Whiplash injuries are often worth more than victims might think, and our lawyers can help you estimate the value of your claim so you know how much compensation you deserve.
How much whiplash injuries are worth depends on several factors, starting with whether or not a victim went to the emergency room or sought medical treatment. Victims could need subsequent treatments for whiplash injuries, like physical therapy, which could become costly. The more care you need, the more your claim is worth since victims’ compensation is directly based on their medical expenses and other damages, like missed income. If you cannot return to work, you may seek lost wages from the liable party. You can do the same for any non-economic damages from whiplash injuries, like pain and suffering. Whiplash can sometimes meet the definition of serious injury in New York, enabling victims to sue negligent drivers for car accidents.
For help with your case, call the Westchester, NY car accident lawyers of The Martello Law Firm, PLLC today at (914) 685-6950.
How to Estimate the Value of Your Whiplash Injuries in New York
Whiplash injuries are not minor. In fact, victims who sustain whiplash injuries often incur considerable damages from medical treatments and lost wages. Whiplash might physically limit victims for a long time, preventing them from working or earning an income. While there are financial factors to consider, like the cost of physical therapy, prescription medications, and missed wages, there are also the emotional consequences of whiplash injuries, which are compensable via non-economic damages.
Did You Go to the Emergency Room?
Whiplash injuries are common in motor vehicle accidents, particularly rear-end collisions. Though some victims might not notice whiplash injuries immediately, they should still go to the emergency room to get fully assessed and diagnosed. Not going to the emergency room could cause greater issues with your claim, like problems connecting your whiplash injuries to the car accident involving the defendant. If you went to the emergency room for whiplash injuries caused by negligence, our lawyers will factor the cost of that visit into your total medical damages.
Do You Need Physical Therapy?
Physical therapy can help victims with whiplash injuries strengthen muscles as damaged soft tissue heals, restoring movement in the shoulders and neck and alleviating pain over time. Physical therapy is a common treatment for severe neck injuries, and its cost can be extreme. The more damages you incur because of the defendant’s negligence, the more your claim is worth. So, if you need physical therapy, the defendant should cover the cost. Your physical therapy treatments might continue after your lawsuit ends, and our New York car accident lawyers can consider the cost of future sessions when calculating your damages.
Have You Experienced Neurological Symptoms?
Despite often being classified as a minor injury, whiplash can bring severe neurological symptoms that require specialized treatment. Suppose you experience headaches, pinched nerves, or more serious complications, like vision problems, behavioral changes, loss of motor functions, and cognitive issues. You might need to see a neurologist for further care and assessment in that case. Again, the cost of any visits with specialists should be covered, as you would not have incurred these damages if not for the defendant’s negligence.
Did Doctors Prescribe You Pain Management Medication?
Of the various treatments for whiplash, pain management medication is near the top of the list of the most common techniques physicians use to address whiplash injuries and the discomfort victims feel during the recovery process. Any prescription medications associated with your whiplash injuries are compensable as they fall under the category of reasonable and necessary medical expenses. If doctors prescribe pain management medications or any other medications throughout your physical recovery, report them and their cost to our lawyers.
Can You Return to Work?
Whiplash might seriously limit a victim’s neck mobility, preventing them from returning to work. This could be the case for many victims in various professions, as even typing on a computer for long periods could be painful for victims and violate doctors’ advice. Not being able to return to work as you recover from whiplash injuries would increase your claim’s value, as lost wages are compensable. To calculate your missed income, we will confirm your wages before the collision by reviewing recent income statements and records from your employer. Your treating physicians can estimate when you might be able to return to work based on your injuries and workplace responsibilities, and we can use those estimates to calculate your future lost wages.
Have You Experienced Emotional Distress?
Whiplash injuries can cause victims pain and suffering, not just because of the lengthy medical treatment they might need but also because of how their injuries might affect their day-to-day lives. For example, after sustaining a neck injury like whiplash, victims might be unable to engage in activities they once enjoyed, like picking up their children, running recreationally, or walking their dogs.
Experiencing pain and suffering from whiplash injuries could make your claim worth more, as victims can recover compensation for non-economic damages in New York. It is important to note that if you sustained whiplash injuries in a car accident, as many victims do, you must certify that you pass the serious injury threshold to file a lawsuit or recover non-economic damages. According to I.S.C. Law § 5102(d), whiplash might be a serious injury if it substantially affects a victim’s ability to engage in daily tasks for at least 90 of the first 180 days following an accident. You can show that your whiplash injury is serious enough to warrant non-economic damages through certified medical records, so focus on getting treatment and documenting your injuries along with emotional distress.
Call Our Car Accident Attorneys in New York Today
Call our Yonkers, NY car accident lawyers at (914) 685-6950 to discuss your case for free with The Martello Law Firm, PLLC.
