How Long After an Accident Can You Get Whiplash?
There is no direct answer for how long after an accident you can get whiplash. However, the symptoms may not manifest for days, weeks, or even months after your car accident.
Consequently, it is imperative that you seek medical treatment immediately after a crash, even if you do not believe you sustained any serious injuries.
What Symptoms Might I Experience with a Whiplash Injury?
Whiplash may manifest in one or more of a variety of symptoms. Accident victims with whiplash may experience:
- Severe headaches
- Pain or stiffness in the neck, shoulders, or upper back
- A feeling of “pins and needles” in the arm and hand
- Dizziness or vertigo
- Jaw problems
- Disruption in your hearing or vision
You might also have difficulty with memory, concentration, or sleeping. If you are suffering from any combination of these symptoms, seek medical attention straightaway.
Although you may recover from the bulk of your physical symptoms in a matter of weeks or months, it sometimes takes years. In other cases, car accident victims experience long-term or permanent discomfort.
What Treatment Might I Need for a Whiplash Injury?
In most cases, you will only need:
- Ice
- Rest
- Over-the-counter pain relievers
For more severe cases, you might need physical therapy or even surgery.
Why Does Whiplash Pose a Challenge in Filing an Insurance Claim?
There are three reasons it is difficult to prove whiplash for an insurance claim.
- It is usually not possible to document whiplash on an imaging scan. To diagnose whiplash, your doctor will often rely on your description of your symptoms.
- The symptoms are subjective and can stem from many different things. Without a clear diagnosis, the insurer will likely claim that your symptoms are due to another ailment.
- Symptoms might not appear for weeks.
After an accident, you should seek immediate medical evaluation and treatment. Getting checked out by emergency medical technicians at the accident scene, followed up by a more thorough evaluation from a specialist will help ensure you get the right type of care and treatment.
It will also help to establish the link between your accident and your symptoms, which is the basis for an injury claim. If you wait weeks to get medical attention, it can be difficult for the doctor to determine whether the symptoms stem for your accident or not.
Call Gacovino, Lake & Associates, P.C. to Discuss Your Whiplash Case
The New York statutes give you three years from the date of your car accident to file a lawsuit against the at-fault party. However, the sooner you can get started on filing a claim, the better.
Contact Gacovino, Lake & Associates, P.C. today to learn more about the long-term effects of whiplash and other injuries common to auto accident victims. We offer a free consultation with one of our Long Island car accident lawyers to answer your questions and help you decide on your next step.
Call us today at 800-550-0000 to get started.
How Long Do You Have to File a Class Action Lawsuit?
How long you have to file a class action lawsuit depends on several factors, most importantly the state’s statute of limitations on the type of claim you need to file. Class action lawsuits can stem from a number of incident types, including defective product accidents, personal injuries, and fraud. Each of these types of cases may have a different time limit, depending on the state where we need to file the lawsuit.
Understanding Statutes of Limitations
Each state establishes its own deadlines for filing civil suits. Known as statutes of limitations, these time limits tell you how long you have to pursue legal action against the party who caused your injuries or financial losses. If you miss the deadline, the court will likely inform you that you will be unable to move forward unless there are extenuating circumstances and we can convince it to extend the deadline.
When the Countdown Begins
One of the most complicated parts of a statute of limitations is determining when the clock begins running in your case. For most, the countdown begins the day you suffer injuries or lose money because of the defendant.
Occasionally, though, you may not immediately know you suffered injuries or other harm. When this occurs, it may extend your deadline. If this is applicable in your case, the countdown may not begin until the date you discovered your injuries or when you should have known about the damages you suffered.
Examples of Statutes of Limitations and Exceptions to the Rule
We need to determine where we must file your class action lawsuit before we can know the time limit on filing your case. Then, we need to understand the type of case we are filing. Each type of case has its own deadline. For example, in New York, the statutes of limitations include:
- Two years for wrongful deaths
- Two and a half years for medical malpractice,
- Three years for personal injuries
- Three years for product liability cases
- Six years for fraud
There are also some situations where the state’s statutes of limitations do not apply, and we must act more quickly. For example, if a government agency is liable in your case, we need to file an administrative claim before we can pursue a class action or other lawsuit. The deadline to file this type of claim is often only a number of weeks.
The Role of
Your Class Action Attorney
Class action law is extremely complicated. The statute of limitations is not always straightforward, but we can help you understand the deadline that applies to your case. The best way to ensure your case reaches court in time is to get in touch with a class action attorney who knows the protocol for filing this type of claim as soon as possible.
If you believe you have a strong case for a class action lawsuit, call the legal team at Gacovino, Lake & Associates, P.C. today. You can reach us at 631-600-0000. We offer free consultations, and can evaluate the strength of your case today.
How Long Do You Have to Sue After an Accident?
You have three years to sue after an accident in New York.
However, it is important to note that in most cases, you do not file suit first. You will likely need to file a claim before you sue. So, you must either settle a claim or file suit within that three-year limit.
What Happens If I File a Claim or Suit After the Statute of Limitations Passes?
If you attempt to file suit after the statute of limitations passes, the court will likely refuse to hear your case. In the unlikely event that your case does make it to court, the opposing legal counsel will most likely file a motion to dismiss, thus ending your claim.
Are There Any Circumstances That Might Affect the Time Limit?
There are circumstances that can change or pause the statute of limitations:
No-Fault Claim
New York is a no-fault insurance state. This means that you first turn to your own insurer to recover compensation. To recover compensation from your insurance company, you must file a personal injury protection (PIP) claim. While you have three years to settle what is known as a “third-party claim” (i.e., a claim against another driver) in New York, when filing a no-fault or PIP claim with your own insurer, you have:
- 30 days to submit a written Notice of Claim
- 45 days to submit your medical bills
- 90 days to submit your lost earnings claim
Injury to Minors
Because a minor cannot sue on his own behalf, the clock on the statute of limitations tolls (i.e., pauses) until the minor’s 18th birthday. For example, if you were injured in a car accident at 14, you would technically have seven years to file a claim: the four-year tolling of the statute of limitations until you turn 18, and then another three years for the usual statute of limitations to expire.
(If your minor child has suffered injury due to another party’s negligence, you should not wait until the child’s 18th birthday to begin your claim. It can be much more difficult to get the evidence and testimony you need years after an accident.)
Claims Against the Government
In some cases, your liable party might be a government employee or the government itself (e.g., cases where your accident resulted from improper road maintenance or dangerous road design). Suing the government has very different deadlines. Per Section 10 of the Court of Claims Act, you only have 90 days to file a Notice of Claim and a year and 90 days to file your claim.
Wrongful Death
If you are filing a claim for the death of a loved one in an accident, you only have two years per N.Y. E.P.T.L. § 5-4.1.
Why Is It So Important to Know the Statute of Limitations?
It might seem like you have a long time to settle your case; however, it can take over a year to reach maximum medical improvement or just to receive a prognosis for your injuries. This leaves you with two years to gather evidence, prove your case, and negotiate with the insurance company.
In some cases, injured claimants wait a year or more to get started on their claim. Evidence is harder to obtain as it might have been lost or destroyed; in other cases, eyewitnesses move away and their memories fade. This can make it impossible to file and settle a successful claim within the three-year limit.
Call Gacovino, Lake & Associates, PLLC Now for a Free Consultation
Deciding to file a personal injury claim is not an easy decision. But our team at Gacovino, Lake & Associates, PLLC can help you gather pertinent information you need to put forth a strong case within New York’s personal injury statute of limitations.
Give us a call today to discuss your case with our personal injury team for free: 631-600-0000.
