Whiplash Injuries in Personal Injury Cases in New Jersey

One of the most common soft tissue injuries arising from a motor vehicle accident is whiplash.

Whiplash Injuries in Personal Injury Cases in New JerseyIt is not uncommon to leave the scene of a motor vehicle accident with soreness, maybe some aches and pains. Sometimes, however, it takes a day or two for the physical effects to show up. Soft tissue damage, such as muscular strains, is what many accident victims suffer. When your car is hit hard enough from behind to impact the spine, you may injure your neck when it is bent forward and backward or backward then forward by force. The extent of the whiplash may depend on the impact location, directly in the center rear or angled left rear or right rear. But any activity that violently forces the head forward and back or vice versa, like sports injuries, slip and falls, physical beatings, and roller coaster type rides, can cause the condition. All causes considered, whiplash affects the muscles, nerves, tendons, and discs in the neck.

Most Common Whiplash Symptoms in Ewing, NJ

Typical whiplash symptoms involve the neck but can also affect other body parts when pain radiates from the neck to your extremities or up to your brain. For example, you may experience neck or shoulder pain and stiffness that causes or occurs with low back pain. In addition, an injury in the cervical spine can affect the lower regions of the spine, such as the thoracic (middle) or lumbar (lower) spine. Other symptoms include pain or numbness in the arms or hands when connecting nerves reaching the neck and shoulder and impinge on blood flow to the extremities. You may also experience neck and brain-related symptoms, such as headache, dizziness, tinnitus (ringing in the ears), blurred vision, irritability, fatigue, and trouble sleeping and concentrating. Moreover, your memory may fail you. These symptoms appear like other conditions, so examining physicians must run tests for a correct diagnosis.

When you suffer a collision on the road or other accident, you probably want to visit your physician right away for a complete physical exam and review of your medical history. Your physician may want to rule out other causes for your aches and pains, especially involving the neck and spine. For example, similar symptoms appear in arthritic patients. Running tests like x-rays to check for bone fractures or tissue problems is a common first step. But an x-ray may not show soft tissue injury, so your doctor may order MRI, DTI, PET, and CT scans for a more detailed look at the soft tissue (muscles and ligaments), bones, brain, and other organs. Ruling out other cervical and other pain sources, a radiologist and physician can review the scans for any significant damage, such as fractures, tears, or breaks. If not, whiplash may be the diagnosis.

Whiplash treatment and recovery process, East Windsor

Whiplash and Type of Collision in Trenton NJWhile many whiplash patients feel better after a few weeks, more severe whiplashes may need more treatment. If your pain is intense, the neck stiffness comes and goes, tingling, weakness, or numbness in the shoulders or limbs appear, or loss of bladder or bowel control arises, you may require various treatments. Depending on your medical history, age, and health, your doctor may prescribe multiple treatments at specific times in the healing process. So, considering the severity of the injury, medication allergies, sensitivity to pain, and preferences, your doctor may first prescribe ice to relieve pain in the first day or two after injury. Then, to stabilize the neck and decrease the incidence of pain, they could send you home with a neck brace. And once healing begins and the pain lessens, gentle exercise with anti-inflammatory medication, muscle relaxation exercises, physical therapy, massage, acupuncture, electronic nerve stimulation, or chiropractic adjustment may be next in the healing process.

Whiplash injuries typically resolve over a few days to weeks or months unless complications arise. Unfortunately, some violent collision survivors suffer headaches and intermittent or chronic pain for years after an incident. When stretched ligaments, displaced discs, and injured neck joints are the source of the pain, doctors may treat the symptoms with pain management, physical therapy, or surgery. But some continued pain after whiplash is inexplicable. Some suffer for years long after an accident. And living with whiplash complications may deeply diminish a person’s quality of life.

Importance of Whiplash Medical Reports in NJ Negligence Cases

If you need whiplash treatment due to another’s negligence, you want to make sure your doctor concludes in their reports that the accident caused or likely caused your injury. Negligence may be inattentive driving, failing to clean up a spill on supermarket floors, physical assault, abuse, or unnecessary violent play in sports. Insurance companies that typically pay for personal injury claims against drivers, businesses, or other organizations need medical verification and proof that the injury the claimant suffers is from an accident caused by the insured. In addition, insurance companies may raise defenses to payment on claims that the injured party had other injuries, pre-existing conditions, or causes of their pain and injury. For this reason, a personal injury victim must see their doctor soon after an accident and narrate what occurred in the accident, and chronicle the symptoms. All of this is highly valuable information for your personal injury lawyer who is handling your claim.

