New York Whip Lash Car Accidents Lawyer

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Should I Get A personal injury Lawyer if i get in a Whip Lash car accident

Car accidents happen frequently on New York State roads.  Current data from the Department of Transportation reveals that an accident occurs approximately every minute. While most accidents are minor, some result in severe injuries. 

One of the most common injuries sustained in car accidents is whiplash, which affects the neck and back and can range from mild to severe.

Causes of Whiplash
Whiplash occurs when the head is suddenly jerked forward and backward due to a strong impact. Auto accidents, especially rear-end collisions, are a common cause of whiplash. The higher the speed of the vehicles, the greater the risk of whiplash. 
Fortunately, wearing a seatbelt can prevent more severe injuries such as being thrown through the windshield. However, whiplash can be challenging to treat as symptoms may not appear immediately and can worsen over time.
If you’ve suffered whiplash due to a car accident in New York, contact a car accident lawyer at  (212) 463-8888 for a free legal consultation.
 
Diagnosis and Treatment of Whiplash
 
Whiplash symptoms may include neck pain, headaches, stiffness in the neck and upper back and limited mobility of the head. Some individuals may also experience sleep disturbances, memory problems, depression, blurred vision and irritability. 
Whiplash is typically classified as a sprain or strain and tends to improve with time. However, complications can arise leading to severe neck pain, chronic headaches and radiating pain to the arms, especially in individuals with a history of whiplash or previous back injuries. A doctor will examine the injury and may order diagnostic tests such as CT scans, MRIs or X-rays to assess and diagnose the condition. 
Treatment for whiplash often involves a combination of pain management strategies. Further, rest is crucial immediately after the injury, followed by applying heat or cold to alleviate pain. Pain relievers or muscle relaxants may be prescribed to reduce pain and improve mobility. Physical therapy and exercise help strengthen muscles and restore movement. In some cases, limiting movement and wearing a foam collar may be necessary to immobilize the neck.
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Duration and Factors Affecting Whiplash

In most cases, whiplash symptoms subside within a few days. However, certain factors can contribute to a more prolonged and severe form of whiplash. For example, if you have a desk job or have a sedentary lifestyle, the effects of whiplash become exacerbated. Moreover, if the pain is severe immediately after the accident, or it emerges in the hours following the incident, the likelihood of a longer-lasting whiplash increases. If you’ve suffered from whiplash due to a car accident, it is essential to seek legal assistance from an experienced car accident lawyer. They can help you understand your rights, evaluate your case and pursue the compensation you deserve.

When evaluating your damages, your personal injury attorney will consider the following factors to determine a fair settlement:

01

Financial Losses

This includes medical bills, property damage, and lost wages. Your attorney will gather evidence such as receipts, bills, repair estimates, and expert testimonies to assess your current and future expenses resulting from the accident.

02

Personal Losses

These encompass physical pain, emotional suffering, and mental distress. While it is challenging to assign a precise monetary value to personal losses (also known as non-economic damages), they are just as significant as financial losses.

03

Punitive Damages

It’s important to note that punitive damages can only be ordered by the court and are relatively rare. Your attorney will inform you if your case may qualify for punitive damages.

Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.

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Whiplash Symptoms Can Mask Other Injuries

If you’ve been involved in a car accident and are experiencing symptoms of whiplash, it’s crucial to undergo a medical evaluation. 

Whiplash can have delayed symptoms, and spinal or brain injuries may not be immediately noticeable as the rush of adrenaline can mask related symptoms for several days. Therefore, it’s advisable to seek some form of medical evaluation, either at the emergency room or with your doctor within two to three days of the accident. It’s important to remember that a brain injury can occur even if you didn’t hit your head, as the motion causing whiplash can also result in a traumatic brain injury (TBI).

ADDITIONAL LOCATION

Understanding the Long-Term Effects of Whiplash

Whiplash is an inflammatory response of the body to a neck injury, also known as cervical acceleration-deceleration (CAD). Short-term responses to whiplash may include neck pain, shoulder pain, back pain, tingling sensations, headaches and reduced range of motion. 

While most people experience some degree of these symptoms, individuals with more pronounced symptoms are more likely to develop chronic whiplash or experience long-term effects. 

