Whiplash is among the most common injuries seen in rear-end car accidents in New York. While this injury is rarely fatal, it can cause long-term pain and ongoing medical treatment and rehabilitation.
Sometimes, you can sue for compensation if you sustain a whiplash injury.
New York has a no-fault rule for car accidents. This law states that injured drivers must file a claim with their insurance company first. To have the right to go beyond this coverage and file a lawsuit for the injuries, you must prove you sustained a “serious injury,” as defined by New York law. Sometimes, whiplash falls into this category.
We encourage you to contact our legal team in this situation. We can help protect your rights and ensure you secure the maximum compensation.
The Impact of a Whiplash in a New York Car Accident
Whiplash is a severe injury to the neck and head. The pain caused by a whiplash injury can impact several body parts.
Sometimes, pain from a whiplash injury can be seen immediately after an accident; however, it takes days or longer to appear in other cases. If you believe you sustained a whiplash injury, seek medical treatment immediately. If the injury is severe enough, our New York car accident lawyers can help you recover the compensation you deserve.
Some of the common symptoms of a whiplash injury include the following:
- Neck pain
- Limited neck movement
- Numbness or tingling in the arms
- Upper back pain
- Shoulder pain
Whiplash injuries can be extremely painful. For some, the pain is so severe that it can impact their ability to engage in daily tasks. Some injured drivers who suffer a whiplash injury miss work because they cannot endure the pain. Some drivers may miss out on different parts of their life because of the pain.
Your Right to Sue for Pain After a New York Car Accident
Whiplash is common in rear-end accidents but can occur in other accidents. If you are involved in an accident, your first step for compensation is to file a claim with your auto insurance company.
New York follows a no-fault law. This means drivers must file a claim with their insurance after a car accident. Usually, drivers are paid by their insurance company, regardless of fault.
As mentioned above, you must sustain a severe injury to move beyond compensation from your insurance provider.
Serious injuries are defined as:
- Loss of a fetus
- Significant disfigurement
- Permanent loss or the limitation of a function, organ, or body part
- Non-permanent injuries or other impairments that keep you from performing day-to-day tasks for a minimum of 90 days during the 180 days after the accident
Sometimes, whiplash pain falls under the final category on the above list. If this is the case, your pain will be so severe that you cannot function normally daily. If this is the case, it is possible to file a lawsuit.
Our New York car accident lawyers will help you determine if your whiplash-caused pain is considered a serious injury.
Determining What Damages You Can Recover for Accident-Caused Whiplash Pain
If you plan to file a lawsuit for whiplash pain, you should assess your damages. This requires us to evaluate your pain and determine what type of compensation you deserve. Because whiplash pain is an intangible or non-economic injury, you may need to consult with your doctor.
You need to consider how the pain has impacted your life. If you cannot go back to work because your pain is so severe or you cannot leave your home to enjoy life, these factors must be considered when determining the damages you deserve.
Our New York car accident attorneys have years of experience helping our clients collect damages due to whiplash pain.
The money you receive as damages for your whiplash pain depends on several factors. Whiplash pain can impact you in different ways. The more debilitated you are due to your pain, the more your damages will be. Additionally, the longer your whiplash affects you, the more damages you can receive. Also, the longer your whiplash injury impacts your life, the more damages you will receive.
It is challenging to prove pain. It is not always outwardly visible, and we need more than just your word to prove to the insurance company that you are suffering physical pain. You must schedule regular doctor visits while in pain to have medical records of your total pain and how long it will take for you to recover fully. When you seek medical treatment, you will have your records and testimony from a physician to support your claim.
Recovering a Settlement for a Whiplash Injury
We will work to negotiate with the insurance company for the at-fault party to help you secure a settlement. Settlement agreements will keep you from having to go to court.
However, we encourage you to avoid accepting a settlement offer without letting us evaluate it. We can often negotiate with the insurance company to help you secure the maximum money possible.
If the insurance company for the other party will not make a fair settlement offer, we can take your case to court to secure the money you deserve.
Let Our Legal Team Help with Your Car Accident Case in New York
If you were involved in a rear-end accident in New York, our legal team is here to help. At The Law Office of Joseph J. Perrini, III, we understand how a whiplash injury can impact your life. We will fight for your rights and help you secure the full compensation you deserve.
The first step is contacting our office for a free initial consultation.