Whiplash Injury: Causes, Symptoms, and What You Can Do to Get Compensation

Whiplash injuries may occur as a result of motor vehicle accidents, predictably in rear-end collisions. Such injuries can result in chronic pain and an ongoing struggle to regain flexibility and range of motion.

If this happened to you, you could be entitled to damages from the liable party. At Oresky & Associates, PLLC, our NYC personal injury lawyers help patients build whiplash injury claims and hold the at-fault drivers accountable for this potentially serious injury. We will tell you more about the causes of whiplash and what you can do to get compensation during a free consultation.

What Is Whiplash and Why Is It Dangerous?

Per the Mayo Clinic, whiplash is a neck injury caused by a sudden, forceful back-and-forth motion, as typically seen in rear-end car accidents. This movement can strain or tear neck muscles, ligaments, and spinal tissues, resulting in significant pain and limited range of motion. Symptoms can be severe and difficult to manage for some victims.

Prompt medical care and physical therapy are often necessary to manage symptoms and prevent long-term complications. The costs can add up quickly, making it critical for accident victims to be able to seek damages. This can be difficult because:

• Whiplash does not appear on medical scans.
• These cases often require medical experts to confirm the diagnosis.
• Insurance companies might not take soft tissue injuries seriously.

Accidents that cause whiplash can also lead to concussions, head trauma, and other significant injuries. The extent of your injuries will play a role in determining how much your whiplash claim is worth.

How to Tell If You Have Whiplash: Main Symptoms

Signs and symptoms of whiplash could include:

• Neck pain and stiffness: Pain may be severe enough to affect movement and activities.
• Limited range of motion: Restricted neck mobility from whiplash could last days or weeks.
• Chronic pain: Whiplash symptoms do not always go away.
• Headaches: These generally occur near the base of the skull.
• Shoulder and back pain: Soft tissues in the shoulders and upper back could experience damage, too.
• Dizziness: You may experience vertigo or have trouble maintaining balance.
• Neurological issues: Nerve damage may cause numbness, tingling, or cognitive concerns.

Doctors typically use the Quebec Task Force (QTF) on whiplash-associated disorders (WAD) to “grade” the extent of your injuries. This scale assigns one of five levels, ranging from 0 through IV, to patients reporting a neck injury. The levels are:

• Level 0, where the patient experiences no symptoms.
• Level I to Level IV, with Level I being pain and stiffness and Level IV including bone fractures.

How Long Does Whiplash Last and How Fast Will I Recover?

Whiplash recovery time varies based on injury severity and individual factors. According to the Cleveland Clinic:

• Mild to moderate cases of whiplash may clear up within days or weeks.
• More severe cases require several weeks or months of recovery time.
• The most severe whiplash injuries may require prolonged treatment, therapies, and recovery.

Early medical intervention and consistent therapy generally help improve recovery outcomes, though factors like age, health, and psychological impact can affect healing.

No matter how serious your injury was, our accident injury lawyers will fight for the compensation you deserve.

Main Causes of Whiplash Injury

Any event where your head is thrown rapidly backward and forwards may cause whiplash. Some of the reasons why clients come to us with whiplash injuries include:

• Car accidents
• Truck accidents
• Slip and falls
• Construction accidents

Many whiplash injuries are caused by another person’s negligence. For example, if a distracted driver hits you from behind, you could seek compensation from them. We often file personal injury claims for whiplash so our clients can recover the money they need to pay for treatment and other expenses.

What to Do If You’ve Suffered Whiplash

If you believe you have whiplash or any other injury, it is essential to take the right steps to protect your health and your rights:

• Seek medical attention: Get evaluated immediately, even if symptoms are mild. Whiplash can worsen over time, so do not take chances.
• Follow your doctor’s instructions: Attend all appointments, follow the prescribed treatment, and keep a record of any missed work or activities.
• Document the accident and injury: Write down details of the incident or record a video of yourself talking about what happened. If possible, gather photos of the scene, write down witness contact information, and save all related receipts.
• Contact our attorneys: Consult with Oresky & Associates, PLLC. If you speak with us promptly, we will explain your legal rights in time for you to take action.
• Build a personal injury whiplash claim: Our legal team will help you prepare and file a claim for compensation. We will seek just compensation for all damages.

