Whiplash injuries can be life-changing, often leading to pain, medical expenses, and missed work. If you suffered a whiplash injury in New York and someone else’s carelessness caused it, you may decide to file a lawsuit. Understanding what happens during the legal process can make things less stressful. This explanation will help you see how these cases work and what to expect along the way. At, Andrews, Bernstein & Maranto, PLLC, we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding Whiplash Injuries and Their Impact
Whiplash happens when the neck is suddenly forced forward and backward, causing strain or tears in the muscles and tissues. It is a common injury in car accidents, but it can also occur in falls or other sudden impacts. At first, you may only feel mild soreness, but over time, the symptoms can become worse. Many people experience headaches, dizziness, trouble moving their necks, or even ongoing pain that disrupts daily life. These injuries often require medical care like physical therapy, pain medication, or even surgery. The costs of treating a whiplash injury can add up quickly, and these expenses often motivate people to seek compensation through a lawsuit.
Starting the Legal Process for a Whiplash Injury
When you decide to file a lawsuit for a whiplash injury in New York, the first step is hiring a lawyer who can help guide you through the process. Once you have legal help, they will start by investigating your case. This means gathering medical records, police reports, and other evidence that shows how the accident happened and who is responsible. Your lawyer will also work to show how the injury has affected your life. This might include collecting proof of missed work, medical bills, or statements from your doctor about your recovery needs.
After gathering this information, your lawyer will file a legal document called a complaint. This document explains your case and what compensation you are asking for. It is filed with the court and officially starts the lawsuit. Once the complaint is filed, the person or company you are suing, called the defendant, will respond. Their response might accept some claims, deny others, or even suggest that you were partly responsible for the accident.
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Discovery Phase in a Whiplash Injury Lawsuit
Once the lawsuit begins, both sides will enter a phase called discovery. During this time, lawyers for both sides collect more information to support their arguments. This can include sharing documents, interviewing witnesses, or asking each other written questions.
You may need to answer questions from the other side about the accident, your injury, and how it has impacted your life. Sometimes, you will be asked to participate in a deposition, where you give statements under oath. This step can seem intimidating, but your lawyer will help you prepare so you know what to expect.
Discovery is an important part of the lawsuit because it gives both sides a clear picture of the evidence. It can also help them see the strengths and weaknesses of their cases, which sometimes leads to an agreement before the case goes to trial.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.” - Jane D.
Negotiations and Settlement Offers
Many whiplash injury lawsuits are resolved before they reach the courtroom. During the legal process, there will likely be opportunities to negotiate a settlement. A settlement is an agreement where the defendant agrees to pay a certain amount of money, and in return, you agree to drop the lawsuit.
Your lawyer will help you decide if a settlement offer is fair. They will compare the offer to the costs of your medical bills, lost wages, and the pain you have experienced. Accepting a settlement can save time and money, but if the offer is too low, your lawyer might recommend continuing to trial.
Settlement negotiations can happen at any point in the lawsuit. Sometimes, both sides agree during informal talks, while other times they may use a process called mediation. Mediation involves a neutral person who helps both sides reach a fair agreement. If a settlement cannot be reached, the case will move forward to trial.
What Happens During a Trial
If your case goes to trial, it will be heard in front of a judge or jury. Your lawyer will present evidence and argue your case, while the defendant’s lawyer will do the same for their side. You may be asked to testify about the accident and how your injury has affected you. Other witnesses, like doctors or accident specialists, may also testify to support your case.
Trials can take a few days or several weeks, depending on the complexity of the case. After both sides present their arguments, the judge or jury will decide whether you should receive compensation and, if so, how much.
Going to trial can feel overwhelming, but your lawyer will be by your side every step of the way. They will make sure your case is presented clearly and will handle the legal procedures so you can focus on your recovery.
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Receiving Compensation After a Whiplash Injury Lawsuit
If you win your lawsuit or agree to a settlement, the next step is receiving compensation. The amount you receive depends on the details of your case. Compensation can cover medical expenses, lost wages, and pain and suffering.
It is important to understand that receiving your money may take some time. If the case was decided in court, the defendant may have the option to appeal the decision, which could delay payment. In settlement cases, the process is usually faster, but paperwork still needs to be completed before you can receive your compensation.
How Long Does a Whiplash Injury Lawsuit Take?
The length of a whiplash injury lawsuit varies depending on several factors. If the defendant denies responsibility or if there are disputes about the severity of your injury, the case may take longer to resolve. Some cases are settled within a few months, while others take a year or more.
Your lawyer will keep you informed about the timeline and work to resolve your case as efficiently as possible. While waiting can be frustrating, taking the time to build a strong case can make a big difference in the outcome.
Verdicts & Settlements
The Importance of Legal Guidance in Whiplash Injury Cases
Navigating a whiplash injury lawsuit can be challenging, especially when you are trying to recover from your injury at the same time. Having a lawyer on your side ensures that your case is handled properly and that you have someone advocating for your rights. From filing paperwork to negotiating settlements, legal help can make the process less stressful and increase your chances of a fair outcome.
Every case is different, and your lawyer will work to understand your unique situation and goals. Whether your case ends in settlement or goes to trial, they will fight for the compensation you deserve.
If you have suffered a whiplash injury in New York and are considering legal action, Andrews, Bernstein & Maranto, PLLC is here to help. Our experienced legal team understands how to guide clients through the challenges of a personal injury lawsuit. We will work tirelessly to ensure you receive the compensation you need to recover and move forward. Reach out to us today to schedule a consultation and take the first step toward justice.