Whiplash: Can You Sue In New York?

CAN I SUE FOR WHIPLASH

You were driving home from work when another car suddenly cut you off, causing you to slam on the brakes. As a result, you hit your head against the steering wheel and suffered a whiplash injury.

Now you wonder if you can sue the other driver for your injury. Can you hold them liable for your pain and suffering? Simple answer is yes. In New York you can sue the other driver and their car insurance will cover their legal fees, provide them with a lawyer and any recovery (money) you are awarded they would also cover.

WHAT IS WHIPLASH

Whiplash occurs when there is a sudden movement of the head and neck forward and thrown backward, like a whip. It is most commonly associated with rear-end collisions but can also occur while playing sports or doing anything that causes the neck to jerk back and forth. It is also called a cervical sprain or strain, which are appropriate terms. When you have whiplash, you should understand that you may not have symptoms immediately. This happens quite often. Many different symptoms can appear days or even weeks later. It is vital to see a doctor ASAP, even if you think it’s just a sprain/strain and will go away. The car insurance will pay for the doctor’s visit and any hospital visits in full.

WHAT CAUSES WHIPLASH INJURIES

In a car accident, depending on where you are hit, rapid acceleration and deceleration are caused by the impact of the two cars or the car and some obstacle. As most people happily wear seat belts, there has been an increase in reported whiplash injuries after traffic accidents most likely due to wearing a seat belt.

Seat belts will prevent the body from accelerating around the car, which is a good thing as it has been the leading cause of injury to people in traffic accidents.

However, seatbelt technology means your body is attached to the seat, so your head can move freely. Having your head free means that you can accelerate to high speed (about the same as the speed of the car).

However, since the neck’s ligaments and muscles are pretty robust, rapid deceleration will occur along with this acceleration. This is what causes whiplash injuries and soft tissue strains and sprains. Muscles, tendons, ligaments, and other tissues will be stretched, stressed, and sometimes torn during this movement, leading to injury.

ARE WHIPLASH INJURIES THAT COMMON

Although the range of severity varies from one whiplash case to another, it is not uncommon for victims to experience a lasting disruption in their daily life. Pain, suffering, medical bills, and emotional distress can be considerable. And since these damages are usually the result of someone else’s negligence, victims are often entitled to financial reimbursement.

Unfortunately, the “whiplash myth” is perpetuated partly by insurance companies. Why? They are the ones who have the legal responsibility to pay for these injuries. They hope to curtail the number of whiplash complaints by stigmatizing the damage and making victims feel foolish for taking action. Don’t fall for these tricks.

Whiplash is an actual, medically verifiable injury. The condition causes hardship to varying degrees, and these hardships usually warrant financial compensation.

WHO IS AT RISK FOR WHIPLASH?

Several people are at greater risk for whiplash. For example, pregnant women and obese people are more likely to get injured.

SYMPTOMS OF WHIPLASH

Common symptoms of whiplash include:

Neck pain (especially pain that grows worse)
Reduced range of activity in the neck (Neck stiffness)
Shoulder pain
Back pain
Headache (often starting at the base of the skull)
Dizziness
Muscle discomfort or tenderness / sore back, shoulder, and neck muscles
Prickling, tingling, or burning sensations (paresthesias)
Tingling or numbness in the arms

Less common symptoms of whiplash include:

Memory loss
Difficulty concentrating
Depression
Anxiety
Nervousness
Irritability
Sleep problems
Severe mobility problems
Vision loss or blurry vision
Ringing in the ears (tinnitus)
Stroke

Whiplash symptoms are not always immediately noticeable. In some cases, they take days or even weeks to appear. This is why it is essential to seek medical attention immediately after a car accident, fall, or any accident.

HOW IS WHIPLASH TREATED

Doctors will diagnose whiplash by performing a physical exam and, in some cases, based on an imaging test such as an X-ray or MRI. Once you have been diagnosed with whiplash, the treatment protocol will ultimately depend on the severity of the injury.

