceptions with whiplash. For example, many of the accidents that are associated with the injury are caused by low speed, low impact, rear-end crashes instead of accidents at higher speeds with more intense impacts. Another misconception is that the injury is not typically serious. In reality, soft tissue injuries, if left untreated, can lead to long-term issues.

The Role Of A Personal Injury Lawyer in Whiplash Claims

The best determination for whether or not to proceed with a legal claim for whiplash will come from a personal injury attorney. In many cases, whiplash claims are settled before a court date; however, the best opportunity for accident victims to receive the settlement offer is often through a lawsuit against the responsible parties.

This is typically only the first step towards receiving a potential settlement. Often, the party involved in the accident first has to recognize and list any accrued damages suffered before notification of a lawsuit. Also, the victim should examine their claim to determine if there is a viability for a potential suit to proceed.

The best advice for handling whiplash cases will always come from an attorney with expertise in the area. Not having a personal injury lawyer to handle a whiplash case could lead to victims not able to file viable claims against responsible parties, or not prepared to handle potential settlement negotiations in a timely fashion.

Contact a New Jersey Personal Injury Lawyer

Peter N. Davis & Associates, LLC has been working with auto accident victims throughout New Jersey since 1988 to provide them the representation they deserve. We work to handle all medical, financial and insurance issues with your accident while you focus on improving your health. For more information on how our firm can help you with your auto accident case, call us at (877) 470-8948 or visit us online today.