Bronx Whiplash Lawyer
Whiplash can easily throw your entire life off balance. But a simple call to a Bronx whiplash attorney can begin the process of getting things back to normal.
Whether you’re in a serious car accident or a seemingly minor fender-bender, you can suffer a neck injury like whiplash, which can make everything from sleeping to working a painful experience.
Because New York is a no-fault state, you may need a Bronx whiplash lawyer to help you through the legal aspects of recovering compensation. Our team at Greenstein & Milbauer, LLP can help you avoid the legal pitfalls, so don’t make any moves until you consult with us.
No-Fault Car Accidents
In a no-fault state like New York, you’ll file your initial claim with your own insurance company no matter who’s at fault. Insurers don’t care about you or your needs and will underpay and fight you at every turn, despite their legal obligations.
No-fault claims don’t include pain and suffering or most non-economic damages. Because whiplash is usually considered a minor injury, it can be hard to move past the no-fault obstacle and file a lawsuit against the at-fault driver.
Exceptions include if your whiplash is considered a “serious injury” due to any of the following:
- Fracture
- Permanent or significant loss or limitation of a bodily function
- Temporary injury preventing normal daily activities for at least three months within six months from the accident
Shared Fault
If we can file a personal injury claim against the at-fault driver, we’ll face further complications. A tactic insurance companies and defense attorneys use is trying to place the blame on you. Your insurance company might try that, as well.
That’s because New York follows a comparative negligence policy that reduces your compensation by the same percentage as the fault you bear. This means that, if you’re found to be 10 percent at fault and are awarded $100,000, you’ll only receive $90,000—10 percent less.
The positive side of this is that, if you truly are partially responsible for your whiplash, you can still get something to cover your costs.
Delayed Whiplash Symptoms and the Statute of Limitations
Another thing to consider is that many whiplash-related conditions don’t arise for some time after the auto accident that caused them—and time is a factor in civil cases. New York has a three-year statute of limitations for personal injury claims. We’ll also want to get fresh statements from any witnesses before too much time passes.
Whiplash Compensation in the Bronx
Any injury to the neck or spine is serious even when you don’t experience immediate pain. You can suffer from headaches, numbness and tingling, or general pain. These could be a temporary inconvenience to your life and work, or they may become chronic, requiring physical therapy, surgery, or medication.
The medical costs will add up quickly, but you can be compensated for everything you’ve suffered because of a negligent driver, including the following expenses:
- Immediate or long-term medical costs
- Lost or diminished income
- Disability accommodations
- Pain and suffering
- Mental anguish
- Loss of consortium
- Vehicle damage
- Punitive damages
Meet with a Bronx Whiplash Attorney
You can get the help you need by scheduling a free, no-obligation legal evaluation with a Bronx whiplash lawyer from Greenstein & Milbauer, LLP. Just fill out the form below or call us at 1-800-VICTIM2 (842-8462).
