If you’ve recently been in a car crash and are dealing with the painful effects of whiplash, we understand that this is an incredibly stressful time for you. The confusion, worry, and physical discomfort that accompany an injury like whiplash can be overwhelming. It’s natural to wonder if you have a claim for compensation to help with your recovery and expenses. Rest assured, you are not alone in this process, and we are here to guide you through it. At Andrews, Bernstein & Maranto, PLLC, we know how hard it can be to navigate these kinds of cases, and we’re here to help you understand your options and rights.
Whiplash, while often thought of as a minor injury, can have lasting effects that disrupt your daily life. It’s important to know that you have the right to pursue compensation if you’ve suffered from whiplash as a result of a car accident in New York. But the road to securing compensation can be difficult without the right support. Below, we will explain the key factors involved in making a claim for whiplash after a car crash and how you can take the necessary steps to protect your rights.
What Is Whiplash?
Whiplash is a neck injury that typically occurs when your head is suddenly and forcefully jolted forward and backward, which is a common outcome in car accidents. The force of the collision can strain and damage the muscles, tendons, and ligaments in your neck and upper back. While some people may recover from whiplash in a few weeks, others experience ongoing pain and complications that can last for months or even years.
This injury can affect your ability to work, participate in daily activities, and even affect your emotional well-being. Symptoms of whiplash can include neck pain, stiffness, headaches, dizziness, and in more severe cases, numbness or tingling in your arms. If you are experiencing any of these symptoms after a car crash, it’s important to seek medical attention right away. Documenting your injuries with medical records will play a key role in your ability to file a successful compensation claim.
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Andrews
Partner
Robert
Maranto
Partner
Tom
Kotrys
Partner
Anthony
Iacono
Attorney
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Maranto, III
Attorney
How Do You Know If You Have a Whiplash Claim?
If you’ve been injured in a car crash in New York and suffered whiplash, you may be entitled to compensation for your injuries. However, there are several factors to consider in determining if you have a valid claim.
First, you must prove that the car crash was not your fault. In New York, the law requires that the person responsible for causing the accident can be held accountable for the injuries that result. If the other driver was at fault, whether due to speeding, reckless driving, or failure to obey traffic laws, you may be eligible to claim compensation for your whiplash injury. Additionally, even if you are partially at fault for the crash, New York’s comparative fault laws may still allow you to recover damages, but your compensation may be reduced based on your percentage of fault.
Second, you will need to demonstrate that the whiplash injury is the result of the accident. In some cases, insurance companies may argue that the injury was pre-existing or not caused by the crash. To avoid this, it’s important to seek immediate medical attention and keep all documentation of your injuries, including medical reports, treatment plans, and physical therapy records. A clear and consistent medical history will strengthen your case when pursuing compensation for whiplash.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”
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What Types of Compensation Can You Claim for Whiplash?
If your claim for whiplash is successful, you may be entitled to various forms of compensation to cover the costs of your injury and losses. The compensation available can vary depending on the severity of your injuries and the impact on your life.
Medical expenses are often one of the most important components of a whiplash claim. This can include the cost of emergency room visits, doctor’s appointments, physical therapy, medication, and any necessary surgeries or treatments. If you need ongoing medical care, your compensation should cover those future expenses as well.
Lost wages can also be claimed if your injury prevents you from working. Whiplash can make it difficult or even impossible to perform your job, especially if it involves physical labor or prolonged sitting. If you’ve missed work due to your injury, you can seek compensation for those lost earnings. Additionally, if you expect that your injury will affect your ability to work in the future, you may be entitled to compensation for lost earning capacity.
Pain and suffering are other forms of compensation that may be available. Whiplash can cause significant physical pain and emotional distress, and the law recognizes the impact this can have on your quality of life. Compensation for pain and suffering is subjective and can vary depending on the severity and duration of your injuries.
In some cases, you may also be eligible for compensation for emotional distress, loss of enjoyment of life, or other non-economic damages. Your attorney can help you assess the full extent of your damages and ensure that all aspects of your suffering are accounted for in your claim.
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How to Prove Whiplash in a New York Car Crash
When pursuing a whiplash claim after a car crash, it is essential to gather as much evidence as possible to support your case. The more documentation and proof you have, the stronger your claim will be.
First and foremost, obtaining medical records is critical. After the accident, you should immediately seek medical attention, even if your symptoms seem mild at first. Some whiplash symptoms, such as neck stiffness or headaches, may not appear until hours or even days after the accident. By seeing a doctor right away, you create an official record that links your injury to the car crash.
In addition to medical records, gathering evidence from the scene of the accident is essential. This can include photographs of the accident site, your vehicle’s damage, and any visible injuries you sustained. Witness statements can also provide valuable testimony about the crash and the events leading up to it. If the other driver was at fault, you should obtain their contact information and insurance details as well.
Another important piece of evidence is your own testimony. Keeping a detailed journal of your symptoms, treatment, and the effect your injury has had on your daily life can help provide a personal account of the impact of the injury. This will be helpful when negotiating a settlement or presenting your case in court.
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Why You Need a Lawyer for Your Whiplash Claim
While it may be tempting to handle a whiplash claim on your own, the process can be complicated, and insurance companies may attempt to minimize your compensation. Having a skilled attorney by your side will ensure that your rights are protected and that you receive the compensation you deserve.
An attorney can help you navigate the legal process, from filing your claim to negotiating with the insurance company. They will be able to assess the full value of your claim, including both economic and non-economic damages, and advocate for your best interests.
At Andrews, Bernstein & Maranto, PLLC, we understand the challenges you’re facing and are here to help you every step of the way. We will work tirelessly to build a strong case on your behalf, ensuring that you receive the compensation you need to recover and move forward with your life.
Get the Help You Deserve
If you or a loved one has suffered whiplash in a car accident in New York, don’t face this challenge alone. You deserve to have a trusted advocate on your side, someone who will fight for your rights and ensure that you are fully compensated for your injuries. At Andrews, Bernstein & Maranto, PLLC, we are committed to helping you get the best possible outcome for your case. Contact us today to schedule a consultation and take the first step towards securing the compensation you deserve.