Legal Question in Personal Injury in New York
Whiplash
I was rear-ended by and out of state female driver, who only minutes prior to rear-ending me had been anonymously reported (and was subsequently ticketed for) erratic driving.
I was stopping to make a left hand turn. My neck hurts and is stiff, I have ringing in my ears, and a headache.
What advice can you give me? Aside from the damages to my car, how much can I ask of the insurance company for my pain and suffering, punitive damages?
(12-28-01 3:00pm daylight, dry pavement.)
Thank you.
P.s. as i was making the left hand turn, i was pulled far enough over that traffic was able to go around the two disable vehicles on the right.
4 Answers from Attorneys
Re: Whiplash
In a case such as yours, liability appears clear. Now the issue is the amount of damages. The recentness of this incident, coupled with the type of physical complaints that you exhibit, seem to indicate neuological problems that may not yet have run their course.
First things first, report the accident to your own insurance company for No Fault purposes (your car insurance pays this because it is NO fault). When the papers are filled out by you, do not state whiplash -- you are not a physician--just list your physical complaints. Next, go to a doctor. Take care of your health.
As for how much you can sue for, that is pure speculation at this point because the nature of your injuris are not yet medically known.
In the event that you have any questions, please feel free to contact me at any of the following numbers: 212-764-5428 or 914-769-0796 or 845-878-2163.
Good Luck
RRG
Re: Whiplash
Unless you can pass the threshold of what the law considers a permanent injury, you will not be able to ask anything from the insurance company for your pain and suffering, or anything else.
All of your economic losses will be covered by No Fault, but you must file a claim with No Fault.
Please call me to schedule a free confidential consultation.
Re: Whiplash
What STate did the accident happen in?
Not Whiplash
No such thing, however: To fullfill the NY No-fault law threashold, You need a permanent injury from the accident, please see a Doctor for review immediately. A list of Drs. is available from our office if you do not have one.
If no permanent injury you need to be out of work for 90 of the next 180 days.
The amount of recoevery is based upon your injury and is recovered from the other insurance company, unless the other car hit and ran or has no insurance.
Contact a doctor and an attorney immediately.
Do not sign insurace company releases or forms without at least a consultation [free from us up to 0.5 hours] with an attorney!
Fromartz Law Offices
718 855 7675
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