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Settling Your Whiplash Claim in NYC: Advice from a Bronx Car Accident Lawyer

Whiplash injuries are some of the most common types of injuries we see in New York car accidents, and settlements for whiplash injuries can range from $10,000 or less to $100,000 or more. However, keep in mind that these accidents are considered on a case-by-case basis, and previous settlements do not guarantee that your case will be worth the same. In this post, the team at Alex Yadgarov & Associates will step into the role of your Bronx car accident lawyer, and we will walk you through everything that needs to be done to secure the best possible settlement for your whiplash injury.

What is a whiplash injury?

A whiplash injury is a neck injury that occurs when a sudden impact causes your head to move back and forward and forcefully snap back into place. The sudden “whip” can injure cervical muscles, spines, discs, nerve joints, and ligaments.

Whiplash injuries can range from mild to severe, and most people usually recover from the injury within a few weeks with little to no medical treatment. However, it can take a person a couple of months to recover from a serious whiplash injury, and they will also have to contend with chronic pain and other complications. 

What are the damages claimed in a whiplash injury?

In whiplash injury cases, you can claim both economic and non-economic damages. Under economic damages, you are able to claim compensation for any medical expenses connected to medical treatments for the injury. At the same time, you would also be able to claim compensation for lost wages and income if you can show that the whiplash injury prevented you from working or returning to work full time. These damages can be covered by your Personal Injury Protection (PIP) insurance coverage.

On the other hand, you can claim non-economic damages to the extent that the injury contributed to your “pain and suffering,” which can take the form of continued physical discomfort and emotional distress. Your damages would significantly increase if you can show that the injury caused a long-term change in your life or that you developed a permanent impairment as a result.

What should you do to maximize your whiplash injury settlement?

The steps you take following the car accident that caused your whiplash injury can significantly impact how much your case is worth. Therefore, make sure that you do (and do not do) the following:

  • Call 911 and report the accident to the authorities.
  • Seek immediate medical attention for your injuries.
  • Gather evidence at the scene and exchange the relevant insurance and contact information with the other driver involved in the accident.
  • Follow your doctor’s treatment plan. Any deviation or disregard can be used to allege that you failed to mitigate the damages after the accident.
  • Document your pain and suffering in a journal and get family members, friends, and colleagues to attest to any changes before and after the accident.
  • Contact your Brooklyn car accident lawyer to understand your rights and liabilities in the car accident.
  • Reach out to your insurance company to report the accident and initiate the compensation process.
  • Do not delay or deny medical treatment.
  • Do not leave the scene of the accident until the authorities arrive.
  • Do not admit fault or apologize for the car accident.
  • Do not make any recorded statements about the extent of your injuries.
  • Do not post about the accident on social media.

Conclusion

If you are the victim of a car accident and have suffered whiplash injuries, having strong legal representation to help you navigate the complex legal and insurance challenges ahead of you is a must. If you are ever in need of legal help, the team at Alex Yadgarov & Associates is here to help. Schedule your free consultation and tell us your story. We will do everything in our power to help you overcome any challenge, achieve a favorable settlement, and take the first step to a brighter future where your injury does not define you.

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