Whiplash is one of the most common and most disputed car accident injuries in New York. Insurance companies train their adjusters to minimize these claims. They label them “soft tissue injuries” and offer pennies on the dollar. However, whiplash can cause lasting pain, limited mobility, and long-term suffering. If you suffered a whiplash injury in White Plains NY, you need to understand how insurers fight these cases and what you can do to protect your claim.
What Whiplash Actually Is
Whiplash is a neck injury caused by rapid back-and-forth movement of the head. This motion typically happens when another car rear-ends yours. It damages the soft tissues of the neck, including muscles, tendons, and ligaments. In many cases, MRIs reveal disc bulges and herniations that standard X-rays miss. Symptoms often include neck pain, headaches, dizziness, and difficulty concentrating. These symptoms may not appear for hours or even days after the accident. The Mayo Clinic notes that whiplash symptoms can take hours or days to appear after an accident.
Why Insurers Fight Whiplash Claims
Soft tissue injuries do not show up on standard X-rays. As a result, insurers routinely dispute them. For example, they claim the accident was not severe enough to cause injury. They also argue your symptoms existed before the crash. Additionally, they point to any treatment gap as evidence that you were not really hurt. An experienced attorney knows how to counter each of these tactics with medical evidence and expert testimony.
New York’s Serious Injury Threshold and Whiplash
For whiplash to support a pain and suffering claim in New York, it must meet the serious injury threshold. Specifically, you need to show “significant limitation of use” of the neck or prove that the injury curtailed “substantially all” of your daily activities for at least 90 days. Therefore, thorough medical documentation is critical. Your doctor must clearly describe how the injury limits your movement and daily function. Without this documentation, the insurance company will argue your whiplash does not qualify.
What to Do After a Whiplash Injury in White Plains
First, see a doctor immediately after the accident. Do not wait for symptoms to appear. Next, follow your treatment plan exactly and attend every appointment. If you skip sessions, the insurer will use those gaps against you. Also, keep a daily pain journal that records your symptoms, limitations, and how the injury affects your work and personal life. Finally, do not give a recorded statement to any insurance company before speaking with an attorney.
Talk to a Car Accident Lawyer About Your Whiplash Injury
At GMR Law Office, we handle whiplash injury claims in White Plains and throughout Westchester County. We work on contingency, so you pay nothing unless we recover for you. Call (914) 342-7004 for a free consultation. We speak English and Spanish.
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