How Much Compensation Can You Claim For Whiplash After A Car Accident?
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In a whiplash injury claim, a person files a lawsuit to seek compensation after an accident that was not their fault. As a common injury sustained in car accidents, a car accident lawyer helps those who have sustained whiplash focus on their recovery while they work on seeking settlement for their injuries.
How Much Is My Case Worth?
If you have been involved in a car accident or other situation in which you have suffered whiplash you may be wondering what compensation you may seek and how much your claim is worth. Such compensation may cover your current medical expenses, as well as your future medical treatment. When estimating the potential value of your claim, there are some areas that need to be taken into consideration. Common areas of compensation for claims involving whiplash injuries include:
If you received medical care resulting from your whiplash injury, then the person who is determined to be at fault will usually be instructed by the courts to pay any costs associated with that medical care. This can include ambulance costs, hospital fees, physical therapy, and visits to the doctor. It is also important to know that future medical costs may also be recovered from the responsible party.
If the injury you suffered caused you to miss work, you may be able to recover payment for the time you missed. If your injury is determined to be extremely serious, resulting in a permanent disability, you may be able to recover lost wages throughout your future career.
Pain and suffering
Pain and suffering is a term in personal injury cases that goes towards the fact that the injury sustained was painful. This area of compensation is usually the largest variable and is usually determined by the discretion of the jury.
If it is determined that the responsible party was especially negligent, then the court may assess punitive damages. These punitive damages are awarded with the intent to punish the responsible party for their actions.
One of the most critical things to remember is that compensation for each whiplash injury claim varies depending on the specifics of each different claim. With this in mind, it may be beneficial to contact an experienced personal injury attorney to receive a more accurate estimate. Consulting with an experienced personal injury attorney will allow you to determine your options, knowing the chances of certain outcomes.
How to make a Whiplash Injury Claim
1. Medical Attention
After your accident, seek medical attention immediately. This is not only import and for your health, but also your case as you will need medical records to prove your injuries if you seek compensation.
2. Contact An Attorney
Speak with an attorney to discuss your next steps. Navigating the legal process alone can be stressful. An attorney will have the people, processes, and resources necessary to help you seek the maximum compensation you deserve.
Your attorney will then conduct a thorough investigation into your accident. In doing so, they will likely collect witness statements, photos of your injuries, and the scene of the accident, details of the other driver, medical records, and detail of any expenses incurred by you. They will do this to build the strongest case possible for you.
4. Negotiation and Settlement
Once they have built your case, your attorney will move to negotiation with the person at fault for your accident. Once an agreement is reached, your attorney will settle your case and walk you through the process of receiving your settlement check. The majority of cases do not see the inside of a courtroom as they are settled before having to go to trial. However, if your case does proceed to trial, you don’t need to worry. Your attorney will be with you each step of the way to ensure that your best interests are met at all stages.
Legal Time Limits
If you are considering filing a personal injury lawsuit, it is important to remember that such lawsuits have time limits. The time limit associated with personal injury lawsuits is called its "statute of limitations." This statute of limitations sets a very strict time limit on when you are allowed to file a lawsuit. Filing outside of this timeframe may mean that you will not be allowed to claim at all.
In Austin, the time limit to pursue compensation for whiplash after a car accident is 2 years after the date of the accident. Bear in mind that cases may vary and if you are confused as to how this time limit affects your specific case contact an experienced personal injury attorney as soon as possible. An experienced attorney can walk you through all the information you need to know and make sure that you get your lawsuit filed promptly.
What is a Whiplash Injury?
Whiplash is an injury to a person’s neck that occurs due to unrestrained, quick back-and-forth movement of the head and neck. Fortunately, whiplash is usually not a fatal injury, but it can lead to an extended period of partial incapacity.
Whiplash Injury Causes
Whiplash generally occurs when your head is forced quickly back and forth, causing injury to nerves, ligaments or bones in the neck and spine. Common causes of whiplash injury are:
- Car accidents
- Sports injury
- Physical abuse.
Whiplash Injury Symptoms
After an injury that causes whiplash, signs, and symptoms usually appear within 24 hours. But although 24 hours is the general standard, it is possible that signs and symptoms may appear sooner or later than this time frame. Most common signs and symptoms of whiplash may include:
- Loss of range of motion of the neck
- Neck pain and inflexibility
- Increasing pain with neck movement
- Tingling or numbness of the arms
- Sensitivity or pain in the shoulders, upper back, or arms
- Muscle spasms
Less common, but still possible signs and symptoms of whiplash may include:
- Difficulty concentrating
- Ringing in the ears
- Memory problems
- Sleeping problems
- Vision problems
Tell Zinda Law Group About Your Case
Our Whiplash Injury lawyers have helped thousands of car accident victims seek compensation after an accident that was not their fault. Our attorneys offer you a no win no fee service, meaning that you pay us nothing if we do not win your case.
For a FREE consultation, call us on (800) 863-5312 to speak with a lawyer today.
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