Keep track of your Medical Expenses after Whiplash Injury

Keep track of your Medical Expenses in West Windsor, NJIt is also essential to keep track of the out-of-pocket expenses you have paid since the accident. For example, you may pay co-pays for doctors, radiologists, chiropractors, acupuncturists, physical therapists, and lab technicians if you have insurance. If you do not have insurance, those costs are all out of pocket. And attending the various doctor and therapy appointments may result in days off work that are either unpaid or paid sick days. In addition, you may pay for pain medications and a cervical collar. And through the healing and treatment, you may suffer pain in living your daily life. With whiplash, the simplest actions you take for granted, like turning your head to see over your shoulder when you back out of a driveway, are painful and prevent you from doing your normal activities.

All of the information you track, including a journal of your pain and difficulties performing daily tasks, is vital to your attorney. And you will need an attorney to represent you since without one; the insurance company will attempt not compensating you for your damages, including your medical, therapeutic, and pharmaceutical costs, as well as your economic losses from days off and sick days or vacation pay lost due to the accident.

Have you suffered whiplash injuries due to an accident? Contact the Personal Injury Team at KCR for a free initial consultation at our Trenton office.

At Kamensky, Cohen & Riechelson our dedicated personal injury attorneys use the medical expenses, property damage, financial losses, and pain and suffering from the accident to demand compensation for your injuries. If the insurance company refuses to pay or does not agree to compensate you fully, making you as close to whole as you were before the accident, we make proceed with the lawsuit in court, beyond settlement negotiations, and take your case to trial if necessary.

Be sure to find an experienced personal injury lawyer to help you with your whiplash claim. If you reside or have suffered an accident in or nearby Hamilton, Hightstown, Hopewell, Princeton, or Lawrence, call 609-528-2596 at our local Trenton office for a free consultation and to discuss your case today.

Smartphone Data Can Impact Your Personal Injury Case

As smartphone usage, capabilities, and technology continues to develop, smartphones and other “smart” devices like smartwatches and sports bands are increasingly playing an important role not only in our everyday lives but in personal injury claims as well.

Considering the amount and types of data that these devices can record, it is no surprise that both insurance companies and injury victims are turning to these devices to supplement, and at times contest, the evidentiary record during the personal injury claims process.

When it comes to your personal injury claim and how the data contained within your smart device can impact the strength or success of your claim, here is what you need to know:

What Information Can the Insurance Company Access on My Smartphone?

Smartphone Data Can Impact Your Personal Injury CaseOne of the most common questions our Mercer County, personal injury clients have of us during the personal injury process is what kind of access and information the insurance company has a right to regarding the data contained on their phone or other types of smart devices.

Unfortunately, there is no definite answer to this question, as the kinds of evidence the insurance company can request during the discovery process depend a great deal upon the relevance of this potential evidence to different areas of your particular case. For example, if you mention that you discussed your injuries or accident with a particular friend, the insurance company may be able to compel you to disclose all of your conversations with this friend, including messaging history on apps like WhatsApp, Line, and Google Hangouts.

Additionally, if there is a question as to your whereabouts at a given time or how your injuries have prevented you from performing certain actions such as routine exercise or traveling, for example, the insurance company can compel you to disclose the GPS record contained within any smart devices they believe you would have had on your person when performing any of these activities.

Smartphones and Your Mercer County Personal Injury Claim

The level of information that your smart devices can contain and the insurance company’s ability to access the information they feel is relevant to your personal injury matter all lead us to several important conclusions.

First and foremost, while honesty with both your attorney and the insurance company is essential during any personal injury claim because much of what you claim can be contested, or verified, using the information contained within your smart device makes it that much more important that you are completely truthful about what happened, how it happened. The affects your injuries have had on your life. Any exaggeration or embellishment you make, if discovered to be such through evidence collected on your smartphone or through any other means, may mean that you ultimately recover much less than you actually deserve, if you can make a recovery at all.

Smartphone Data Can Impact Your Personal Injury CaseSecondly, smart devices can be a double-edged sword. In some cases, the information contained within these devices can help you, and your Mercer County personal injury attorney verify your location at the time of your accident. Maybe the information contained within the smart device of a witness to your accident can verify how the accident happened! Conversely, it may be the case that you accidentally left your phone at your friend’s house, and the insurance company using the GPS data contained within your phone may say that you were actually at your friend’s house rather than at the scene of the accident you are claiming caused your injuries.

