Ninety Days of Back Pain Results in $50,000 Verdict for Pain and Suffering in New York Car Accident Case Upheld on Appeal


New York has a very restrictive law when it comes to winning pain and suffering damages in car accident lawsuits. Our so-called No Fault Law was first enacted in 1973 and was designed to weed out frivolous claims and limit recovery to significant injuries. In return, car accident victims received some guaranteed medical and lost wage benefits, regardless of who was at fault.

Now, many whiplash cases are being dismissed before or at trial because judges and juries conclude that plaintiffs’ injuries do not meet the minimum test of seriousness required under the statute.

Whiplash is a non-medical term used to describe back and neck pain following soft tissue and intervertebral disc injuries in the spine caused by abnormal motion or force that makes the spine whip back and forth.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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