Legal Options: How Can I Get Compensation After a Whiplash Injury?

After a New York whiplash injury, you might have several options for seeking compensation, depending on the circumstances of the accident and who is responsible:

• Insurance claim: Under ISC 5102, your own car insurance covers medical expenses and lost wages up to the policy maximum, regardless of who caused the accident.
• Workers’ compensation: If your whiplash injury happened at work, workers’ compensation may cover medical treatment, lost wages, and disability benefits. Most workers qualify under WKC 3. You do not need to prove anyone was negligent to recover workers’ compensation benefits.
• Personal injury lawsuit: If another party’s negligence caused your whiplash, you may pursue a personal injury lawsuit. CPLR 214 gives you three years to do so.

Recovering compensation in a personal injury for a whiplash injury can be difficult. However, a personal injury lawsuit is the only option that allows you to recover damages for your past and future pain and suffering and other non-economic losses.

Having our attorneys on your side makes it easier for you to navigate this challenging process. We take care of all legal matters while you recover.

Contact Us About Your Whiplash Today

Contact Oresky & Associates, PLLC, today to learn how to file a personal injury claim for your whiplash injury in New York. We provide free consultations. Call (718) 993-9999 to begin.

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How Much Will My Whiplash Settlement Amount Be?

Determining how much your settlement for a whiplash injury should be difficult because each case is unique and must be evaluated individually. Part of our legal team’s job is to collect all available evidence and work with the insurance companies to secure the damages you need and deserve based on your particular circumstances.

What Can I Be Compensated for After a Whiplash Accident?

Your personal injury lawsuit could allow you to recover:

• Non-economic damages: Damages like past and future pain and suffering and emotional distress address the mental and physical toll of whiplash and the lifestyle limitations it may impose.
• Economic damages: Your economic damages include medical bills, property damage, and lost union benefits. If your injury requires long-term treatment, you can seek future medical expenses as well.
• Loss of earnings: If you miss work due to your whiplash injury, you can claim compensation for loss of earnings. This includes potential future income and lost earning capacity if the injury affects your ability to return to work.
• Out-of-pocket expenses: Out-of-pocket expenses cover necessary related costs, such as transportation to medical appointments.

What Does My Compensation for a Whiplash Injury Depend On?

The compensation you receive depends on:

• Severity of injury: More serious injuries that cause extreme pain or result in long-term limitations generally merit higher compensation than milder cases.
• Extent of financial losses: The more you spend or lose, the more our lawyers can ask for in reimbursement.
• Insurance limitations: The amount of coverage that you and/or the liable party have will dictate the value of any potential settlement.
• Degree of fault: We may need to counter allegations that you contributed to your injuries. Such allegations could reduce your settlement or jury award.

Your legal team also plays a role in your payout. We will build a compelling case, document your soft tissue injuries, and negotiate or litigate on your behalf so the insurer cannot pay you less than you are entitled to.

Call Now for a Free Consultation

Contact Oresky & Associates, PLLC, at (718) 993-9999 for a free, confidential consultation today. Our attorneys are ready to start protecting your rights.

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Get Legal Help After an Injury

If you suffered whiplash injuries, our NYC personal injury attorneys can explain your options, navigate the claims process for you, and fight for your rights.

You can count on our bilingual team to handle complex settlement negotiations, gather evidence, and determine what damages you deserve based on your injury causes and symptoms. We will tell you what you can do to get compensation for a personal injury, including whiplash.

We offer free consultations. Contact Oresky & Associates, PLLC, at (718) 993-9999 today to discuss your case at no cost to you or your family.