Whiplash Injury

Whiplash is a common injury after car accidents. The aftereffects of this injury can be devastating for years to come. Whether your accident left you with minor injuries or a major disability, call the best whiplash lawyers near me in New Jersey at RAM Law. They have extensive experience with whiplash claims and whiplash injury lawsuits. Don’t rely on the good nature of the insurance companies to cover your losses; contact the specialists as soon as you’re able.

What Are Whiplash Injuries?

Whiplash is a type of neck injury that affects your cervical spine and the soft tissues surrounding your neck. It’s typically caused by a sudden impact. During the impact, your head rapidly moves back and forth, the force of which strains the soft tissue muscles and ligaments. The injury can also damage the discs located between each vertebra in your back. Whiplash can also cause severe and even catastrophic injuries, such as:

Spinal cord Injuries
Severe shoulder injuries
Fractures
Amputations
Closed head injuries

The most common causes of whiplash are car accidents and truck accidents as the force of a collision is powerful enough to damage your neck very quickly. A report published in Accident Analysis and Prevention in September 2022 found that in a study of 869,000 cervical spine injuries resulting from car collisions, 96.7 percent were due to whiplash or neck strains. Whiplash injuries also can happen in other incidents, such as:

Motorcycle accidents
Bicycle accident
Train and subway collisions
Scooter accidents
Boating accidents
Sports contact
Amusement park ride collisions

The damage caused by an accident often can’t be undone, but dealing with it is made easier with the right support. RAM Law, a top whiplash injury law firm in New Jersey, has a team of highly skilled personal injury attorneys to confidently help you obtain compensation for your losses and guide you through the legal process and a potential whiplash injury lawsuit.

What Should I Do Immediately after a Whiplash Injury?

If you’ve been in a collision, follow steps to ensure that you have all the necessary evidence and information for your insurance whiplash claim or whiplash injury lawsuit. First, check for any injuries and call the emergency services. If you’re physically able, take other steps that include:

Presume that you’re injured. Don’t assume you’re not injured just because there are no visible signs. Internal injuries can be serious and need medical attention.
Report your injury. If you’re injured at work, report it to your employer immediately. If it happens elsewhere, report it to the appropriate authorities.
Gather information. Get witness contact information and ask for a statement. Keep receipts and bills for medical treatment and other expenses.
Document the scene. Take photos or videos of the scene. Gather police reports, witness statements, medical records, vehicle maintenance records, video footage and other evidence to prove your whiplash injury claim and strengthen your case.
Follow the doctor’s instructions. Follow your doctor’s instructions for medical treatment and attend all scheduled appointments.
Limit communication. Limit communication with the involved parties and only share information with your lawyer. Refrain from posting anything about the accident on social media. Giving out extra details could harm the case’s progress.
Seek legal counsel. Take legal advice from the best firm in New Jersey at RAM Law. Their whiplash lawyers can give you professional guidance without charging you upfront fees.

Hiring a personal injury attorney helps you manage the legal aspects of your case. The attorney can handle all the necessary paperwork, communicate with insurance carriers and even provide emotional support by reducing your stress so you can heal. Your lawyer can help your case in many ways, including:

Gathering additional evidence
Countering insurance company’s tactics
Determining the appropriate compensation for your losses
Demonstrating driver negligence
Preventing low settlements
Investigating cases effectively
Using expert witnesses to strengthen your whiplash claim

What Are the Symptoms of Whiplash Injury?

Whiplash symptoms depend on the extent of the neck injury and can appear immediately or take up to a few days to manifest. The after-effects of whiplash can linger for several months, and in severe cases, chronic long-term pain can last for six months or even longer. A grading system called the Quebec Classification of Whiplash-Associated Disorders was designed to classify the severity of the disorder as follows:

Grade 0. At this stage, a person with whiplash may not experience any pain or display visible signs of injury.
Grade 1. This is the first level of whiplash damage when you begin to feel pain. You may also experience stiffness and tenderness when moving or being touched around the site of the injury.
Grade 2. It’s characterized by pain, muscle spasms and physical signs of injury such as bruising, swelling and sensitivity to touch.
Grade 3. This stage causes neurological symptoms, such as decreased sensation or lack of tendon reflexes.
Grade 4. This is the most severe level that involves all symptoms, especially neurological ones, indicating a neck vertebra issue that puts pressure on the spinal cord or nearby nerves.

Neck pain can be a significant sign of a possible whiplash injury. The pain may spread to the upper back, shoulders and even arms, depending on which nerves were affected. Other less obvious warning signs that you may be suffering from whiplash after an accident include:

Blurry vision
Depression
Difficulty balancing
Dizziness
Facial pain
Fatigue
Jaw pain
Light sensitivity
Muscle weakness
Ringing ears, called tinnitus

How Is Whiplash Injury Treated?