These long-term effects can involve persistent pain as well as cognitive symptoms such as chronic stiffness in the neck, dizziness, tinnitus, chronic headaches, jaw pain, blurry vision, numbness in the arms and hands, memory problems, difficulty sleeping, difficulty concentrating, and personality changes. Managing such injuries requires ongoing medical care, impacting various aspects of daily life.

The Benefits of Whiplash Treatment
 
Although whiplash is a common injury that typically heals on its own, seeking treatment is essential. Even if you are generally healthy without pre-existing neck or back issues, consulting with a doctor or chiropractor is recommended. 
Treatment options may include rest, over-the-counter pain relievers (NSAIDs) and heat or ice therapy. In cases of severe pain, prescription medications or muscle relaxants may be prescribed, but these are usually considered when over-the-counter therapies are ineffective. Chiropractic care can also aid in faster recovery through spinal alignments, exercises and stretches to alleviate symptoms and manage inflammation.
 
Is Long-Term Whiplash Grounds for a Personal Injury Claim?
Victims of car accidents involving whiplash injuries often pursue personal injury claims, and they can succeed. However, it’s crucial to consult a car accident lawyer to determine the viability of your case. 
To file a personal injury lawsuit, you must prove that your injury resulted from someone else’s negligence according to tort law’s liability definition. If liability can be established, you have the option to settle the case out of court or proceed with a trial. In cases of negligence, many parties and insurance companies prefer out-of-court settlements.
 
Determining the Value of a Whiplash Case
The value of a whiplash settlement varies based on the severity of the case. A typical whiplash case may settle for amounts ranging from $5,00 to $15,000. However, if the whiplash includes nerve damage or other long-term complications, the compensation sought can reach five or six figures.
 
Maintain a Record of Treatment for Your Claim
When pursuing a lawsuit for a car accident, the medical records become a crucial factor. It’s essential to seek medical attention promptly and document the diagnosis, injury evidence (such as x-rays or CT scans) and adherence to a treatment plan. Delaying medical attention or failing to have any record of the injury can weaken your case. 
Defendants may argue that your injury wasn’t severe enough for immediate medical attention or that it originated from another source making it challenging to secure compensation, even if they are liable.

 

 

Frequently Asked Questions

What to Do After Sustaining a Traffic Accident Injury

If you’ve suffered from whiplash or another injury due to a traffic accident, the negligent driver should be held responsible for your medical bills and other damages. You may be entitled to compensation for lost wages, pain and suffering and all current and future medical expenses. Seeking immediate medical attention is crucial, as neck or back pain may not be immediately apparent but can worsen within the next 24 to 48 hours. 

Contact an experienced personal injury attorney in New to assist you in obtaining the compensation you deserve. Reach out to our legal team at Gabriel Legal Injury Lawyers today for a free consultation regarding your case.

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Determining Liability in an New York Personal Injury Claim

Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.

It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.

By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.

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The sooner you contact a personal injury attorney in New York City after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that New York does not fall into this category.

It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that New York follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.

Overview of the Personal Injury Lawsuit Process

It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:

01

Initial Consultation

This is an opportunity for you to share your account of the incident and ask questions about the case. The attorney will evaluate the viability of your case and provide appropriate advice before entering a fee agreement.

02

Case Investigation

Your attorney will conduct a comprehensive investigation, including interviews with you and witnesses, review of your background and medical records, to gather necessary information and determine the best course of action for your case.

03

Filing Court Documents

Your lawyer will file a personal injury complaint, which serves as the initial document of the case. The complaint outlines the nature of the incident and the injuries sustained, and must be properly served to the defendant along with related documents.

04

The Discovery Process

This involves the exchange of evidence between the involved parties. Interrogations, document requests, sworn statements, and depositions may be part of the process. Your attorney may also co

05

Pre-Trial Litigation and Motions

After reaching maximum medical improvement (MMI), your lawyer will demand compensation based on the full extent of your damages. Negotiations with the at-fault party’s insurers will take place to seek a fair settlement.

06

Trial

If an out-of-court agreement cannot be reached, the case will proceed to trial. The jury will determine the defendant’s liability, and if the verdict favors the plaintiff, the defendant will be obligated to compensate for the identified damages.

Arrange Your Free Consultation in New York

Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.

Let’s talk

Contact us today for a free consultation and let us assist you in moving forward after this challenging time.

Call us on (212) 463-8888

New York Whip Lash Car Accidents Lawyer

4.8 Stars
4.8/5
161
Reviews

REQUEST A FREE CONSULTATION

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