What Is the Minimum Payout for Whiplash?

There is no set minimum payout for whiplash in New York. Ultimately, your whiplash payout will hinge on the circumstances of your injury and its severity. There is no minimum payout for whiplash and the amount you will recover will depend on the severity of your injury, its impact on your life, and the extent of medical treatment. Your compensation could be as low as a few thousand or as high as tens of thousands of dollars. However, we cannot make any guarantee as to the exact amount an injured party could potentially receive as the result of a whiplash injury. 

Nevertheless, determining your whiplash injury compensation is critical to recovering a full and fair settlement. An experienced New York City car accident lawyer can provide you with support, guidance, and advocacy during your personal injury claim, protecting your legal rights and maximizing your compensation.

What Is Whiplash?

Whiplash is a neck injury caused when the head suddenly moves back-and-forth or side-to-side. This rapid motion is similar to a whip cracking, hence the term whiplash. A whiplash injury causes soft tissue damage that may require medical intervention, physical therapy, and radiating pain. 

There are an estimated 3 million cases of whiplash each year in the United States. Whiplash injuries from car accidents can occur at speeds as low as 5 or 10 miles per hour, and are commonly caused by a rear-end collision

What Are the Common Symptoms of Whiplash?

Whiplash is often accompanied by an array of symptoms. Depending on the type and severity of injury, victims may suffer:

• Neck pain
• Shoulder pain
• Back pain
• Neck stiffness
• Dizziness
• Headaches

Symptoms may begin immediately following an accident or take a few days to appear. Generally, symptoms start to improve within a few days and are gone within a couple months. However, some may experience pain for months or years following the incident. Following pain management treatments and suggestions from a healthcare professional can help.

What Should I Do After a Whiplash Accident?

Preserving your health and your right to compensation is critical following a whiplash accident. Taking the right steps after you’ve been involved in an accident is essential. 

After an accident you should:

• Ensure your safety and the safety of others involved in the accident.
• Contact emergency services, if necessary.
• Take photos and video of the accident scene and gather any witness statements, if possible. This can be crucial to proving negligence and liability. 
• Seek medical attention immediately. Diagnostic tests can determine the extent of any injury and medical records are vital to your compensation claim.
• Make an accident report to the appropriate authorities such as law enforcement or your employer.
• Contact accident claims lawyers for assistance with your insurance claim and filing a personal injury case.

How Can I Maximize the Compensation I Recover for Whiplash?

Recovering adequate and fair compensation for your injuries is essential to making yourself whole following a whiplash accident. Taking appropriate action to secure your claim and working with an experienced attorney can help.

Some ways that you can maximize your compensation include:

• Consulting with a lawyer
• Filing within New York’s three-year statute of limitations
• Gathering evidence of economic damages like medical bills and lost wages
• Gathering evidence of non-economic damages like pain and suffering and long-term effects

Your attorney can help you with the negotiation process and evidence gathering. They can also utilize their resources and networks to obtain expert testimony and other key information to bolster your claim. Assistance from a skilled lawyer can improve your chances of success and receiving a favorable settlement.

Where Do Whiplash Accidents Happen Most Often in New York?

The majority of whiplash injuries result from car crashes. The impact of a car accident can cause the head to snap back-and-forth creating a whipping motion and causing injury to the neck. Some common roads in or near Queens, NY where these whiplash accidents occur are:

• Queens Boulevard: Sometimes called the “Boulevard of Death,” Queens Boulevard has the highest number of traffic accidents and fatalities in Queens. Woodhaven Boulevard and Jackson Avenue are particularly dangerous intersections along Queens Boulevard.
• Cross Island Parkway: The parkway is part of the NYC Belt System running along Queens and Brooklyn. Like other parkways along the Belt System, this heavily trafficked area is prone to automobile crashes.
• I-678: Also called the Van Wyck Expressway, this auxiliary interstate highway begins at the JFK International Airport, extending through Queens and into the Bronx. As a main source of transport to and from JFK it experiences a high amount of traffic on a daily basis.
• Atlantic Avenue: This major thoroughfare spans across Queens and Brooklyn, running from Jamaica, Queens to the East River. Moreover, it is the only east to west truck route across Brooklyn. According to recent data, Atlantic Avenue may be more deadly than Queens Boulevard. 

On heavily trafficked roads, like the ones mentioned above, accidents can occur in a number of locations or circumstances. Rear-end collisions in particular can increase the chances of whiplash. Whiplash accidents are more likely to happen in:

• Congested traffic
• Intersections
• Ramps
• Parking lots 

While there is no one location or way that whiplash can occur. Some areas and types of collisions are more notorious than others for these types of injuries.

How Do Insurance Companies Calculate Compensation for Whiplash?

When calculating compensation for whiplash, the insurance adjuster will consider various factors. This includes:

• Economic damages associated with the injury
• Non-economic damages associated with the injury
• Severity of the injury
• Insurance policy limits
• Portion of fault

If your injury resulted from a motor vehicle accident, it’s important to understand how New York’s no-fault laws and your underinsured motorist coverage will affect your claim. Determining all paths to compensation, the amount of insurance available, and liability is vital to recovering full compensation for your whiplash. 

Contact a Lawyer for Your Right to Compensation After Whiplash Injury

Recovering compensation for a whiplash injury can be a daunting task. Insurance companies may try to minimize the extent of your injury. Having legal representation can be valuable when navigating your insurance claim or taking your whiplash case to trial.

A personal injury lawyer at Gregory Spektor & Associates, P.C. is ready to assist you with your whiplash claim. Our experienced Attorney provides whiplash victims with dedicated and compassionate support through every step of the claim process. Contact us now for a free consultation and let’s get started on the path to a fair settlement.