Whiplash Injuries from Car Accidents in New York
Car accidents have the potential to cause a wide range of serious injuries, among which whiplash is a common occurrence. Whiplash injuries can lead to significant pain and often require extensive medical treatment. These injuries can greatly impact the victims' daily activities and ability to work. As result, the victim and their family can face emotional and financial distress. However, when whiplash injuries result from car accidents caused by the negligence of another person, the law provides avenues for the victims to seek compensation. If you or a loved one have experienced whiplash in a car accident, it is crucial to immediately reach out to an experienced New York car accident lawyer. At Stephen Bilkis & Associates, we possess the expertise and knowledge necessary to ensure your rights are protected and to assist you in navigating the legal process effectively.What Is Whiplash?
Whiplash is a type of neck injury that occurs when the head and neck undergo a sudden and forceful back-and-forth motion. It is commonly associated with motor vehicle accidents, particularly rear-end collisions, but can also result from other types of accidents or incidents involving abrupt head movement.
When a whiplash injury occurs, the neck's ligaments, tendons, and muscles are stretched beyond their normal range of motion, causing damage and trauma. The sudden acceleration and deceleration of the head can lead to various symptoms and complications.
The most common symptoms of whiplash include neck pain, stiffness, and limited range of motion. Headaches, dizziness, fatigue, and tingling or numbness in the arms may also occur. In some cases, individuals may experience cognitive difficulties, such as memory problems or difficulty concentrating.
The severity of whiplash can vary from mild cases that resolve within a few weeks to more severe and long-lasting conditions. Chronic whiplash can result in persistent pain, reduced mobility, and impact an individual's daily activities and quality of life.Types of Accidents That Can Lead to Whiplash
Rear-end collisions are the primary cause of whiplash, as the impact from behind can abruptly jerk the head and neck. However, whiplash can also occur in other types of motor vehicle accidents, such as side-impact or frontal collisions. While car accidents are indeed the most common cause of whiplash, there are various types of accidents that can lead to this type of neck injury. Whiplash can occur in any situation where there is a sudden and forceful back-and-forth motion of the head and neck.
Contact sports like football, rugby, or hockey can expose athletes to whiplash injuries. Tackles, collisions, or impacts during these sports can lead to rapid head movement, causing strain on the neck and resulting in whiplash. Falling and landing on the head or abruptly jerking the head during a slip and fall incident can also cause whiplash. For example, if someone slips on a wet floor and their head snaps back upon impact, it can lead to whiplash injuries. Acts of violence or physical altercations where the head is forcefully moved back and forth can result in whiplash. This can occur during incidents such as punches, blows, or being forcefully shaken.
It's important to note that whiplash injuries can arise from unexpected incidents, and individuals who experience neck pain or discomfort after any sudden head movement should seek medical attention, regardless of the type of accident they were involved in.Filing a Personal Injury Claim
If you've suffered a whiplash injury in New York due to someone else's negligence, you may be entitled to file a personal injury claim. To do so, it is crucial to gather evidence of the accident, including photographs, medical records, and eyewitness testimonies. It is also crucial to contact an experienced New York car accident lawyer.
When determining compensation for whiplash injury claims in New York, several factors come into play. While each case is unique, the following factors are commonly considered:
- Severity of Injury: The extent and severity of the whiplash injury play a significant role in determining compensation. This includes factors such as the duration of pain and suffering, the impact on daily activities, and the need for ongoing medical treatment or therapy.
- Medical Expenses: The medical expenses incurred as a result of the whiplash injury are considered when calculating compensation. This includes costs related to emergency room visits, diagnostic tests, doctor consultations, medication, rehabilitation, and any future medical treatment that may be required.
- Lost Wages: Compensation may be awarded for any lost wages or income resulting from the whiplash injury. This includes both past and future income that was or will be missed due to the injury, including time off work for medical appointments or recovery.
- Impact on Daily Life: The impact of the whiplash injury on the victim's daily life is taken into account. This includes the limitations or restrictions imposed on their ability to perform daily activities, hobbies, or job-related tasks.
- Pain and Suffering: Compensation is often awarded for the physical pain and emotional suffering endured as a result of the whiplash injury. This includes the immediate pain and discomfort experienced after the accident, as well as any long-term effects on the victim's quality of life.
- Rehabilitation and Therapy: Whiplash injuries may require ongoing rehabilitation and therapy. The cost of these treatments, including physical therapy, chiropractic care, or psychological counseling, can be factored into the compensation calculation.
- Comparative Negligence: New York follows a comparative negligence system, which means compensation can be influenced by the degree of fault assigned to each party involved in the accident. If the injured party is found partially responsible for the accident, their compensation may be reduced accordingly.
Consulting an experienced car accident attorney in New York can greatly enhance your chances of a successful claim. The attorney will guide you through the legal process, helping you understand your rights, negotiating with insurance companies, and representing your interests in court, if necessary. They will strive to obtain the maximum compensation for medical expenses, pain and suffering, lost wages, and any other damages resulting from the accident.Contact Stephen Bilkis & Associates
Whiplash injuries can have a significant impact on the lives of victims, causing pain, discomfort, and financial burdens. If you've suffered a whiplash injury in New York, it is essential to seek legal assistance to protect your rights and pursue fair compensation. Contacting an experienced car accident attorney serving New York w is crucial. They will possess the knowledge, skills, and resources necessary to navigate the complexities of personal injury law and fight for your best interests. By filing a claim, you can seek the compensation you deserve for medical expenses, lost wages, pain and suffering, and other damages resulting from the accident. Remember, time limits apply to filing personal injury claims, so it's important to act promptly. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.