The goal of whiplash treatment is to support healing and reduce symptoms. Certain medical treatments are most effective when administered immediately after an injury, whereas other treatments are more beneficial for chronic conditions. Some conservative treatments include:

Rest is mandatory for healing damaged tissues. Resting the affected area can benefit minor whiplash injuries.
Ice or heat application. Ice or heat reduces swelling and numbs pain, recommended by the doctor to ease soft tissue inflammation.
Pain medications. Both over the counter and prescription medications relieve pain and inflammation, while muscle relaxants soothe strained muscles.
If oral medications aren’t effective in alleviating neck pain, injections target a specific area. Steroid or lidocaine injections may be more effective than pills.
Foam collars. In some cases, using a foam collar or neck brace immobilizes the neck to promote faster healing.
Spine surgery. In severe cases, spine surgery may be necessary after evaluating the conditions, which may involve removing a herniated disc, fusing two or more vertebrae or decomposing a nerve root.

After your accident, seek medical advice since the consequences can be life-altering without the appropriate triage soon after the incident. The doctor may recommend imaging tests to evaluate any damage or inflammation in the soft tissues. They also perform a thorough examination to assess the extent and nature of your neck injury. The exam may include:

Obtaining a copy of the accident report, which also will be useful to tell if you have a whiplash claim
Observing your movements and strength
Assessing your alertness and focus
Inspecting your skin for bruises or abrasions
Applying touch and pressure on your neck to test local sensitivity
Asking questions about sensations in your body, such as tingling and numbness
Performing x-rays and other imaging test like MRI and CT scan

Most people recover from whiplash pain within a few weeks to a few months. However, some have lingering pain that lasts longer. Medical research lacks consensus on the duration of symptoms and injury. Some studies show that 25 to 40 percent of patients experience symptoms for up to a year, while others indicate that about 40 percent of patients experience pain past the seven-year mark. Despite ongoing scientific study, trust your doctor’s advice and follow their guidance for your specific recovery.

Severe cases of whiplash and neck pain may require more intensive treatment. If your injury doesn’t improve after a week of at-home care, your doctor may suggest professional treatment. The most common forms of long-term treatment include:

Physical therapy
Massage therapy
Chiropractic care
Strengthening exercises and stretches
Pain management techniques

How Can Personal Injury Whiplash Lawyers Near Me in New Jersey Help?

If you’ve suffered whiplash injuries, hiring experienced whiplash lawyers near me in New Jersey increases your chances of receiving the best compensation. You should not have to bear the financial burden of harm done to you by another party. The legal process can be challenging, and these cases usually involve insurance companies in addition to opposing attorneys.

Insurance adjusters tend to be more experienced negotiators, so it’s better to have an experienced attorney fighting on your behalf. They can help you in many ways, including:

Providing legal advice and assisting you in comprehending your legal rights
Investigating and gathering any proof that could support your claim
Negotiating and managing communications with the opposing party’s lawyers
Initiating a whiplash injury lawsuit if negotiations fail
Evaluating all aspects of your damage, present and future, to maximize compensation
Litigating and filing your case in court on time if settlement can’t be attained

Relying solely on your insurance policy may not be enough to cover all your losses. If you’ve suffered injuries beyond just whiplash, you may need to seek additional financial relief beyond what your insurance covers, your lawyer can pursue financial compensation for a range of expenses, such as:

Medical expenses. It can include hospital bills, costs of medication, rehabilitation and any other treatment required to address your injuries.
Lost income. It refers to the wages or earnings you have missed out on due to the accident.
Pain and suffering compensation. It can be awarded if you’ve experienced physical and emotional distress because of the accident.
Reduced earning capacity. It indicates the long-term impact of the injuries on your ability to earn a living.
Emotional trauma. It can be caused by the accident, and may also be compensated, as can other out-of-pocket expenses.
Punitive damages. In situations where the party at blame has acted with extreme negligence or misconduct, punitive damages may be granted.

When you’ve suffered injuries due to an accident, your attorney evaluates how much you can recover and what you’re owed. Your injury may be more impactful and long-lasting than initially anticipated. To determine the financial worth of your injuries, your attorney uses methods including:

Legal formulas, state laws and previous experience in similar cases. This allows them to assess the severity of your injuries and the impact they’ve had on your life.
Testimony from a variety of sources to demonstrate the extent of your damages. This may include audiovisual footage, police reports and medical records.
Eyewitnesses and experts with relevant areas of expertise to confirm your version of events and determine who caused the accident.

How Is a Whiplash Injury Claim Filed in New Jersey?

