585.678.4500

Rochester, NY Whiplash Injury Lawyer

If you have sustained a whiplash injury caused by another person’s negligence operating a motor vehicle, and your injury satisfies the New York State “Serious Injury” Threshold (Article 51 of NYS Insurance Law), you may be eligible for financial compensation.

What is a Whiplash?

According to the Mayo Clinic, whiplash is an injury to the neck that occurs when a forceful, aggressive, rapid whipping motion causes the neck to crack like a whip. Sometimes, it is referred to as a neck strain or a sprain. Though those terms cover all neck injuries, whiplash is more specific because of the motion that causes it.

When a whiplash occurs, the neck (cervical spine) moves unnaturally. Hyperflexing and hyperextending can cause discs in the spine, particularly in the neck, to rupture or bulge. Tears may also occur. Sometimes, the roots of the nerves of the spinal cord can become inflamed from being stretched during a car accident.

The most common cause of whiplash injury is when you are rear-ended in your vehicle by another vehicle. If you have suffered whiplash, it is essential to seek medical attention as soon as possible.

Auto accident attorney Bradley Kammholz has spent his career representing accident victims. We’ve been there, seen it, done it. We understand our opponents’ approach to these cases and the steps they use to minimize claims. We know how to overcome their tactics and get positive results for accident victims we represent.

Symptoms of a Whiplash Injury

  • Neck pain
  • Shoulder pain
  • Lower back pain
  • Stiffness in the neck and shoulders
  • Pain that extends to the arms and hands
  • Vertigo
  • Hands and arms may experience numbness
  • Vision can be affected and often blurry.
  • Ear ringing
  • Trouble with mental focus
  • Trouble sleeping
  • Fatigue
  • Loss of range of motion
  • Headaches that typically begin at the base of the skull
  • Numbness and pain in the legs

When analyzing whether a whiplash injury satisfies the “Serious Injury” threshold, the extent of the injury and treatment received will be used to determine whether an injured party is entitled to compensation. At Kammholz Law we have the experience to analyze your medical records and determine whether your whiplash injury satisfies the New York “Serious Injury” threshold in order to obtain the compensation you deserve.

Who is Liable for a Whiplash Injury?

Kammholz Law understands personal injury law and how to determine whether your whiplash injury can satisfy the New York “Serious Injury” threshold under the law. If you are hit from behind by another car, it is not your fault. The driver behind you should have been paying attention and driving more carefully. We are ready to advocate for you and pursue the appropriate damages for your injury by conducting a thorough investigation, such as:

  • We will examine the Police accident report
  • We will speak to witnesses and analyze their testimony
  • We may re-create the accident to get to the bottom of what happened if necessary
  • We will review any digital information that might help, such as photographs, videos, or GPS information.

We will take the information that we gather and build a strong case so that you are compensated for your injuries by the liable person’s insurance company. We will not be satisfied until you receive fair and reasonable compensation for the health and any other damages you have experienced.

Whiplash Injuries Vary

Whiplash injuries can vary in terms of severity. Mild whiplash injuries can resolve within a week, but severe ones can last months or more. If you or a loved one have experienced a whiplash and have suffered from symptoms like pain, stiffness, a decreased ability to move, numbness, and tingling, you may have mid grade whiplash.

More prolonged and severe symptoms could mean that there is damage to the spine, including the discs, nerves and intervertebral joints. These more serious symptoms could satisfy the “Serious Injury” threshold and entitle you to compensation, which Kammholz Law can help you determine.

Statute of Limitations on a Whiplash Accident Claim

It is in your best interest to immediately start the investigation into whether you have a valid personal injury claim after an accident.

In addition, there are time limits called “statutes of limitations” on how long you have to file a personal injury lawsuit in New York. You must bring a formal lawsuit before the statute of limitations expires or you will be forever barred from doing so.

The statute of limitations for your claim depends on who hit you – a private vehicle or State/Municipal vehicle. The statute of limitations can be as short as one (1) year from the date of the accident or as long as three (3) years from the date of accident. You may also be required to file a “Notice of Claim” with the municipality within ninety (90) days of the incident.

Contact Kammholz Law to determine whether you have a claim and the applicable statute of limitations. We are here to help!

Let Us Take It From Here! FREE Consultation!

We’re here to help! To schedule a free consultation, please call us at 585.678.4500 or complete the secure form below.

Paying For Your Personal Injury Case

We Get Paid Only When You Get Paid

There’s no cost to find out whether you have a case. There is also no upfront costs to pursue a case, should you have one. If there is a successful outcome, we receive our costs and a percentage of what you receive called a contingency fee. In New York, the contingency fee for a whiplash injury is one-third (33.3%) of the total damages paid. Percentage is calculated on the net amount after expenses and disbursements are deducted.

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