Whiplash injuries can happen quickly, often during a car accident or fall. These injuries can lead to serious pain and lasting effects. If you’ve suffered a whiplash injury in Queens, you deserve a fair settlement for your recovery.
Davidoff Law Personal Injury Lawyers helps you understand your legal rights after a whiplash injury. We have competent personal injury attorneys who will fight for your compensation. Whether you are facing medical expenses, lost wages, or long-term care, we will make sure you get the compensation you deserve. If you have been injured, contact us for a free consultation.
Table of Contents
What Is Whiplash?
Whiplash is an injury to the neck caused by a sudden jerking motion. It often happens during car accidents, especially rear-end crashes. The force of the impact causes the neck to move quickly forward and then backward, which can strain or damage muscles, ligaments, and nerves in the neck.
The symptoms of whiplash can range from mild to severe. Some people experience pain immediately after the accident, while others may not feel pain until hours or days later. While whiplash is often considered a soft tissue injury, it can lead to long-term problems if not treated properly.
It’s important to seek medical attention right away if you suspect you have whiplash. With the right care, most people recover fully, but severe cases can require ongoing treatment and therapy.
Symptoms of Whiplash
- Neck pain: The most common symptom of whiplash is neck pain. It may be mild or severe, depending on the injury.
- Stiffness: After a whiplash injury, you may feel stiffness in your neck, making it hard to move.
- Headaches: Whiplash can cause headaches, especially at the base of the skull.
- Dizziness: Some people feel dizzy or lightheaded after a whiplash injury.
- Fatigue: Feeling unusually tired or fatigued is a common symptom after whiplash.
- Pain in the shoulders or upper back: Whiplash can cause pain or tenderness in the shoulders, upper back, or arms.
- Blurred vision: In some cases, whiplash can lead to blurry vision or difficulty focusing.
- Sleep problems: Whiplash may make it harder to sleep due to pain and discomfort.
If you notice any of these symptoms after an accident, be sure to seek medical attention. A personal injury lawyer can help you document these symptoms and fight for the compensation you deserve.
Long-Term Effects of Whiplash
Whiplash injuries can have long-term effects, especially if they are not treated properly. In some cases, the pain can last for months or even years. Chronic neck pain, stiffness, and headaches are common long-term symptoms. Some people may also endure ongoing issues with their shoulders, arms, and upper back.
In severe cases, whiplash can lead to permanent damage to the neck's muscles, ligaments, or nerves. This can affect your ability to work, exercise, or perform everyday tasks. In rare cases, it can cause nerve damage that leads to weakness or numbness in the arms or hands.
Early treatment is key to preventing long-term issues. Physical therapy, pain management, and other treatments can help reduce symptoms and improve recovery. If you have lasting effects from whiplash, a Queens personal injury lawyer can help you pursue fair compensation for medical treatment, lost wages, and pain and suffering.
Common Causes of Whiplash Injuries
A variety of accidents can cause whiplash injuries. While car accidents are the most common cause, whiplash can also happen in slip and fall accidents, sports, or workplace incidents.
Some of the common causes of whiplash injuries are:
Car Accidents (Most Common Cause)
The most common cause of whiplash is a car accident, particularly rear-end collisions. When one car crashes into the back of another, the impact can cause the victim’s head to jerk forward and then backward. This sudden movement strains the muscles and ligaments in the neck, causing pain and injury. Whiplash can also occur in side-impact or rollover accidents, though it is most often associated with rear-end crashes.
If you’ve been involved in a car accident and suffered whiplash, make sure to see a doctor immediately. A personal injury lawyer can help you file a car accident claim to get compensation for your injuries, medical bills, and lost wages.
Slip and Fall Accidents
Whiplash can also occur in slip-and-fall accidents. When you fall suddenly, your body is jerked, and your head and neck may move violently. This quick motion can strain the muscles and ligaments in your neck, causing whiplash. Slip and fall accidents can happen in places like stores, sidewalks, or even at home.
If you slip and fall and feel neck pain or stiffness afterward, it’s best to seek medical attention. Your personal injury lawyer can help you determine whether the property owner is responsible for the accident due to unsafe conditions and ensure you receive compensation for your injuries, medical treatment, and lost wages.
