Experienced New York City Whiplash Lawyer
New York City Whiplash Lawyer
Find out why we are some of the best New York City whiplash lawyers
About Our Law Firm
Goldberg & Loren are whiplash injury attorneys located in New York City, we have recovered over a half billion dollars in settlement and through litigation in auto accidents. If you have been injured due to someone else negligence we want to hear from you. Contact us now for a free consultation.
What is Whiplash?
Whiplash is a type of neck injury that occurs when the neck is suddenly and forcefully thrown forward and then snapped back into place.
This motion can cause muscles, ligaments, and other soft tissues in the neck to stretch beyond their usual range of motion, leading to pain, stiffness, and restricted movement.
Whiplash is often associated with motor vehicle accidents but can also be caused by sports injuries, assaults, and falls.
Symptoms of whiplash may not appear immediately after the injury occurs and can vary from person to person but can include:
- Dizziness
- Fatigue
- Headaches
- Neck Pain and Stiffness
If you suspect you have whiplash, seek out a medical professional’s care as soon as possible to get an accurate diagnosis and begin any necessary treatment.
- More than 3 million new cases of whiplash occur each year
- More than 50% of those cases progress to cause chronic pain
- Whiplash injuries occur five times more often in women than in men
- Whiplash injuries occur more often in people 30 to 50 years of age
Pre-existing health conditions such as arthritis will lead to greater injury severity and more significant pain. Whiplash injuries are more severe in women and children because their necks are smaller. [1]
Common Causes of Whiplash Accidents
The most common cause of a whiplash accident is a motor vehicle collision, mainly when the accident involves a rear-end collision. Many whiplash injuries from traffic collisions occur at speeds as low as five to 10 mph. [2]
Whiplash can occur when the sudden impact of the collision causes the injured party’s head to jerk backward or forward violently. Whiplash can also be caused by sports injuries, physical assaults, or falls.
Other factors that may increase the risk of whiplash include poor posture, pre-existing neck conditions, and certain occupations that require repetitive neck movements or long periods of sitting in front of a computer.
Whiplash injuries can vary from mild discomfort to more severe damage.
Types of Injuries that Can Accompany Whiplash
In addition to neck pain and stiffness, whiplash can cause a range of other injuries that may vary depending on the severity of the injury. These injuries can include:
Tension Headaches
Whiplash can cause tension headaches due to sudden and forceful neck and head movement during the injury.
This movement can cause the muscles in the neck and scalp to become tight and tense, which can trigger a tension headache.
Whiplash can also cause damage to the nerves in the neck area, increasing the likelihood of developing tension headaches.
The symptoms of tension headaches caused by whiplash are similar to those of regular tension headaches, including mild to moderate pain, pressure, or tightness around the forehead, temples, or the back of the head and neck.
Treatment for tension headaches may include:
- Chiropractic Adjustments
- Massage Therapy
- Medications
- Physical Therapy
Migraine Headaches
Whiplash can also cause migraine headaches, although they are less common than tension headaches.
Migraine headaches are often described as an intense, throbbing pain typically located on one side of the head.
Migraine headaches can cause other symptoms such as nausea, vomiting, sensitivity to light and sound, and visual disturbances such as flashing lights or auras.
In people who have suffered from whiplash, the sudden and forceful head and neck movement can trigger a migraine headache.
Treatment for whiplash-associated migraine headaches may include prescription medications, such as triptans or beta blockers, as well as avoiding triggers that can lead to the onset of migraines, such as stress, caffeine, or certain types of foods.
Headaches that Originate from the Neck
Headaches originating from the neck, also known as cervicogenic headaches, are a common type of headache that can occur after a whiplash injury.
These headaches are caused by a problem in the neck, such as a damaged or inflamed cervical spine joint, nerve, or soft tissue, and can result in pain in the head and neck.
The symptoms of cervicogenic headaches can vary depending on the severity of the injury but may include pain on one side of the head, neck pain and stiffness, pain that worsens with specific neck movements, and pain that may radiate to the shoulder or arm on the same side.
Cervicogenic headaches are typically treated with physical therapy, chiropractic adjustments, massage therapy, and medication, such as non-steroidal anti-inflammatory drugs (NSAIDs) or muscle relaxants.