Trenton Personal Injury Law Firm Helps Protect Your Smart Device Data and Maximize Your Recovery

The bottom line is that your smart devices, and the information they contain within them, are increasingly playing a more influential role in the success of any personal injury claim you may file for accidents such as car accidents, truck accidents, motorcycle accidents, slip and falls, construction accidents, premises liability claims, and more. This means that your personal injury attorney’s investigative work for you and their ability to present these findings to a court and insurance companies is becoming that much more important due to the increasing availability of information and the access to that information that smartphones and other smart devices are providing.

At Kamensky Cohen & Riechelson, our attorneys have extensive experience successfully recovering full and fair compensation for the victims of the reckless or negligent actions of other parties in personal injury claims of all kinds in towns across New Jersey and Mercer County, including New Brunswick, Trenton, Princeton, Hamilton, and Lawrence.

Practicing law since 1972, our firm has the knowledge, experience, and commitment to attentive and effective service you and your family need to navigate the increasingly complex process of any personal injury claim and ultimately recover the financial compensation that your family needs and deserves.

To speak with our legal team today in a free and confidential consultation regarding your accident and resulting injuries, your options for recovering financial compensation for those injuries, or how the information contained within your smartphone may affect your personal injury claim, please contact us online, or through our Trenton, NJ office at (609) 528-2596.

What Settlement Offer Can I Expect for Pain and Suffering?

Personal Injury claims seek to recover compensation for three main factors; the victim’s medical expenses lost income and wages, and their pain and suffering.

What Settlement Offer Can I Expect for Pain and Suffering?For short-term injuries such as a broken arm, calculating your medical expenses and lost income can be fairly straightforward. Simply add up the costs of your medical bills, and the amount of time you have missed from work multiplied by your expected salary, and you have a pretty accurate idea of how much compensation to seek and expect in these areas.

For more serious injuries with longer-lasting consequences, calculating medical expenses and lost income becomes a bit more difficult, and is an area where having an experienced Mercer County personal injury attorney to assist you can be of great benefit. Not only will you wish to recover compensation for your medical expenses to-date, but serious injuries often require on-going medical treatment and rehabilitation which will need to be accurately estimated, something your attorney will have experience doing. The same goes for lost income, if your injuries prevent you from continuing in your previous line of employment, you will need to calculate exactly how much you may have earned given a lifetime of employment, including bonuses and promotions.

How Do Insurance Companies Calculate Pain and Suffering Compensation?

When it comes to pain and suffering however, calculations become quite a bit vaguer. How does one express exactly the pain their injuries have caused them, and then translate those feelings into a monetary number? Most insurance companies use a similar method when calculating what to offer in terms of pain and suffering for a given injury, and while you and your Mercer County injury lawyer may not immediately accept that offer, it is important to understand how the insurance company is arriving at that number, or what kind of offer you should expect for a given injury.

When it comes to pain and suffering, insurance companies will make their compensation offer based on whether or not the injury in question was a soft-tissue injury or a hard injury.

Soft Tissue Injury Compensation Mercer County Personal Injury Lawsuits

Soft tissue injuries are generally less severe, non-life-threatening, and not permanent. Common examples of soft tissue injuries are bruises, strains, and sprains. While certainly these injuries can be more painful for some people than others or cause more difficulty in some lives than others, insurance companies generally will offer between one to three times the value of your medical expenses like pain and suffering compensation.

Hard Injury Compensation Trenton Injury Attorneys

Hard injuries are generally much more serious injuries than soft tissue injuries. Hard injuries often require invasive methods to assess and treat, and can often cause long-term or permanent difficulties and pain to the victim. Some common hard injuries are broken bones, serious wounds that require transfusion or stitching, head, and brain injuries, and spinal cord injuries.

Due to the more serious nature of hard injuries, and the greater level of medical attention required, insurance companies will usually offer somewhere between four to five times the value of medical expenses as pain and suffering compensation.

