Whiplash Car Accident Attorney in NYC
Have you noticed debilitating whiplash symptoms after being involved in a car accident in New York City? Whiplash is among the most common crash-related injuries. While some people may think of it as relatively minor, many cases of whiplash can seriously affect your finances, quality of life, and ability to work.
If you sustained whiplash in a New York car accident that was not your fault, you might have grounds for a personal injury claim. The compensation you could obtain from a successful claim can help you pay for medical care, replace lost income, and much more.
Whiplash Injuries from Car Accidents in NYC
Whiplash is a painful soft-tissue injury that primarily affects the neck, upper back, and shoulders. Whiplash injuries occur in car accidents when the forces of the impact cause the head and neck to whip back and forth, damaging surrounding tissues.
Studies suggest that roughly 1 million Americans suffer whiplash injuries annually and that motor vehicle accidents – especially rear-end collisions – are their leading cause.
Treatment and Long-Term Effects of Whiplash
Some crash victims who suffer whiplash find that their conditions improve within a few days or weeks of the initial onset of symptoms. Many other victims have more intense symptoms that can last months or even years.
Some examples of common long-term effects of crash-related whiplash include:
- Chronic pain or stiffness in the jaw, neck, back, and shoulders
- Persistent numbness and weakness in the arms and legs
- Frequent headaches, possibly including migraines
- Reduced range of motion in the neck
- Chronic dizziness, blurred vision, and tinnitus (ringing in the ears)
- Fatigue and unusual sleep difficulties
- Chronic difficulties with memory, concentration, and focus
- Unusual irritability, anxiety, and other neurological symptoms
When whiplash symptoms persist well after the car accident that causes them, doctors commonly recommend the following types of treatments:
- Hot and cold therapies – Applying hot or cold thermal packs for pain relief
- Immobilization – Stabilizing the neck with a foam collar to promote healing
- Medications – Prescription or over-the-counter (OTC) anti-inflammatory drugs
- Physical therapies – Movement-based treatments to improve range of motion
Common Types of Accidents Leading to Whiplash
Whiplash injuries can occur in any traffic accident that causes an occupant’s head or neck to move in a rapid, back-and-forth motion, similar to the cracking of a whip.
Whiplash injuries are especially common in the following types of accidents:
- Rear-end car accidents, which occur when the front end of one vehicle collides with the rear end of the vehicle in front of it
- Head-on car accidents, which occur when the front ends of two vehicles traveling in opposite directions collide
- T-bone car accidents, which occur when the front end of one vehicle collides with the broad side of another vehicle at a right angle
- Sideswipe car accidents, which occur when the broadsides of two vehicles scrape or swipe along one another
- Angle-impact car accidents, which occur when the front end of one vehicle collides with another vehicle at an angle
Potential Compensation in an NYC Whiplash Car Accident Claim
New York follows a no-fault auto insurance model, meaning you must file your initial car accident claim with your own insurance provider. Your mandatory personal injury protection (PIP) coverage should pay for the following crash-related losses and expenses:
- Any reasonable and necessary crash-related medical bills you incur
- Up to 80 percent of lost wages, up to a maximum of $2,000 per month for up to three years after the accident
- Up to $25 per day for up to one year after the accident for other reasonable and necessary crash-related expenses, such as household help or transportation
You may be able to step outside the no-fault system and file an insurance claim or lawsuit against the other driver, provided your crash-related injuries resulted in:
- A significant disfigurement or fracture
- A permanent limitation of the use of a bodily organ or member
- A significant limitation of the use of a bodily function or system
- A substantially full disability that lasts a minimum of 90 days
If you meet the criteria for a “serious” injury after an NYC car accident, you can seek compensation beyond the limits of your PIP policy. For instance, you could recover money for the total value of lost wages and personal losses like pain and suffering.
Time Limits for Filing a Whiplash Case in New York
Under New York’s Civil Practice Law & Rules § 214(5), you have just three years from the date of a car accident to file a lawsuit for a whiplash injury. If you attempt to sue after the three-year deadline has passed, the court will almost certainly dismiss your case, and you will lose the right to demand compensation in court.
This statute of limitations can also affect your claim even if it never proceeds to trial. That is because your ability to threaten a lawsuit is your primary leverage during insurance negotiations.
The attorneys of The Perecman Firm, P.L.L.C., are here to help you identify and manage essential case deadlines so you can pursue your claim in a timely manner.
How Our NYC Whiplash Lawyers Can Help You
The NYC whiplash accident lawyers at The Perecman Firm, P.L.L.C., can help with your whiplash claim by:
- Conducting an independent investigation into the causes of the accident
- Communicating with insurers, lawyers, and other parties on your behalf
- Obtaining medical records, crash reports, and other evidence for your claim
- Interviewing eyewitnesses and medical experts for compelling testimony
- Negotiating aggressively to maximize the value of your claim settlement
- Taking your case to court and representing you at trial, if necessary
Contact Our New York City Whiplash Accident Lawyers
If you are suffering from whiplash symptoms after an NYC car accident, reach out to The Perecman Firm, P.L.L.C., as soon as possible. Our whiplash accident lawyers are ready to answer your questions and review your case for free during your initial consultation session.