New City, NY Whiplash Lawyer

Dedicated Whiplash Lawyers in New City and New York State

At Fellows Hymowitz Rice, our New City whiplash lawyers bring decades of experience to your personal injury case. Since our founding, we've helped countless accident victims throughout New York recover the financial compensation they deserve for whiplash injuries.

Our law firm stands apart in Rockland County and throughout New York State. With over 100 years of combined experience and a track record of successful verdicts and settlements, our team has earned recognition from Super Lawyers and maintains top Martindale-Hubbell ratings. When you need legal representation for a whiplash injury after a car crash, our whiplash injury attorneys offer personalized attention, around-the-clock availability, and unwavering dedication to your case.

We recognize that whiplash injuries can significantly impact your daily life, causing not only physical pain but also financial strain from mounting medical bills and lost wages. Our experienced personal injury lawyers in New City are committed to guiding you through the legal process with compassion and determination.

What Is Whiplash and How Does It Affect You?

Whiplash is a soft tissue injury that occurs when the head suddenly jerks forward and backward, similar to the cracking of a whip. This rapid movement commonly happens during car accidents, particularly rear-end collisions, and can strain muscles, damage tendons, and injure discs in the neck and upper back.

New York courts have consistently recognized whiplash as a “serious injury” under NY law and thus, a compensable injury. In cases like Perl v. Meher (18 N.Y.3d 208, 2011), the Court of Appeals, NY’s highest appellate court, acknowledged that soft tissue injuries like whiplash can meet the "serious injury" threshold under New York Insurance Law § 5102(d), even when not immediately visible on diagnostic tests.

Common Symptoms of Whiplash

• Neck pain and stiffness
• Headaches, typically starting at the base of the skull
• Limited range of motion in the neck
• Pain or tenderness in the shoulders, upper back, or arms
• Tingling or numbness in the arms
• Fatigue or dizziness
• Blurred vision
• Ringing in the ears (tinnitus)
• Sleep disturbances
• Memory problems or difficulty concentrating

In some cases, whiplash can lead to more severe conditions, including:

• Chronic pain syndromes
• Cervical disc herniation
• Temporomandibular joint dysfunction (TMJ)
• Traumatic brain injury from the same impact

What makes whiplash particularly challenging is that symptoms may not appear immediately after an accident. They often develop within 24 hours, but sometimes can take days or even weeks to manifest fully. This delayed onset can complicate diagnosis and treatment if you don't seek medical attention promptly after a motor vehicle accident.

Leading Causes of Whiplash Injuries

While motor vehicle crashes are the most common cause of whiplash injuries, several other incidents can result in this painful condition. Awareness of these potential causes can help you recognize when to seek medical and legal help.

Common Causes of Whiplash

1. Auto accidents: Particularly rear-end car accidents, where the impact forces the head to snap forward and backward suddenly.
2. Sports injuries: Contact sports like football, boxing, or hockey can result in whiplash when a player experiences a sudden impact.
3. Physical assault: Being punched, shaken, or experiencing other forms of physical trauma can cause the neck to move violently.
4. Amusement park rides: Roller coasters and other high-velocity rides may cause neck strain similar to whiplash.
5. Slip and fall accidents: A sudden fall can jolt the head and neck, resulting in whiplash symptoms.
6. Bicycle accidents: Collisions or falls from bicycles may lead to whiplash injuries.
7. Workplace accidents: Various on-the-job incidents can cause sudden neck movement, particularly in construction or industrial settings.

The severity of whiplash often correlates with the force of impact. However, even seemingly minor collisions at speeds as low as 5-10 mph can cause significant whiplash injuries, depending on factors like vehicle size, headrest position, and your body's positioning at the time of impact.

Securing Compensation for Your Whiplash Injury

Pursuing compensation for a whiplash injury requires a thorough approach to document your damages and demonstrate liability. New York's no-fault insurance system adds complexity to these claims, making legal guidance from qualified personal injury attorneys crucial.

Types of Compensation Available

Following a whiplash injury, you may qualify for several forms of compensation:

• Medical expenses: Coverage for doctor visits, diagnostic tests, medications, physical therapy, and other treatment costs.
• Lost wages: Reimbursement for income lost due to inability to work during recovery.
• Pain and suffering: Compensation for physical discomfort and emotional distress resulting from your injury.
• Diminished quality of life: Damages for inability to enjoy daily activities or hobbies.
• Future medical costs: Estimated expenses for the ongoing treatment your whiplash injury may require.

New York's No-Fault Insurance System

In New York, auto accident victims typically first file claims through their own insurance company under the state's no-fault insurance laws. This coverage covers medical expenses and some lost wages, regardless of who caused the accident.

However, to recover compensation for pain and suffering or to pursue a claim against the responsible party, your injury must qualify as "serious" under New York law. Whiplash injuries can meet this threshold if they result in:

• Significant limitation of the use of a body function or system.
• Permanent limitation of the use of a body organ or member.
• A non-permanent injury that prevents you from performing your usual daily activities for at least 90 days within the 180 days following the accident.

Time Limits for Filing a Whiplash Injury Claim

New York law imposes strict deadlines for personal injury claims:

• No-fault benefits: You must file an application for no-fault benefits with your insurance company within 30 days of your accident.
• Personal injury lawsuit: The statute of limitations (SOL) for personal injury lawsuits in New York is generally three years from the date of the accident. For minors, the SOL is three years after their 18th birthday.
• Claims against government entities: If your accident involved a government vehicle or occurred on government property, you must file a Notice of Claim within 90 days and follow with a lawsuit within one year and 90 days.
• Wrongful death: The SOL deadline for wrongful death caused by a crash is two years from the date of the death.

Missing these deadlines can result in losing your right to compensation, regardless of how strong your case might be.

Proving Your Whiplash Injury Case

Proving a whiplash injury case presents unique challenges since these injuries primarily affect soft tissues and may not appear on standard imaging tests. A strategic approach to evidence gathering strengthens your claim significantly.

Key Elements to Establish in Your Whiplash Claim

• Medical documentation: Seek treatment immediately after your accident, follow all treatment plans, and maintain complete medical records that connect your symptoms to the accident.
• Accident reports: Police reports, workplace incident reports, or other official documentation of the accident provide crucial objective evidence of how the injury occurred.
• Witness testimony: Statements from people who saw the accident happen or can attest to how your injuries have affected your daily life add credibility to your claim.
• Expert opinions: Medical professionals can provide testimony about the nature, extent, and long-term implications of your whiplash injury.
• Photographic evidence: Images of the accident scene, vehicle damage, and visible injuries help illustrate the circumstances and severity of the impact.
• Documentation of damages: Keep detailed records of all medical bills, prescription costs, therapy expenses, and proof of lost wages to quantify your financial losses.
• Personal injury journal: Daily notes about your pain levels, limitations, and how the injury affects your life create a timeline of your recovery journey.

Insurance companies often downplay whiplash claims, characterizing them as minor or exaggerated. Having thorough evidence counters these tactics and supports your right to fair compensation.