If you are reading this, it’s likely you or someone close to you has been in a car accident in New York and is now dealing with whiplash. You may also have a medical condition that existed before the accident. You’re probably feeling worried and unsure of what to do next. That’s a normal reaction. The legal process can feel confusing, especially when your health and your future are at stake. We understand what you’re going through. Our law firm is here to support you and guide you through this difficult time with care and understanding.
Robert Friedman
Michael Ranzenhofer
Sam Alba
Justin Friedman
John Dracup
What Whiplash Means After a Car Accident
Whiplash is one of the most common injuries after a car crash. It happens when your head is quickly thrown back and forth. This sudden movement can hurt your neck, shoulders, and upper back. Many people feel pain, stiffness, headaches, or trouble moving their neck. Sometimes the symptoms show up right away. Other times, they take days or even weeks to appear.
Whiplash can range from mild to severe. For some, it may heal in a few weeks. For others, it can last much longer and even lead to chronic pain. Every case is different, and how your body reacts depends on many things, including your health before the accident.
How Pre-Existing Conditions Affect Your Claim
A pre-existing condition is a health issue you had before the accident happened. This could be something like arthritis, past neck or back injuries, or old sports injuries. If you already had pain or limited movement in your neck or back, a car crash could make those problems worse.
When this happens, it may feel harder to make a claim. You might worry that the insurance company or the other driver will say your pain is only from your old injury. But just because you had a condition before doesn’t mean you can’t be compensated now. The law in New York allows you to recover damages when an accident makes a pre-existing condition worse.
The Eggshell Plaintiff Rule in New York
In New York, we follow something called the eggshell plaintiff rule. This rule means that people must be taken as they are. If someone causes a crash, they are responsible for the harm they cause—even if the person they hurt was more fragile because of a past health problem. In other words, the person who hurt you can’t say “You were already hurt, so I shouldn’t have to pay.” The law says they are still responsible for the added pain and suffering you now face.
This rule helps protect people who had conditions before the crash. But proving this can be difficult without the right help. You’ll need to show how the accident made your health worse. That’s why having legal guidance is so important.
Medical Records Matter
Your medical history will play a big part in your case. Doctors’ notes, hospital visits, test results, and records from before and after the accident all help tell the story. These records can show the difference between how you felt before and how you feel now.
Doctors may compare scans like MRIs or X-rays to look for changes. They may explain how the accident caused new damage or made an old problem worse. Your lawyers can use this information to explain to the insurance company or to a judge that your pain is real and that the crash caused it.
It’s also important that you are honest about your medical past. Hiding an old injury can hurt your case. The truth helps your lawyer build a strong, clear claim for you.
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Insurance Companies Often Push Back
Many insurance companies try to pay as little as possible. When they see a pre-existing condition, they may argue that the crash didn’t really cause your injury. They might say your pain is just part of getting older. Or they might use your past medical records against you.
That’s why it helps to have someone on your side who understands how to fight back. Your attorney can show how your condition was made worse by the crash. They can prove that you were doing fine before the accident and that the crash caused new or stronger pain. Even if you already had some problems, that doesn’t mean you shouldn’t be helped now.
Whiplash Can Be Serious and Long-Lasting
Some people think whiplash is not a big deal. But for many, it can lead to real, lasting pain. You might miss work, need physical therapy, or take medicine just to get through the day. Some people even need surgery or long-term care.
When you already had neck or back problems, whiplash can make your condition much worse. You might lose more movement or feel more pain than you did before. That can change your life in big ways. You might not be able to work, drive, or take care of your family like you used to. You deserve to be compensated for that loss.
Proving a Strong Case with the Right Help
To win a whiplash claim involving a pre-existing condition, you need to show how the accident changed your health. You don’t need to prove that you were perfectly healthy before. You only need to show that your condition got worse because of the crash. This is called aggravation of a pre-existing condition.
Your lawyer can collect the right evidence, work with doctors, and speak to insurance companies for you. They know how to tell your story in a way that is clear and strong. They can also help you avoid mistakes, like saying the wrong thing to an adjuster or missing deadlines for your claim.
Time Limits Matter in New York
In New York, you don’t have forever to file a claim. There are time limits called statutes of limitation. For most car accidents, you have three years from the date of the crash to file a lawsuit. If you wait too long, you might not be able to get help at all.
That’s why it’s important to speak to a lawyer as soon as you can. The sooner you act, the easier it will be to gather records, speak to doctors, and make sure your rights are protected.
You Are Not Alone
If you are dealing with whiplash after a car accident, and you already had a health problem before, you might feel like no one believes you. But your pain is real. Your life has changed. And you have the right to ask for help.
Even if the insurance company tries to blame your old condition, you can still get the support you need. It’s not fair for you to suffer more without help just because you were already dealing with a health issue. The law protects you, and there are people ready to fight for you.
We Can Help You Get What You Deserve
At Friedman & Ranzenhofer, PC, we know how to handle cases like yours. We know how to work with doctors, deal with insurance companies, and stand up for your rights. We believe you shouldn’t have to suffer twice—once from your old injury, and again from being treated unfairly after a crash.
We understand that this is a hard time. You may be in pain, worried about money, or unsure what to do next. That’s why we are here. We will guide you step by step. We’ll listen, explain things in simple terms, and fight for the outcome you deserve.
If you’re dealing with a whiplash injury after a car accident in New York and have a pre-existing condition, contact Friedman & Ranzenhofer, PC today. Let us help you get the results you need to move forward.