I Have a Delayed Onset Whiplash Injury—Can I Sue?

At the time of the accident, perhaps you underestimated your injuries. Maybe you drive the same route from the suburbs into New York City every day and when that car cut in front of you, you were shaken up a little but not seriously injured. Or so you thought.

Delayed onset whiplash injuries have a way of sneaking up on you. You may think you just have a headache, but later realize you have whiplash. Head or neck pain could mean you have a traumatic brain injury. A backache could be a sign of spinal injuries that could leave you paralyzed. 

Insurers will try to convince you to sign a release of liability before offering a settlement, but don’t do it. It would effectively end your lawsuit and cause you to lose compensation. So the answer is yes to the question, I have a delayed onset whiplash injury—can I sue? One exception is if you’ve already signed a release of liability. When you’re hurt in a road accident, speak to a reputable NYC car accident lawyer for advice on making a full recovery.

Questionable Insurance Company Tactics

While a case of delayed onset whiplash may be treated by the insurance company as a soft tissue injury, which would result in up to $10,000 in medical coverage, don’t settle for less money than you deserve. It’s critical to be evaluated by a doctor before you sign anything.

Consider documenting your pain and functional limitations. Providing proof of your injuries as well as your previous medical history is critical if the insurance adjuster tries to explain away your symptoms as part of a degenerative process that existed prior to the accident.

Be vigilant about timelines because the insurer may refuse to contact you while hoping the statute of limitations runs out. This may be hard to believe, but it’s not uncommon. If the deadline is over, you won’t be able to sue for a delayed onset whiplash injury.

Statute of Limitations

The statute of limitations in New York’s state courts is different for every type of lawsuit. To answer your question, you will need to consult with a local personal injury attorney to determine how much time you have to file a lawsuit.

If you’re stressed and wondering, I have a delayed onset whiplash injury—can I sue? Attorneys at Greenstein & Milbauer, LLP have experience representing the injured in claims just like yours. Schedule your free consultation by calling 1-800-842-8462 or fill out our online form for a free case review.

For more quick answers, visit our car accident FAQ page.