Back Pain
Back pain is a common symptom that can occur after a whiplash accident.
Whiplash injury can cause damage to the muscles, tendons, and ligaments in the neck and upper back area, leading to pain, stiffness, and restricted movement in these areas.
The forceful movement of the head and neck during a whiplash injury can also cause the spine to be jerked out of alignment, resulting in pain, discomfort, and muscle spasms in the middle and lower back.
In some cases, the pain may also radiate down to the legs.
Treatment for back pain after a whiplash injury may include physical therapy, massage therapy, chiropractic adjustments, and non-invasive modalities such as heat therapy or ultrasound therapy.
Pain medication and anti-inflammatory drugs may also be prescribed to alleviate pain and inflammation.
Shoulder Pain
The forceful movement of the head and neck during a whiplash injury can cause the shoulder to be jerked forward or backward, leading to strain or sprain of the muscles, tendons, and ligaments in the shoulder area.
The injury may also cause damage to the nerves or blood vessels around the shoulder, leading to inflammation, pain, and stiffness.
The symptoms of shoulder pain after a whiplash injury may include difficulty moving the arm, weakness in the shoulder, and tenderness or swelling around the shoulder joint.
Treatment for shoulder pain after a whiplash injury may include physical therapy, massage therapy, chiropractic adjustments, and non-invasive modalities such as heat therapy or ultrasound therapy.
Suppose the shoulder pain persists or becomes chronic. In that case, it is important to seek medical care to prevent further damage, restore the shoulder’s normal function, and avoid complications such as frozen shoulder syndrome.
Arm and Hand Pain/Tingling
Arm and hand pain or tingling can occur after a whiplash accident as a result of nerve damage or inflammation from the injury.
During a whiplash accident, the forceful movement of the head and neck can compress or stretch the nerves that run from the neck down to the arms and hands.
This compression or stretching can cause nerve irritation or inflammation, resulting in pain, numbness, tingling, or weakness in the arms and hands.
The symptoms of arm and hand pain/tingling after whiplash injury may include shooting or burning pain, weakness in the arms or hands, and a feeling of pins and needles or numbness.
Treatment for arm and hand pain or tingling after a whiplash injury may involve physical therapy, massage therapy, chiropractic adjustments, and medications for pain and inflammation.
Surgery may be necessary in severe cases to alleviate the compression or damage to the affected nerve.
If arm and hand pain persists or becomes chronic, seek medical attention to prevent further damage.
Jaw Pain
Jaw pain is a less common symptom after a whiplash accident, but it is possible.
The sudden and forceful movement of the head and neck during a whiplash injury can cause the jaw to slam shut, leading to muscle strain or sprain in the jaw area.
In more severe cases, the impact can cause damage to the temporomandibular joint (TMJ), which connects the jawbone to the skull.
This can result in inflammation, pain, and tenderness in the jaw, as well as difficulty opening and closing the mouth or a clicking or popping sound when moving the mouth.
Treatment for jaw pain after a whiplash injury may include physical therapy, massage therapy, chiropractic adjustments, and medications for pain and inflammation.
A night guard or splint may be prescribed to support the jaw and reduce grinding or clenching during sleep.
If jaw pain persists or becomes chronic, seek medical attention to prevent further damage.
Vision and Hearing Problems
Vision and hearing problems are other symptoms that can occur after a whiplash accident.
The sudden and forceful movement of the head and neck during a whiplash accident can cause the brain to move within the skull, leading to various injuries such as a concussion, head injury, or traumatic brain injury.
These types of injuries can cause a range of vision and hearing problems, such as:
- Blurred Vision
- Difficulty Hearing
- Double Vision
- Light Sensitivity
- Ringing in the Ears
- Visual Disturbances
Treatment for vision and hearing problems after a whiplash accident may involve a further medical evaluation to assess any underlying injury or damage to these senses. Treatment may include eyeglasses, hearing aids, physical therapy, cognitive therapy, medication, or surgery in some cases.
Psychological and Emotional Symptoms
Whiplash injuries can cause various psychological and emotional symptoms, including anxiety, depression, and post-traumatic stress disorder (PTSD).
These symptoms can occur due to the traumatic experience of the accident, the physical pain and discomfort associated with the injury, and the disruption to daily activities and routines.
