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Can You Pursue a Settlement for a Neck Injury From a Car Accident in New York?

Can You Sue for Neck Injuries After a Car Accident in New York?

A car accident in New York can leave you with neck pain, stiffness, and mounting medical bills. You may be feeling overwhelmed and uncertain about the future. At Lever & Ecker, Our New York car accident lawyers understand the challenges you are facing, and we want you to know that you are not alone. We are here to listen to you, guide you, and take care of what needs to be done as soon as possible.

No-fault insurance in New York only covers basic economic loss, such as medical bills and some lost wages, but you may have lost much more.

If your neck injuries meet New York state’s serious injury threshold as defined in Insurance Law § 5102(d), you may be eligible to pursue a settlement for your neck injury after a car accident in New York. 

At Lever & Ecker, we take personal injury cases very personally. When you have a neck injury from a car accident, you can count on us to fight for full compensation and treat you like family during your time of need.

Injured in a Car Accident? Contact Our Team Today

Common Types of Neck Injuries in Car Accidents in New York

Neck injuries are common in car accidents, and their effects can range from temporary discomfort to long-term pain and disability that disrupts your daily life. Neck injuries in car accidents can damage bones, discs, and nerves, and the effects often go beyond the neck. Even neck injuries labeled as “minor” can cause chronic pain, lifelong impairments, and the need for long-term treatment. Awareness of the common types of neck injuries can help you understand your medical and legal options.

Whiplash

Whiplash is the sudden and rapid backward and forward movement of a person’s head during a collision. It can cause tears in the tendons and ligaments of the neck and is also known as a neck strain or sprain. Severe whiplash can cause broken vertebrae and disc damage in the cervical spine.

Herniated Discs

The cervical spine is the top seven vertebrae of the spine, all of which are located in the neck. Each vertebra is separated by a protective cushion known as a disc, which absorbs shock. Each disc has a soft, spongy inner core surrounded by a tough outer wall. A herniated disc occurs when the outer wall is damaged, and the soft inner material pushes through. It is a painful condition.

Cervical Fractures

Also known as a broken neck, a cervical fracture is a cracked, broken, or shattered vertebra in the top seven layers of the spine. A cracked or broken vertebra can swell and compress the spinal cord, causing temporary or permanent damage. In some cases, a broken or shattered vertebra can puncture or sever the spinal cord, causing permanent damage with severe effects.

Cervical Nerve Compression

Cervical nerve compression, or cervical radiculopathy, occurs when nerves in the neck are compressed or irritated.

Common Symptoms of Neck Injuries After NYC Car Accidents

Neck injury symptoms may not appear until hours or days after a collision. Seek medical attention immediately after an accident, even if you feel fine. Any delay in seeking treatment can make it more difficult to connect the injuries to your car accident, putting your health and legal case in jeopardy. Early treatment can prevent long-term complications and provide important evidence your attorney will need to prove your injuries stem from the accident. The symptoms below could indicate that you suffered a neck injury from the auto accident:

  • Neck tenderness
  • Muscle spasms
  • Swelling
  • Bruising
  • Headaches
  • Dizziness
  • Pain, numbness, or tingling in the shoulders, arms, hands, face, or upper back
  • Stiffness
  • Limited range of motion
  • Paralysis
  • Inability to breathe without a ventilator or tracheostomy
  • Inability to cough
  • Muscle weakness
  • Pain in the sides of the neck
  • Difficulty swallowing
  • Hoarseness
  • Vision problems

Types of Car Accidents That Cause Neck Injuries in New York

Neck injuries are especially common in rear-end collisions due to the sudden forward motion that typically occurs in these types of accidents, which causes the head to violently move forward and backward. However, neck injuries can occur in all types of car accidents, including:

Our experienced New York car accident attorneys are here for you regardless of what type of car accident hurt your neck. We handle all types of cases and treat every client like family.

Long-Term Consequences of Car Accident Neck Injuries

Even with treatment, neck injuries can cause long-term complications that affect your strength, mobility, and quality of life. You could experience chronic nerve pain, permanent paralysis, breathing problems, weakness, tingling, and loss of sensation. Many neck conditions, such as pinched nerves and herniated discs, require surgery years after the accident.

You may be unable to resume your regular work duties or participate in activities you used to enjoy. You may not be able to play with children or grandchildren, attend social events, or drive. Your quality of life could be permanently reduced because of chronic pain and disabilities.

Car accident compensation for neck injuries can include future medical expenses and pain and suffering. Our attorneys are committed to giving your case the individualized attention it deserves and pursuing full and fair compensation for your injuries and other damages.

Avenues to Compensation After a Neck Injury in a Car Accident in New York

When you are injured in a car accident in New York, your no-fault insurance covers you regardless of fault. New York requires every driver to carry at least $50,000 in Personal Injury Protection, but you can purchase more and receive additional coverage. However, no-fault insurance only covers basic economic losses, such as medical expenses and some lost wages.

New Yorkers injured by other people’s negligence have often lost much more than the sum of their medical bills and wages. Fortunately, you have the right to sue an at-fault driver after a car accident if you have a qualifying injury. 

Under New York’s Insurance Law § 5102(d), your neck injury may meet the serious injury threshold, which includes a fractured bone (for example, a broken neck), a permanent loss or significant limitation of use of a body organ or system, permanent consequential limitation of a body organ or member, or a medically determined non-permanent impairment that prevents you from performing your usual and customary daily activities for at least 90 of the first 180 days after the collision.

Compensation typically comes from the driver’s liability insurance. You can also pursue compensation from other at-fault parties, such as government entities, vehicle manufacturers, and employers. We are dedicated to recovering full compensation for your injuries. We will do a thorough investigation and identify all responsible parties.

What Damages Can You Recover for Neck Injuries in a Car Accident?

Damages for neck injuries in a car accident may include economic and non-economic damages. Economic damages are compensation for your monetary losses. Non-economic damages are compensation for intangible losses not easily measured in dollars. See the table below for examples of economic and non-economic damages.

Economic DamagesNon-Economic Damages
Current and future medical billsCurrent and future pain and suffering (including any surgeries)
Rehabilitation costsLoss of bodily functions
Lost wagesLoss of society
Lost earning capacityLoss of enjoyment of life
Domestic servicesImpairment
Property damageEmotional distress

Get Legal Help After a Car Accident in Westchester County

How Lever & Ecker’s New York Car Accident Lawyers Help?

When you choose us, you get big-firm service with a small-firm approach. With over 70 years of combined experience, our award-winning attorneys will treat your case as the most important thing in our office, providing you with individualized attention while we pursue maximum results. 

Your job will be to focus on your medical treatment and recovery, while we handle all of your legal details, including:

  • Investigate the accident to identify all of the liable parties
  • Work with medical experts to link your injuries to the accident
  • Retrieve your medical records to prove the severity and costs of your injuries
  • Negotiate with the insurance companies and refuse to accept less than you deserve
  • Represent you at trial, should a trial become necessary

We deeply value proactive, open communication and will stay in close contact with you through every step of your case.

Get a Free Consultation for Your Car Accident Neck Injury Case

If you have suffered neck injuries in a New York car accident, contact our award-winning New York car accident lawyers as soon as possible. You must act quickly to protect your rights, as the New York car accident statute of limitations requires you to file your lawsuit within three years.

Whether you need us to come to your home, hospital bed, or elsewhere, Lever & Ecker is there for you in your time of need. We charge no fees unless we win, and offer our services in English and Spanish. Contact us online today or call our New York office nearest you for a free consultation:

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