Sports Injuries
Whiplash can also be caused by sports injuries, especially in contact sports like football, hockey, or soccer. These sports often involve quick, sudden movements or collisions that can forcefully jerk the head and neck. Even non-contact sports like skiing or biking can cause whiplash if you fall or are involved in an accident.
If you suffer from whiplash during a sports activity, prioritize getting checked by a doctor. In some cases, you may be able to seek compensation if the injury happened due to another person’s actions, poor equipment, or unsafe conditions. A personal injury lawyer can help you understand your rights and pursue compensation for medical expenses, lost wages, and pain from the injury.
Workplace Accidents
Whiplash injuries can also occur in the workplace. If you work in a job that requires heavy lifting, driving, or working with machinery, you may be at risk for accidents that can cause whiplash. For example, if you’re involved in a workplace vehicle accident or experience sudden jolts while handling equipment, your neck may suffer strain or injury.
If you sustain a whiplash injury at work, you may be eligible for workers' compensation to cover your medical expenses and lost wages. If your injury was caused by negligence on the part of your employer or another party, you may be able to file a personal injury claim as well. A personal injury lawyer can help you explore all your options and make sure you are compensated fairly.
Who Is Liable for a Whiplash Injury in Queens?
Determining liability in a whiplash injury case depends on how the injury occurred. Whether the injury happened in a car accident, at work, or during a slip and fall, it’s important to figure out who is responsible for your damages.
Liability in Car Accidents
In car accidents, the driver at fault is usually held responsible for whiplash injuries. If the other driver’s negligence caused the accident, they can be held liable for your injuries. In New York, the driver’s insurance company may cover your medical bills, lost wages, and pain and suffering, depending on their policy and the extent of your injuries. If the accident involved a rental car or a vehicle with insufficient coverage, your own insurance policy may also provide coverage.
A personal injury lawyer will help gather evidence, such as accident reports and witness statements, to prove the other driver’s fault and ensure you receive the compensation you deserve.
Liability in Slip and Fall Cases
In slip and fall cases, the property owner or manager may be liable for your whiplash injury. If the injury occurred due to unsafe conditions, such as wet floors, uneven surfaces, or poor lighting, the property owner has a responsibility to maintain a safe environment. If they fail to fix or warn you about hazards, they may be held accountable for your injury.
To prove liability in a slip-and-fall case, it’s wise to gather evidence like photos of the scene, witness statements, and any maintenance records. A personal injury lawyer can help you determine if the property owner’s negligence caused your injury and assist you in filing a claim for compensation.
Liability in Workplace Injuries
If you suffer from whiplash due to a workplace accident, your employer may be liable for the injury, depending on the circumstances. In most cases, workers' compensation insurance will cover your medical expenses and lost wages if you're injured at work. However, workers' compensation may not cover pain and suffering.
If your whiplash injury was caused by your employer’s negligence or unsafe working conditions, you may be eligible to file a personal injury claim. In cases where a third party, like a contractor or equipment manufacturer, is responsible, they may also be held liable. An experienced personal injury lawyer can help you determine the right course of action to ensure you receive fair compensation for your injuries.
Compensation for Whiplash Injury Victims
If you’ve suffered a whiplash injury, you may be entitled to compensation for your pain, medical bills, and lost wages. Understanding the types of damages you can recover is essential to ensure you receive the full amount you deserve.
Here are the types of compensation available for whiplash injury victims:
Economic Damages
Economic damages cover tangible financial losses. These include:
- Medical expenses: The cost of treatment, therapy, and any ongoing medical care.
- Lost wages: Compensation for time missed from work while recovering.
- Future medical costs: If your injury requires long-term care, future medical expenses can be included.
These damages are meant to make sure you don’t face financial hardship due to the injury. Your personal injury lawyer will gather the necessary documentation, such as medical bills and proof of lost income, to help you claim these damages.
Non-Economic Damages
Non-economic damages cover the more personal and emotional repercussions of a whiplash injury. These damages do not have a direct financial value, but they are still vital. Some common non-economic damages include:
- Pain and suffering: The physical pain caused by the injury and the emotional distress you may experience.
- Loss of enjoyment of life: If the injury prevents you from participating in activities you once enjoyed.
- Emotional distress: Anxiety, depression, or mental suffering caused by the injury.
Non-economic damages can be difficult to calculate, but your lawyer can help use evidence to determine a fair amount for these losses. These damages ensure you are compensated for the pain and suffering your injury causes beyond medical costs.
