Whiplash can have painful, long-lasting consequences, and you may be wondering how to claim compensation for whiplash injuries. You may want to know how to make a whiplash claim. Or you may wonder, What is the whiplash claim process like? 

At Greenspan & Greenspan, we understand that your injury can seem to upend your life. Suddenly, you are experiencing pain you’ve never felt before, you have medical bills piling up, and you might not even be able to perform your job due to pain or related physical issues. You want to take control of your life back, and we are here to help you do just that. Today, our team will discuss how to file a claim for whiplash. We will explore your rights in New York as they relate to whiplash claims, and we’ll look at the legal steps needed to get compensation for your injury.

What Is Whiplash?

Before exploring claims for whiplash after a car accident, you should have a good understanding of what whiplash is. Whiplash is a neck injury caused by a hard, sudden impact that results in the head moving rigorously backward and forward. This motion causes the soft tissues and muscles in your neck to stretch and tear, leading to a multitude of symptoms, including pain, stiffness, loss of range of motion, and more. Whiplash is often overlooked because it is not an apparent injury like a bleeding wound, and it often manifests slowly over the hours and days following the accident. However, it can nevertheless be severe and debilitating. 

Whiplash Claim Process

Now, let’s talk about how to file a claim for whiplash. The process of filing such a claim is the same as the process for filing any other car accident injury claim. While each situation can vary, you will generally want to follow this trajectory.

Call the Police and Get an Accident Report

Even if the accident did not necessitate a 911 response, it is imperative to call the local police so they can respond to the scene. The police will conduct an investigation, speak with both drivers and eyewitnesses, document the vehicle placement, and more. They will memorialize all of this information in an accident report, which you can use later in your pursuit of compensation.

Seek Medical Attention

You should see a doctor as soon as possible to avoid worsening your neck injury and begin necessary treatment. Keep copies of all bills and medical records to establish your injury and its related direct expenses. 

Notify the Insurance Company

You must notify your insurance company of the accident as soon as possible. This will formally open a claim for the accident, and you will be provided with a claim number. You will likely be contacted by your insurance company and even the other driver’s insurance company and asked to provide a recorded statement detailing what happened.

Gather Evidence

In addition to keeping copies of your medical records and the accident report, you should gather any other evidence that you can to support your claim. Such evidence can include photos from the scene, notes about what you remember from just before the accident, gathering nearby video surveillance or traffic cams, and any other information or documents you think might be relevant to a claim. 

Contact a Personal Injury Lawyer

Even minor whiplash can seriously impact your ability to work and participate in your regular daily routine and activities. We strongly recommend meeting with an experienced personal injury attorney to discuss your rights and options. Sometimes, pursuing an insurance claim is insufficient, and you may have to consider filing a civil lawsuit for damages. Our personal injury attorney will meet with you to provide a free case evaluation and discuss your best course of action.                                             

Legal Grounds for a Whiplash Car Accident Lawsuit

If you are contemplating filing a personal injury lawsuit in New York, you must prove the defendant’s negligence caused your injury and damages. To prove negligence in a car accident case, you generally need to demonstrate four key elements:

  • Duty of care—the defendant had a duty to act with reasonable care while operating a motor vehicle;
  • Breach of duty—the defendant failed to fulfill that duty;
  • Causation—their breach of duty directly caused the accident and your whiplash injury; and
  • Damages—as a result of that breach and the injury caused, you suffered financial damages, such as medical expenses and lost wages.

While this might sound straightforward, establishing these elements can be complicated and often require medical and other experts to testify. A skilled lawyer will assist you in gathering the evidence you need to maximize your chance of a successful case. 

How Long Do I Have to Bring a Claim?

In New York, you have a limited time to file a lawsuit for a whiplash injury. Generally, the statute of limitations for personal injury cases is three years from the date of injury. However, exceptions to the general rule may allow you additional or less time to initiate your case. If you fail to file your lawsuit within the applicable time, you may lose your right to pursue damages altogether. Meeting with a knowledgeable attorney as soon as possible will ensure you file within the deadline. Practically, it is also wise to pursue your claim sooner rather than later while evidence remains available and witnesses’ recollections remain intact. 

Do I Need Legal Representation for a Whiplash Injury Claim?

There is no legal requirement that you hire an attorney to pursue a whiplash injury claim; however, navigating car accident injury claims alone can be overwhelming. These claims and lawsuits are often more complex than you might initially think, requiring lengthy investigations, daunting discovery, contested negotiations, and extensive litigation. While this might be your first encounter with the legal system, personal injury attorneys do this daily. Having a fierce and experienced advocate can substantially increase your chances of getting the proper compensation for your losses. 

Whiplash Claims Attorney

At Greenspan & Greenspan Injury Lawyers, we have over three decades of experience representing accident victims with a wide array of whiplash injuries. If someone else’s negligence caused your neck injury, you should not have to suffer alone. Let us help you get the justice and compensation you deserve. Contact us today to schedule a compassionate, complimentary consultation with our legal team.