Recovering Pain and Suffering Damages in a Personal Injury Case NJ

Recovering Pain and Suffering Damages in a Personal Injury Case NJWhile insurance companies do have these rough guidelines for offering pain and suffering damages in personal injury cases, in order to recover the compensation you need and deserve it is important to retain the counsel of an experienced Mercer County personal injury attorney. Many times insurance companies will try to devalue the full extent of the nature of your injuries, claim you were partially responsible and as such not entitled to full compensation, or even dispute the connection between your accident and the injuries you have suffered. An experienced personal injury attorney will understand how to combat these various tactics, and present a strong case on your behalf backed by expert consultants, detailed investigation and research, and effective presentation to courts and juries alike.

Contact Our Mercer County Personal Injury Attorneys Today

At Kamensky Cohen & Riechelson, our personal injury attorneys have a history of success when it comes to helping clients injured in accidents across Princeton, Trenton, Hamilton, Lawrence, and the greater Mercer County area.

Our goal in any personal injury case is to provide personal and attentive service to our clients, and secure them the compensation they need and deserve for injuries resulting from car accidents, truck accidents, motorcycle accidents, construction accidents, slip and falls, ladder and scaffolding accidents, and more.

If you have been injured as the result of the reckless or negligent actions of another, contact our firm today to discuss your options in a free and confidential consultation. To schedule your consultation, please contact us online. or through our Trenton, NJ office at 609.528.2596.

I was in an automobile accident, and the police didn’t respond to the call. How do I file a police report?

Auto Accident  Attorneys Helping clients across Mercer and Middlesex County NJ

I was in an automobile accident, and the police didn’t respond to the call. How do I file a police report?In 2017, there were over 270,000 car accidents in New Jersey, according to the New Jersey Department of Transportation. Essex County led the count in reported car accidents with 29,635 in 2017, followed closely by Bergen County with 28,903 reported accidents and Middlesex Country with 27,137 reported.

Car accidents are major stressors to all parties involved, both physically and emotionally. The American Academy of Family Physicians lists such post-traumatic effects of traffic accidents as shock, anger, fear, anxiety, nightmares, and irritability.

After a car accident, one expects that the stressors will be over, and the order will ensue. Unfortunately, that’s not always the case. More often than would be desired, the process of filing a police report can instigate additional stress, as authorities sometimes fail to arrive at the scene of the accident to complete the report, or they fail to even respond to the call.

Why did the authorities not arrive at the accident after I called it in?

Filing a police report is an imperative procedure when you have been in a car accident, no matter how minor or major the accident was. That said, even when one tries to file a report, there are instances in which police do not respond. Following are some of the main reasons authorities may not appear to the scene of the accident to complete a report upon its being called in:

  • Insufficient officers on duty or officers are responding to a more urgent incident
  • Minor accidents with little to no damage
  • Minor accidents with no injuries
  • Weather conditions prevent authorities from arriving

How do I ensure that a police report for the accident is filed in the absence of authorities?

How do I ensure that a police report for the accident is filed in the absence of authorities?

In the case that, upon calling to report an accident, authorities do not respond and arrive at the scene, there are some steps you can take to ensure that a police report is filed in their absence.

  • Call again the police dispatch, and request the procedure for filing a police report on your own.
  • Search your local police department’s online database to research the possibility of filing an online police report. The New Jersey Department of Transportation has a Self-Reporting Crash Form (SR-1) that can be used to report an accident that was not investigated by police
  • Physically go to the police station to file the report in person.

What do I need to ensure is included in a police report?

The National Safety Council reported in a recent study of all 50 U.S. states and Washington, D.C., that crucial information is often left out of police reports that adversely impact efforts to save lives, as well as, perhaps, the outcomes of injury claims.

According to the study, New Jersey police reports lack information in the police reporting systems on drugs other than alcohol involved in the accidents, whether the accident was work-related, and advanced driver assistance programs involved.  As such, it is imperative that you include as much information you think would be informative to an insurance claim as possible.

Again, while a police report will not always be used, it is imperative to file one. Sometimes, because of the adrenaline and chaos of an accident, one will not feel or know they have sustained injuries. Later, upon recognizing that your body has sustained injuries and you file a personal injury claim with your insurance carrier, it will be essential to have a police report available, as it is the primary collection of evidence an insurance carrier and personal injury lawyer will use to seek compensation for injuries sustained in the accident.

