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Passenger in car standing still ,hit from behind had neck problems in the past now it is worse. Do I have a case?I was a passenger in a car stopped waiting to make a turn when we were hit from behind and pushed off the road I had my seatbelt on but it felt like my neck snapped. I had real whiplash for sure. The problem is I had previous neck problems in the past. I now have terrible neck pain down to my shoulder. I want to know if I have a case. It has caused me much time and pain going to therapy . Attorney answers (3)
Seems clear to me you have a case against the driver that hit the car in which you were seated. You should consult a New York lawyer right away.
Not legal advice as I'm not licensed in New York. If you need legal advice (Hint: YOU NEED LEGAL ADVICE), please consult a lawyer who holds New York licensure and represents plaintiffs in personal injury auto claims.
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Reputation Level 20
Answered over 2 years ago.
Litigation Lawyer in New York, NY.
If you live outside of the NYC-Long Island area, please access the avvo lawyer's directory for attorneys who practice personal injury law near you. If you live in the NYC--Long Island area, my law firm will be happy to provide a legal consultation with you at no cost on your chances of winning a lawsuit in NYS.
On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you: Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems; Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..………………………….. New York City: A Guide to the Courts…………………………………….. How New Jersey Handles Automobile Accidents (similar to NYS rules). Our law firm may be able to assist you in this legal matter. You can access our contact information at our website: www.sarnoanddefelice.com or my avvo profile. FYI my law partner James DeFelice practices personal injury law in NYS. You can access his contact information on his avvo profile or on our firm’s website: www.sarnoanddefelice.com LEGAL DISCLAIMER………………………………………………………………….. Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue. 
Reputation Level 13
Answered over 2 years ago.
Personal Injury Lawyer in White Plains, NY.
The other driver was definitely at fault, but in New York that is only half the battle. You need to prove you have a serious injury as defined by New York law. You need to go see your doctor right away. You should definitely have new MRIs and compare the films to the old MRI. If there is a new injury or if an old injury was made worse in a noticeably way, you may be able to sue. The most important thing at this stage is getting your injuries documented. Also make sure you fill out the no fault application within 30 days or your insurance carrier will try to deny paying for your medical treatment.
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