To file a whiplash claim in New Jersey, you need to contact your insurance provider as it’s a no-fault insurance state. Personal Injury Protection (PIP) covers your medical bills and other expenses regardless of who is at fault. You must choose the correct PIP coverage amount when getting automobile insurance. The amount of Personal Injury Protection coverage you have depends on the type of general insurance policy you own. The basic policy includes:

PIP limit of $15,000
Being able to sue for economic damages above $15,000
Not being able to sue for non-economic damages unless serious harm has occurred
For at-fault drivers with a basic policy, you may need to file a personal injury lawsuit for additional medical expenses not covered by your PIP

A significant number of people opt for the Standard policy when making their selection. This policy offers a range of features and benefits that meet the needs of many individuals, and includes:

PIP limit ranges from $15,000 to $250,000
Limited or unlimited rights to sue
With unlimited rights to sue, you can sue the at-fault driver for all types of losses
With limited rights to sue, you can only sue the at-fault driver for pain and suffering if you have suffered serious harm
You can sue for economic damages even if they exceed your PIP limit

If you want to bring a lawsuit against the at-fault driver, your injury case must meet specific prerequisites, so have whiplash lawyers who understand the specific laws in New Jersey and how they affect your case before pursuing a lawsuit or filing a claim. Some of those rules include:

Statute of limitations. The statute of limitations is the time limit within which you must file a lawsuit, starting from the date of the accident. In New Jersey, the statute of limitations for filing a personal injury claim is two years. If you file your claim beyond the deadline, the courts most likely dismiss your case.
Comparative fault. It happens when both drivers are held responsible for some portion of the accident. In New Jersey, your percentage of fault is subtracted from the damages awarded. If you are found to be more than 50 percent at fault, you receive no compensation.
Reporting the accident. In New Jersey, any car accident that results in injury, death or property damage over $500 must be reported to the police within 10 days of the accident.

To file a lawsuit for whiplash, you should provide your lawyer with all relevant medical records, costs, accident-related reports, and any documentation of how the injury has negatively affected your life. Begin a journal as soon as you can to create a record of your memories and subsequent experiences before you forget the details.

How Can I Reduce Risk or Prevent Whiplash?

Whiplash is an unpredictable injury that can happen to anyone. While it can’t be completely prevented, there are measures you can take to reduce your risk, including:

Adjusting vehicle seat. Adjust your seat and use headrests to reduce the risk of whiplash. Try orthopedic seat cushions for proper posture and height adjustment to increase safety features.
Wearing your seat belt properly. Ensure that your seat belt is tight against your body and worn correctly across your shoulder. If it isn’t, it might not be able to stop your forward motion before the momentum causes a whiplash injury.
Driving safely. Being cautious with driving helps you avoid situations where the driver behind you can’t stop in time. Avoid driving too close to someone in front of you, only to slam on the brakes, which might not leave the person behind you enough time to stop.
Righting your position. If you see or hear something that indicates your vehicle is about to be rear-ended and there’s time, place your head against the headrest and face straight ahead. Having your head against a properly placed headrest keeps your head, neck and body from moving at different speeds, which causes whiplash.
Playing sports safely. Avoid dangerous contact during sports to prevent a whiplash injury to yourself or another player.
Checking with your healthcare provider. Consult a healthcare provider before riding roller coasters at a theme park to ensure you’re healthy enough to withstand the head movements.

When You Have a Whiplash Injury, Our Injury Lawyers at Rebenack, Aronow & Mascolo, L.L.P. Will Help

An injury to your neck or back can be life-changing and saddle you with mounting medical expenses, loss of income or mobility, pain and suffering. Our seasoned Personal Injury lawyers at Rebenack, Aronow & Mascolo, L.L.P. can help. Call 732-247-3600 or contact us online to schedule a free consultation. We are located in New Brunswick, Somerville, and Freehold, New Jersey, and we serve clients in Middlesex County, Monmouth County, and Somerset County.

Sources:

https://www.sullivangalleshaw.com/practice-areas/new-york-city-whiplash-injury-lawyer/

https://rosenblumlaw.com/personal-injury/nj/car-accidents/whiplash-settlement-amounts/

https://my.clevelandclinic.org/health/diseases/11982-whiplash

https://www.teamlaw.com/blog/whiplash-related-personal-injury-claims/

https://1800lionlaw.com/whiplash-injury-attorney/

https://kreizerlaw.com/steps-you-should-take-if-you-have-suffered-in-an-injury-in-new-jersey/

https://www.ditomasolaw.com/blog/sue-whiplash-after-car-accident/

https://njpcs.org/conditions/whiplash-treatment/

https://no-fault-doctors.com/what-to-do-for-whiplash-after-a-car-accident/