Contact a Car Accident Attorney to ensure an upright outcome in your case

If you have been involved in a car accident in which the authorities did not come to the accident scene to complete a police report, file one yourself. Then contact Kamensky Cohen & Riechelson to consult with an experienced member of our team regarding the next steps in your personal injury claim to ensure that you receive fair compensation for physical and emotional injuries sustained in the accident. We serve in Trenton office, Princeton, Lawrence, Hamilton, New Brunswick, and across Mercer County.

To connect with our firm today in a confidential and comprehensive assessment of your case call us at (609) 528-2596 or go online to schedule a free, no-risk consultation with a personal injury lawyer.

Liability Waivers and Injury Compensation

Liability Waivers protect Companies from being sued in Trenton, Princeton, Hamilton, Mercer County and across Central NJ

Liability Waivers and Injury CompensationNormally, if you are injured due to the reckless or negligent actions of another party in incidents such as auto accidents, trucks accidents, motorcycle accidents, slip and falls, ladder or scaffolding accidents, or any other kind of accident, you are entitled to seek compensation through a personal injury claim.

However, many companies and services are now requiring customers to sign “liability waivers”. Liability waivers protect these companies from many incidents of negligence, and can prevent parties injured while partaking in their services from pursuing injury claims. Furthermore, those same businesses can legally deny their services to anyone who does not sign their liability waiver.

Liability waivers are especially common in places like gyms, fitness centers, adventure tours, and other recreational events, and these places all have the potential to cause serious injury. So, can you still seek compensation for your injuries in Mercer County even though you have signed a liability waiver? There are two specific scenarios when this may still be possible, let’s take a look.

Unreasonable Liability Waivers and Mercer County Injury Claims

The first situation in which it may still be possible to recover compensation for your injuries even though you have signed a liability waiver is when the liability waiver you signed is considered by a judge to be “ambiguous” or “unreasonable”. This means that most people who actually read the liability waiver would not reasonably be able to understand its terms, or its legal implications, due to its extremely unclear writing.

Unfortunately, as more case law develops regarding liability waivers and their legibility and validity, most businesses are borrowing legal language from other liability waivers which have stood up to this exact legal scrutiny in past cases. As most liability waivers tend to be fairly similar in the terms that they outline, it is easy for places like gyms and fitness centers to borrow legally sound language from other liability waivers, and stay protected from liability in this manner.

If you have been injured on a premises or partaking in a service for which you have signed a liability waiver, contact our Mercer County injury firm to discuss whether or not the liability waiver you have signed may be considered unreasonable or ambiguous.

Gross Negligence, Mercer County Accident and Injury Lawyers

The second scenario in which it may still be possible to recover compensation for your injuries even though you have signed a liability waiver is in the case that the negligence which caused your injuries is considered “gross negligence”.

In legal terms, there are two specific types of negligence possible in a personal injury case, “ordinary negligence” and “gross negligence”. Ordinary negligence refers to accidents or incidents or injury wherein the liable party “forgot”, “overlooked”, or “failed to notice”. Liability waivers protect businesses and services from all incidents of ordinary negligence, so if your injuries were due to ordinary negligence, your case will most likely be summarily dismissed by the judge.

However, liability waivers cannot legally protect those same businesses and services from incidents of gross negligence. Gross negligence refers to when those services or their employees made conscious decisions to ignore their legal responsibilities to ensure the safety of their customers, all the while knowing that doing so would most likely lead to injury. A perfect example of gross negligence would be when a gym and its employees are repeatedly notified about a safety hazard such as a malfunctioning workout machine, but take no steps to correct the hazard, or restrict access to it. In this example, those actions could be considered gross negligence, and still allow for the injured party to seek compensation through a Mercer County personal injury claim.

Contact Our Injury and Liability Waiver Attorneys in Mercer County Today

At The Law Office of Kamensky, Cohen & Riechelson, our attorneys have been helping clients across Trenton, Princeton, Hamilton, Mercer County, and throughout New Jersey to recover compensation in personal injury lawsuits of all kinds since 1972.

Insurance companies across the state respect the legal service we are capable of providing to each of our clients, and, as such, tend to deal much more fairly with us than they would otherwise. By focusing primarily on personal injury and workers’ compensation law, our firm is capable of providing the knowledgeable, effective, and tenacious representation that you need and deserve in any situation involving an accident and injury.

To speak with our firm today in a free and confidential consultation regarding your accident, your injuries, and your options for recovering compensation even though you may have signed a liability waiver, please contact us online, or through our Trenton, NJ office at (609) 528-2596.