Can You Sue for Whiplash Pain After a Car Accident in New York City
Whiplash is a common car accident injury that involves the head and neck. Whiplash is rarely fatal and often heals in time, but it can be very painful and require costly medical treatments. You can sue for compensation for your whiplash pain and medical bills.
New York follows a no-fault rule when it comes to insurance for car accidents. Under the no-fault rule, injured drivers first turn to their own insurance coverage. To step outside the no-fault system and sue for your injuries, you must prove you have a “serious injury” as defined by law. Whiplash can fall into this category in some cases.
Do not dismiss your pain as insignificant if you were diagnosed with whiplash after a car accident. You deserve compensation for the pain and suffering you have endured. Contact our New York City car accident attorneys about a free case evaluation to get started. Call The Carrion Law Firm at (718) 841-0083 for assistance.
Whiplash After a Car Accident in New York City
Whiplash is a serious injury to the head and neck, but pain can affect numerous body parts. Whiplash pain often occurs very soon after a car accident, although some accident victims might not experience pain or other symptoms for a few days. If you believe you are experiencing whiplash symptoms, get to a doctor right away. Our New York City car accident attorneys can help you sue for compensation for your whiplash pain.
Whiplash can present with the following symptoms:
- Neck pain
- Limited neck movement
- Shoulder pain
- Upper back pain
- Tingling or numbness in the arms
Whiplash can be very painful, and the pain can interfere with your ability to complete daily tasks. Many injured drivers diagnosed with whiplash miss work because they cannot work through such intense pain. Many drivers also miss out on normal parts of their lives each day because of the pain.
Suing for Whiplash Pain After a Car Crash in New York City
Whiplash is commonly associated with car accidents, and car accidents must first go through insurance. New York is a no-fault insurance state, and this means injured drivers must file claims with their own insurance after a car accident. Drivers are typically paid by their insurance regardless of who is responsible for the accident.
To step outside the no-fault insurance system, an injured driver must have a “serious injury.” The serious injury requirement can be found under ISC Law § 5104 and states that there is no right to recovery for non-economic losses without a serious injury in a personal injury lawsuit for a car accident.
A serious injury is defined under ISC Law § 5102(d) as any of the following injuries:
- Significant disfigurement,
- Loss of fetus,
- Permanent loss or limitation of a body part, organ, or function, or
- Non-permanent injuries or impairments that prevent you from performing substantially all your daily tasks for at least 90 days during the 180 days immediately following your accident.
Whiplash pain may fall under the very last category on this list in many cases. If your pain is so significant that you cannot function as normal on a day-to-day basis, you might be able to file a lawsuit. Our Queens car accident lawyers can help you determine if your whiplash pain constitutes a serious injury.
Assessing Damages for a Lawsuit for Whiplash Pain After a New York City Car Accident
When suing for whiplash pain, you must assess your damages. This requires evaluating your pain and determining an amount of money that constitutes satisfactory compensation. Since whiplash pain is a non-economic or intangible injury, this might require consulting with your doctor.
We must also examine how your pain has impacted your life. If you cannot return to work because your pain is so great or you cannot leave your home and enjoy life, these factors should be considered when calculating your damages. Our Brooklyn car accident attorneys have experience with various damages and can help you figure out damages for whiplash pain.
The amount of money you get as compensation for whiplash pain depends on a myriad of factors. Whiplash pain affects different people in different ways. The more debilitated you are because of your pain, the greater your damages are. Also, the longer your whiplash hinders you, the more damages you can claim.
Proving your pain might be challenging. Pain is not necessarily outwardly visible, and we will need more than your word to prove that you are indeed in great physical pain. You should make regular doctor visits while you are in pain to establish medical records of your pain and recovery. Your medical records and a doctor’s testimony can help support your claims for damages.
Settlements for Whiplash Pain After a Car Accident in New York City
Your lawsuit for whiplash pain can end early if you are open to a settlement agreement. A settlement agreement is a deal between the plaintiff and defendant in a lawsuit. If you agree to settle, you agree to drop the case against the defendant. The defendant, in return, agrees to pay you a certain sum of money for your pain and damages. The amount of money in a settlement agreement must be negotiated by the parties.
Our Long Island car accident attorneys have experience negotiating settlements for car accident victims. Settlements require effective negotiation strategies and tactics. The more evidence you have supporting your claims of severe whiplash pain, the more likely you are to get a good settlement offer. If you cannot reach a settlement agreement, we can still prepare your case for a trial.
Contact Our New York City Car Accident Lawyers
If you suffered whiplash after a car accident and experienced severe pain, contact our Bronx car accident lawyers for help. We can help you sue the other driver for your whiplash pain. Call The Carrion Law Firm at (718) 841-0083 for a free case review.