However, commonly used treatment courses include:

Rest
Apply heat or cold to the neck
Prescription or over-the-counter medications and purchase of pain relievers, anti-inflammatories, and muscle relaxants.
Exercise and physical therapy
Neck range of motion limiter through a foam collar
Acupuncture
Chiropractic care
Therapeutic massage

A doctor may suggest some or a combination of several of these treatments.

CAN YOU SUE FOR WHIPLASH INJURY IN NEW YORK

The short answer is yes. You can sue for whiplash in New York. If you have been involved in a car accident and suspect you have whiplash, it is essential to seek medical attention and speak with a personal injury attorney.

HOW DO BOTH PARTIES DETERMINE HOW MUCH THE CASE SHOULD SETTLE FOR

Resolving a personal injury claim can be extremely difficult and must consider many factors.

You and the insurance company should estimate the amount of compensation a jury might award should the case go to trial, based on factors such as:

The severity of your injury and your long-term prognosis
The cost of medical treatment needed to treat your injury;
Lost income;
Lost earning capacity;
Pain and suffering; and
Other economic and non-economic variables
The Cost of Going to Trial

Each party must also consider the cost of the trial in terms of court costs, attorney fees, time, and other expenses. Only an experienced personal injury attorney can accurately assess and account for these variables.

Your Actual Damages

The most important factor your attorney needs to consider when determining a value is the amount and nature of the damages you have suffered due to your whiplash.

There are various types of damages an injured party can claim in a typical personal injury lawsuit. All of these can be divided into two main categories:

Economic damages; and Non-economic damages.

Economic damages (also called special damages) are losses related to your injury that can be expressed in specific dollar values, such as:

Medical bills;
Lost wages/lost income;
Loss of earning capacity; and
Property damage

Non-economic damage often referred to as “general” damage, is more difficult to quantify than economic damage because there is no specific formula to calculate it. Its values are determined almost exclusively by the opinion of the jury.

Non-economic damages are things like:

Pain and suffering;
Mental anguish;
Loss of enjoyment of life;
Loss of consortium;
Scarring;
Disfigurement; and
Other related damages.

The jury cannot rely on a specific formula or calculation to assess how much compensation to award you for things like the pain and suffering you suffered from an accident.

Only the jurors’ collective opinions, personal experiences, instincts, and conclusions will assess this type of damage.

WHAT IS MY WHIPLASH INJURY WORTH AFTER A NYC CAR ACCIDENT?

As with all injuries, the value is related to severity. The more intense the damage, the more likely it will be worth it. A more severe injury is expected to cause more pain and disrupt your life.

With a mild whiplash, you may not have to miss a day of work. If your injury is more severe, which limits your ability to move, you may need to stay home for a while and seek more intensive medical care.

HOW LONG DO I HAVE TO FILE A WHIPLASH INJURY CASE?

First, it is essential to understand that New York has no-fault insurance rules. If your whiplash results from a car accident, you will need to seek benefits from your insurer, regardless of fault. If the cost of your whiplash exceeds what your insurer will pay, you may be able to seek additional compensation from the negligent party and your insurance company.

You will have limited time to take action if you find yourself in such a situation. For insurance claims, you will need to notify insurance companies as soon as possible after an accident. Then you will need to submit an official claim for benefits. How long you will need to do this depends on the insurance company. They make the rules. Generally, companies require you to file a claim within a “reasonable” time after an incident.

When you decide to take legal action, the lawsuit must be filed within three years from the date of the accident (if a car accident). However, there is always exceptions. For instance, if the car accident is with a city vehicle, or city agency vehicle (example MYA BUS) you would have to file a notice of claim in 90 days.

You will lose your right to the case and receive no compensation if you do not file your claim on time. For this reason, it is always best to make sure you contact a skilled personal injury lawyer, preferably one who only deals with injury cases.

CONCLUSION

Whiplash injuries could be from collisions such as car crashes (big or small), physical assaults, work-related accidents, or slips and falls. Each of these injury methods can lead to different problems and concerns.

If you are harmed in a car accident, you may wonder if you can sue for whiplash. The answer is yes: you can also sue for whiplash in New York and many other states.

However, it is essential to remember that pursuing any injury can be a complex process. Discussing with an experienced personal injury attorney is often a good idea to find out if you have a case.