Whiplash is a common car accident injury that many people mistakenly brush off as minor: yet the pain, stiffness, and lasting effects can have a significant impact on your life. Can you get compensation for this seemingly “invisible” injury? The answer is yes, but you’ll need the help of a skilled personal injury lawyer in Queens, NY.
Ask a Queens, NY Personal Injury Lawyer: Can I Claim Compensation for Whiplash in NY?
New York’s No-Fault Insurance System
First, it’s important to know that New York is a no-fault insurance state. This means you would primarily turn to your own insurance for initial medical costs, regardless of who caused the accident. To pursue compensation for pain and suffering caused by whiplash against the other driver, you must show that you have suffered a “serious injury” as defined under New York law.
Proving a “Serious Injury” for Whiplash
Whiplash can fall into the “serious injury” category, but it depends on several factors. These include the severity of your symptoms, whether they have caused a significant disruption or limitation to your life, and the duration of your impairment.
Comprehensive medical records that document your pain, treatment, and how whiplash continues to impact you will be essential when making a claim, and it’s always best to seek medical treatment as soon as possible after an accident to establish a clear trail of medical records that can be used to prove your case.
How Much Compensation Can You Expect?
There isn’t a one-size-fits-all answer when it comes to how much your whiplash case is worth. The compensation you are entitled to will depend on the severity of your injury, the cost of your medical treatment, whether you’ve suffered any lost income due to inability to work, and how much your life has been affected in other ways. An experienced attorney knows how to assess all these factors and calculate a settlement demand that will get you fair compensation.
Insurance Companies Don’t Play Fair
Don’t expect insurance companies to readily acknowledge the seriousness of your whiplash or offer a fair settlement. Whiplash is often dismissed as a “minor injury” that heals on its own quickly. There is even a sort of cultural trope that those who claim whiplash injuries are either faking it or just opportunists trying to make money.
Insurance companies often take full advantage of this trope and refuse to acknowledge modern medical evidence showing how devastating whiplash can really be. They may try to dismiss your symptoms or claim that your injuries weren’t caused by the accident. That’s why it’s crucial to have a skilled personal injury attorney by your side who will fight for your rights.
Get the Help You Deserve
If you’ve suffered whiplash in an accident, don’t let insurance companies minimize your pain or brush you off. Contact a qualified New York personal injury lawyer at Surdez & Perez P.C. in Queens, Manhattan, and throughout the five boroughs for a free consultation and to understand your rights and get the compensation you deserve.
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