Symptoms of anxiety and depression may include feelings of sadness, hopelessness, irritability, and difficulty concentrating.
PTSD symptoms may include flashbacks, nightmares, and feelings of detachment or numbness.
Related Information
Investigating and Building Your Whiplash Case
There are many ways that Goldberg & Loren may collect evidence for a whiplash claim, depending on the case’s specific circumstances. Some common methods include:
We may request copies of medical records from any healthcare providers who have treated the whiplash injury. These records can provide necessary evidence regarding the extent and severity of the injury.
We may contact witnesses who may have seen the accident occur or who might have information relevant to the case. These witnesses can provide testimony that helps to establish liability or the extent of the injury.
We may hire a specialist to create a detailed reconstruction of the accident. This can help to establish how the accident occurred and who was at fault.
If there is any photographic or video evidence of the accident, we may collect and review that evidence. This can include traffic camera footage or videos taken by witnesses.
We may obtain copies of the police report related to the accident. This can provide important information about the accident's circumstances and who was involved.
We may bring in expert witnesses to testify about the whiplash injury's nature and extent. This can include medical experts, accident reconstruction specialists, and others.
Negotiating Settlements
Throughout the process, Goldberg & Loren’s accident lawyers will advocate for your best interests and work to maximize your recovery while minimizing stress. By assessing liability, calculating damages, and negotiating settlements, a skilled lawyer from Goldberg & Loren can help you get the compensation you deserve after a car accident.
Statute of Limitations for Filing a Claim
In New York, the statute of limitations for a personal injury claim, including a whiplash injury, is typically three years from the accident date.
This means that if you have been involved in a whiplash accident in New York, you have three years from the accident date to file a lawsuit seeking compensation for your injury.
Waiting too long to file a claim can result in the loss of your right to seek compensation for your injuries.
Calculating Damages
Calculating damages from an accident can be a complex issue, as many factors must be considered to arrive at a fair and accurate estimation of the total damages.
These factors might include:
- Physical Injuries
- Emotional Distress
- Property Damage
- Lost Wages
- Medical Payments
- Ongoing Care and Rehabilitation Costs
Determining an accurate and fair valuation is one of the main issues in calculating damages.
This requires a comprehensive understanding of the extent and severity of the injuries sustained, the impact the injuries have on the victim’s current and future quality of life, and the costs associated with treating the injuries and securing ongoing care and rehabilitation.
Another issue that can arise when calculating damages is proving causation.
It must be demonstrated that the injuries or damages resulted directly from the accident. This may require the presentation of expert testimony, medical records, or other forms of evidence to establish a clear chain of causation.
There may be issues of liability or fault that must be addressed in order to determine the appropriate amount of damages. If multiple parties were involved in the accident, it may be necessary to apportion the fault and calculate damages accordingly.
When to Seek Legal Advice for Your Whiplash Injury
If you have sustained injuries in a whiplash accident that was not your fault, consulting with a legal professional is advisable. Injuries caused by whiplash can result in significant pain and impact one’s work and daily routines.
Our accident lawyers understand the complexities of whiplash claims, and we are committed to helping our clients seek financial compensation for their suffering.
If you have medical bills or treatment expenses due to the injury, Goldberg & Loren’s attorneys can help you understand your legal rights and the legal process. Suppose you are undergoing any pain or suffering due to your whiplash injury. In that case, we can help you recover compensation for your medical bills, lost wages, and pain and suffering.
Don’t suffer in silence. Let Goldberg & Loren help you get the justice and compensation you deserve. With their expertise in whiplash cases, you can trust that you’re in good hands. Contact Goldberg & Loren today to schedule your consultation and take the first step toward getting the justice you deserve.
Sources
[1] Herman, D. S. (2017, January 6). The Ultimate List of Whiplash Statistics: 22 Facts You Need to Know. ChiroCare of Florida.
https://chirocareflorida.com/whiplash-statistics/
[2] 5 Facts About Whiplash. (2014, June 27). 5 Facts About Whiplash | Rush System.
https://www.rush.edu/news/5-facts-about-whiplash
Goldberg & Loren Personal Injury Attorneys
5 Columbus Cir Suite 1501
New York, NY 10019
(646) 835-0311
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