How to Sue for Whiplash After a Car Accident in New York City
Whiplash is a very common injury associated with car accidents. The injury can affect the head, neck, and back and often comes with serious long-term pain. Whiplash injuries can get in the way of your everyday life and make doing ordinary daily tasks extremely difficult.
Whiplash injuries can be extremely painful and last much longer than you think. You deserve compensation for your whiplash injuries. You can file a personal injury lawsuit against the driver who hit you to get compensation. Personal injury lawsuits often take time to complete and can be very complicated. An attorney can help you get the compensation you need.
If you suffered whiplash or other injuries in a car collision, speak to our New York City car accident lawyers for help. Call the attorneys at The Carrion Law Firm at (718) 841-0083 to get help. We offer free case reviews to get you started.
Whiplash After a Car Accident in New York City
While many people suffer whiplash after car accidents, you might not know exactly what this injury consists of. Whiplash is a neck injury resulting from a sudden, forceful back-and-forth head motion. The injury often occurs when a driver is hit from behind, causing their head to whip backward and then forward very quickly. Although, whiplash can happen no matter what angle you are struck from.
There are numerous signs and symptoms of whiplash. Neck pain is a common symptom, but you can also experience a reduced range of motion in your neck. You might also experience headaches, shoulder pain, tingling or numbness in your arms, dizziness, and fatigue. A few less common but still very serious injuries include blurred vision, ringing in the ears, difficulty focusing, and problems with memory.
The symptoms of whiplash might be immediately apparent or take time to show up. Even if you do not feel injured after an accident, you should see a doctor immediately. If you are experiencing whiplash symptoms, your doctor can evaluate the extent of your injury. If you choose to file a lawsuit, your medical records will be very important to your case. Our Bronx car accident lawyers can help you assess your damages.
If you are experiencing whiplash symptoms but believe the situation is not serious, you should still see a doctor and speak with an attorney. Whiplash symptoms can become worse over time and might get in the way of your job and daily life.
Suing for Whiplash After a Car Crash in New York City
Filing a lawsuit can help you get compensation for your damages after a car accident. Whiplash is a painful injury that often requires costly medical treatment. Our Long Island car accident lawyers can help you sue for whiplash after a car accident and get your damages paid for.
Filing Insurance Claims
Before filing a lawsuit, you must go through your insurance. New York is a no-fault state regarding insurance for car accidents., and drivers must file claims with their own insurance instead of the other driver’s. Drivers do not have to provide any proof of fault, only proof that the accident happened and proof of the extent of any injuries. This step is required before going on to file a lawsuit.
Requirements for Lawsuits
If you want to file a personal injury lawsuit for whiplash, you must demonstrate that your whiplash counts as a “serious injury.” Otherwise, car accident lawsuits are not allowed under New York insurance laws. The criteria for a serious injury can be found under ISC Law § 5102(d) and includes the loss of bodily functions, serious disfigurement, broken bones, and other possible injuries.
Whiplash might be considered a serious injury if it prevents you from performing your normal daily tasks for at least 90 days during the 180 days immediately following your accident. Medical records about your whiplash are crucial to proving it constitutes a serious injury.
Filing the Lawsuit
Once you have assessed your damages, you and your attorney can file a complaint with the court. Your complaint is a detailed list of statements regarding your accident and injuries. The complaint should contain information about the accident, who caused it, the extent of your damages, and the compensation you are entitled to. Evidence like your medical records and details about the accident can be used to strengthen your complaint.
The complaint must be filed within 3 years of the date of the accident. This rule is imposed by CVP Law § 214 and is known as a statute of limitations. If you do not file your complaint within this time frame, you risk losing your right to bring the case at all.
Damages from a Whiplash Car Accident Case in New York City
The damages available in a personal injury lawsuit for whiplash can be quite extensive. Our Queens car accident attorneys can help you assess your damages before beginning your lawsuit. The damages available in your case are unique to your situation, but some relatively common damages for whiplash cases can include the following:
- Medical bills,
- Future medical bills if treatment is likely to continue for some time,
- Physical and mental pain and suffering,
- Lost wages from missing work,
- Lost future earnings if you are unable to return to work, and
- Property damage to your vehicle
You should never discount any of your damages. People sometimes overlook or dismiss some of their damages because they do not believe they are serious enough to consider in a courtroom. Every single one of your damages and injuries deserves compensation, and many damages are worth more than you realize.
What If My Whiplash Heals Before My Car Accident Case Is Completed in New York City?
You do not need to have outward signs of an injury to have a trial, and it is okay to show up to court fully healed. As long as your injury was considered a serious injury, you should be okay to begin your lawsuit. Damages are proven through medical records, testimony, and other evidence, not your present condition. Even if you make a full recovery, you should still be compensated for the pain and injuries you experienced. Our New York City personal injury attorneys will help you prove just how serious your whiplash injuries are.
This is why documenting your injuries through medical records is so important. Perhaps you do not appear injured or in pain during the trial. Still, you have medical records and a doctor’s testimony to prove you did in fact experience severe pain and expensive injuries.
Call Our New York City Car Accident Attorneys for Help
If you were diagnosed with whiplash after a car accident, our Staten Island car accident lawyers can help you get compensation for your painful injuries. Call The Carrion Law Firm at (718) 841-0083 to get a free initial case evaluation from our team.