Whiplash is a common form of injury in car accidents that leads to severe pain. But unless the problem is identified specifically as whiplash and treated as such, it is likely to cause long-term damage to the injured person’s health. Proving that you have suffered a whiplash injury is not very easy and this makes many New York City car accident victims feel apprehensive about their chances of receiving compensation. However, with the help of a dedicated whiplash attorney in New York, accident victims can recover damages to help them cope with the lingering effects of their injury.
Whiplash is a common form of injury in car accidents that leads to severe pain. But unless the problem is identified specifically as whiplash and treated as such, it is likely to cause long-term damage to the injured person’s health. Proving that you have suffered a whiplash injury is not very easy and this makes many New York City car accident victims feel apprehensive about their chances of receiving compensation. However, with the help of a dedicated whiplash attorney in New York, accident victims can recover damages to help them cope with the lingering effects of their injury.
What is Whiplash Injury?
Whiplash is a form of injury of the soft tissues in the neck and shoulder region, caused due to a sudden jolt. When someone is in a car crash, their body does not move much because it is held in place by the seatbelt. However, the neck and head have no such restraint, and they continue to move forward. Such a movement of the neck and head while the body is still leads to a sprain or tear of the tendons or muscles or ligaments in the shoulder and neck region. The severity of the pain and damage depends primarily on the force of the impact and the speed at which the vehicles involved in the crash were moving. Generally speaking, whiplash injuries are far more common in rear-end crashes as compared to other types of car accidents in New York.
How to Identify if Your Pain is From a Whiplash Injury in New York?
A car crash is a sudden shock and during this time of crisis, the brain releases a huge amount of adrenaline and cortisol, sensing the danger. These hormones tend to mask any pain that may be present immediately after the accident and if there are no outward signs of injury, it can be difficult to recognize if you have suffered a whiplash injury. However, there are a few telltale signs and symptoms that you must watch out for even if you feel fine soon after an accident. These may include:
- Pain in the neck, shoulder and back
- Vision disturbances
- Ringing in the ears
- Soreness or pain in the jaw
- Dizziness
- Nausea or vomiting
Most accident victims who suffer whiplash injury recover within a few days or a few weeks. With that said, some of them go on to suffer the after-effects of such damage for months and years after the accident. The elderly and persons who already suffer from neck or low back pain are more likely to suffer long-term damage when they sustain a whiplash injury. When you seek medical attention immediately after an accident, the doctors can use diagnostic methods such as a CT scan or an MRI to find out the extent of damage. This can prove crucial to how successful you are in recovering damages when you later file a whiplash injury claim.
Is it Difficult to Recover Damages in a New York Whiplash Injury Claim?
Insurance companies use a standard ploy to avoid paying damages to whiplash injury victims. They claim that whiplash is a minor injury that does not require extensive treatment, thus discrediting the medical expenses you claim. Or they try to prove that the pain you say you have suffered is not because of the accident but due to a previously existing condition, or from some other cause. When you try to handle a whiplash injury claim on your own, it can be difficult to recover damages because the insurance adjuster will do their very best to write off your injury as a nuisance claim. But with a seasoned New York City whiplash injury attorney on your side, you could stand to gain the compensation that you actually deserve.
What Factors Determine Compensation in Whiplash Injury Claims in New York?
Several aspects of your case become relevant in determining the compensation you can expect in a whiplash injury claim. The most crucial of these include the following:
- Whether you are able to prove that the other driver was at fault for the injury you suffered.
- The nature of your injury and whether you have suffered or are likely to suffer long-term complications due to it.
- The amount of money you actually spent on your medical treatment following the whiplash injury, including the expense you are reasonably likely to incur in the days to come.
- Whether you have a pre-existing health condition to which the pain and discomfort you suffered may be attributed. If yes, it could decrease the value of your whiplash injury compensation.
- The quantum of financial loss you suffered by missing work due to your injury. The higher your earning, and the longer you are deprived from working, the greater is the compensation that you may be able to recover.
- The impact of the whiplash injury on the quality of your life. Has the injury limited your movement, or prevented you from being able to perform routine tasks of daily living.
Sometimes, people may suffer from emotional distress after their whiplash injury, and this can lead to anxiety, depression, or disinterest, which ultimately affects their ability to provide for their family. A compassionate car accident attorney in New York will be able to present your case in its entirety, so that you stand a good chance of recovering maximum compensation from your whiplash injury claim.
How to Recover Whiplash Injury Compensation in New York?
Here are a few steps that you must take soon after your accident to ensure that you are able to recover damages for your whiplash injury.
Get medical attention
Have yourself examined by a doctor at the earliest after your accident. This will ensure that you get timely treatment and avoid aggravating your injuries. More importantly, the medical records will serve as vital evidence of the seriousness or nature or extent of your whiplash injury. If you allow a lot of time to elapse between the accident and seeking medical advice, the insurance company is likely to use this fact to discredit your claim, by trying to insinuate that it was not the accident, but some other incident that led to your injury.
Consult with qualified medical experts
When you first get to the hospital after your accident, you are likely to receive medical attention from the emergency room doctors. Some people may later consult their family physicians or seek expert advice from an orthopedic doctor. In cases where there is a risk of some nerve injury, the accident victim may need to see a neurologist. Make sure that you consult with the most qualified medical experts who can correctly assess your injury and provide you the right treatment. Even if you have strong belief in alternative systems of medicine such as perhaps chiropractic care, it is quite possible that the insurance company may raise objections and refuse to pay for your chiropractic treatments.
Collect evidence from the accident site
Use your cell phone to take photographs of your injuries, and the condition of your vehicle after the accident. Capture videos too of the scene so that you have evidence to prove your account of the crash. If you find witnesses to the incident, get their name and contact details so that you can get in touch with them later if necessary. Soon after you get home, write down the events as you remember them and keep this document safe. In the weeks and months to come, your memory of the smaller details may fade and this record will come in handy to explain the event to the insurance adjusters.
Keep medical records
When you raise a whiplash injury claim, there is every likelihood of it being treated as a minor injury. If you do not have medical data and records to prove the nature and extent of your injury, your claim may fail to fetch you any compensation. Right from the hospital admission form, to the diagnostic test results and medical bills for doctor consultations and prescription medicine bills, make sure you keep all medical records diligently filed and organized.
Seek Help from Skilled Whiplash Injury Attorneys in NYC
As with any other personal injury claim, time is of essence in filing a whiplash injury claim. Do not wait for too long to decide how to go about this process. If you exceed the statute of limitations or the deadline for filing a claim, you will not be able to recover anything no matter how genuine your injury. The simplest and most effective way of ensuring you get the compensation you deserve is to get help from the best whiplash injury lawyers in New York who can ensure that your claim succeeds in winning you the maximum possible amount in damages. Our experienced personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP have helped thousands of whiplash injury victims recover damages for their loss. Get in touch with us today at 212-344-1000 or contact us online.
