Car accidents can have a profound impact on a person’s life, both physically and financially. Whiplash, a common injury in rear-end collisions, can result in severe pain and discomfort. However, when pre-existing conditions are involved, the process of making a whiplash claim in West Seneca, New York, can become more complex. In this article, we will explore the intersection of pre-existing conditions and whiplash claims in the context of car accidents, shedding light on what you should know if you find yourself in this situation.
Understanding Whiplash
Whiplash is a neck injury that occurs when the head is suddenly jerked backward and then forward. This can happen in car accidents, particularly in rear-end collisions, when the force of impact causes the neck to overextend and snap back. Common symptoms of whiplash include neck pain, stiffness, headaches, and even cognitive difficulties, such as memory problems and difficulty concentrating. It’s crucial to recognize that the symptoms of whiplash may not appear immediately after an accident, sometimes taking hours or even days to manifest.
The Role of Pre-Existing Conditions
Pre-existing conditions refer to medical issues that a person had before the car accident. These could range from chronic neck pain to arthritis, and even previous whiplash injuries. When an accident occurs, pre-existing conditions can complicate matters. This is because insurance companies might argue that the new injury is not entirely responsible for the pain and suffering experienced by the claimant.
How Pre-Existing Conditions Impact Whiplash Claims
In West Seneca, New York, as in many other places, insurance companies often scrutinize claims closely. When pre-existing conditions are involved in a whiplash claim, they may argue that a significant portion of the pain and suffering is due to the prior condition rather than the accident. This can lead to reduced compensation or even a denial of the claim. However, it is essential to understand that having a pre-existing condition does not necessarily mean you cannot make a valid whiplash claim.
Proving Your Whiplash Claim
To strengthen your whiplash claim in the presence of pre-existing conditions, several steps can be taken:
Seek Immediate Medical Attention: Regardless of pre-existing conditions, it is crucial to seek immediate medical attention after a car accident. This establishes a link between the accident and your injuries, helping to prove your claim’s validity.
Document Everything: Keep meticulous records of all medical treatments, including any previous treatments for pre-existing conditions. This documentation can help establish the extent of your current injuries.
Consult an Attorney: It’s wise to consult with an experienced personal injury attorney who can navigate the complexities of whiplash claims involving pre-existing conditions. They can help you build a strong case and negotiate with insurance companies on your behalf.
Get Expert Opinions: Medical experts can provide testimony about the extent to which the accident exacerbated your pre-existing condition and contributed to your pain and suffering.
Be Honest and Transparent: It’s crucial to be honest about your pre-existing conditions and how they might have affected your injury. Dishonesty can significantly harm your case.
Whiplash claims in West Seneca, New York, can be complicated when pre-existing conditions are involved. However, it is essential to remember that having a pre-existing condition does not automatically disqualify you from receiving compensation for injuries sustained in a car accident. By taking the right steps, such as seeking prompt medical attention, documenting your injuries, and consulting an attorney, you can increase your chances of making a successful whiplash claim, even in the presence of pre-existing conditions.
How can Andrews, Bernstein & Maranto, PLLC help you if you have Whiplash Claims in West Seneca, New York?
At Andrews, Bernstein & Maranto, PLLC, we understand the physical, emotional, and financial challenges that come with whiplash injuries resulting from car accidents in West Seneca, New York. Our team of experienced and dedicated personal injury attorneys is here to help you navigate the complexities of whiplash claims and ensure you receive the compensation you deserve.
Here’s how our firm can assist you with your whiplash claim in West Seneca:
Skilled Legal Guidance: Our attorneys have a deep understanding of New York personal injury laws, including those related to whiplash claims. We can provide you with skilled guidance to ensure that you take the right steps to strengthen your case.
Thorough Case Evaluation: We will thoroughly evaluate your case, taking into consideration any pre-existing conditions you may have. This helps us determine the best approach to demonstrate the link between the accident and your whiplash injury.
Comprehensive Documentation: Our team will work with you to gather and organize all necessary documentation related to your accident and injuries. This includes medical records, treatment receipts, accident reports, and any evidence of pre-existing conditions.
Negotiation with Insurance Companies: We have the experience and negotiation skills to handle insurance companies on your behalf. We will fight to ensure that you receive fair compensation for your pain and suffering, medical expenses, lost wages, and other damages.
Advocacy in Court: If a fair settlement cannot be reached through negotiation, we are prepared to take your case to court and advocate for your rights before a judge and jury.
Support and Compassion: We understand the physical and emotional toll that whiplash injuries can take on individuals and their families. Our team provides compassionate support throughout the legal process, ensuring you feel heard and understood.
No Fees Unless We Win: At Andrews, Bernstein & Maranto, PLLC, we work on a contingency fee basis, which means you don’t pay any legal fees unless we secure a favorable outcome for your whiplash claim.
If you or a loved one is dealing with the aftermath of a whiplash injury in West Seneca, New York, our firm is here to help. We are committed to fighting for your rights and ensuring that you receive the compensation you deserve. Contact us today to schedule a free consultation and take the first step toward getting the support and justice you need during this challenging time.