Punitive Damages (In Cases of Reckless Behavior)
Punitive damages are awarded in cases where the defendant’s actions were extremely reckless or intentional. These damages are meant to punish the wrongdoer and discourage similar behavior in the future. Punitive damages are not meant to compensate the victim but rather to serve as a penalty for gross negligence or intentional harm.
For example, suppose the driver of a car caused the accident while driving under the influence of drugs or alcohol, and their actions were particularly reckless. In that case, punitive damages may be awarded in addition to compensatory damages. Similarly, if a property owner knew about a dangerous condition that caused a slip-and-fall accident and ignored it, punitive damages could apply.
A seasoned personal injury attorney can help determine if your case qualifies for punitive damages and fight to secure maximum compensation for your injuries.
How a Queens Whiplash Lawyer Can Help
If you’ve suffered from a whiplash injury, working with a skilled Queens car accident lawyer can make all the difference. A personal injury lawyer will help guide you through the entire process. They will fight for fair compensation and ensure your rights are protected.
Gathering Medical Evidence
To build a strong case, a lawyer will collect all relevant medical records, such as doctor’s notes, test results, and treatment plans. This medical evidence will help prove the extent of your injuries and the effects they’ve had on your life. A personal injury lawyer will also help ensure that your injuries are well-documented and that you receive the proper treatment.
Negotiating with Insurance Companies
Insurance companies often try to minimize their payout in injury claims. A personal injury lawyer can negotiate with insurance adjusters to ensure you receive fair compensation. They will make sure your medical bills, lost wages, pain and suffering, and future medical needs are included in the settlement offer. Your lawyer will work to get you the maximum compensation you deserve.
Filing a Personal Injury Lawsuit
If the insurance company doesn’t offer a fair settlement, your lawyer can file a personal injury lawsuit. They will help you understand the legal process, gather the necessary evidence, and represent you in court if needed. Filing a lawsuit can help ensure you receive the full amount of compensation for your whiplash injury.
FAQs
What should I do if I have severe injuries from a whiplash accident?
If you have severe injuries from a whiplash accident, it’s important to seek medical attention right away. Once your injuries are treated, you should contact a Queens personal injury attorney. They will help you understand your legal rights and guide you through your personal injury case. Your lawyer will ensure you get compensation for medical bills, lost wages, and pain and suffering.
How do I know if I have a strong Queens personal injury case?
A strong Queens personal injury case depends on proving that the other party was at fault for your injuries. If you can show that your injuries, such as whiplash, were caused by the negligence of another party, you likely have a good case. A Queens personal injury attorney can review the details of your case and help you understand your chances of winning.
How long do personal injury cases take to settle?
The length of a personal injury case varies based on factors such as the severity of the injuries and the complexity of the case. If the case is straightforward, it may settle within a few months. However, if there are severe injuries or disputes over liability, it could take longer. Your personal injury attorney will keep you informed of the progress and ensure the case moves as quickly as possible.
Can I file a lawsuit for a personal injury accident?
Yes, you can file a lawsuit if you’ve been injured in a personal injury accident. If the insurance company offers an unfair settlement or if liability is disputed, a personal injury attorney can help you file a lawsuit. They will fight for your rights and work to get you the maximum compensation for your injuries.
How can a Queens personal injury lawyer help me after an accident?
A Queens personal injury lawyer can provide valuable assistance after an accident. They will handle all the legal aspects of your case, including gathering evidence, negotiating with insurance companies, and filing a lawsuit if necessary. They will work to ensure you receive fair compensation for medical expenses, lost wages, and pain and suffering caused by the accident.
Contact Our Queens Personal Injury Lawyer
If you’ve suffered serious injuries in an accident, you deserve the best legal representation to help you get the compensation you need. Davidoff Law Personal Injury Lawyers offers expert legal services for personal injury cases, including whiplash injuries, medical malpractice, and wrongful death claims.
Our experienced personal injury law firm is dedicated to fighting for your rights. Whether you’re dealing with medical bills, lost wages, or pain and suffering, we’re here to help. If someone’s negligence caused your injuries, we will work hard to ensure you receive fair compensation. We understand the consequences of serious injuries on your life, and we will be by your side throughout the entire legal process.
Contact us today for a free consultation. Let us handle your case while you focus on recovering from your injuries. We’re here to help you get the justice and compensation you deserve.
