Whiplash Car Accident Lawyers
Whiplash Car Accident Lawyers
It is often painful, uncomfortable, and lasting: a whiplash injury may seem less involved or complex than some other physical injuries that can result from an accident. However, it can cause significant — sometimes chronic — pain and discomfort and lead to monetary damages.If you have suffered a whiplash injury as a result of someone else’s actions, whether it was in a car crash or another type of accident, you need to be aware of your options and protect your legal rights.
What Is Whiplash?
Simply put, whiplash is a neck injury — often called soft tissue injury — caused by sudden back-and-forth movement of the neck. A variety of accidents can cause it, but car accidents are one of its major causes, and rear-end car accidents, in particular, can result in whiplash to its victims.
Both the driver and passengers may experience symptoms of whiplash, from which they may take many weeks or months to recover. Often, whiplash accompanies other personal injuries, including potential head or traumatic brain injuries, back or shoulder injuries, damage to internal organs, and broken or fractured bones, among others.
Symptoms of Whiplash
The most common symptoms of whiplash include the following:
- Neck or shoulder pain or stiffness
- Issues with vision
- Neurological issues, including numbness or tingling
- Disturbance in your sleep
- Issues with memory
How Common is Whiplash?
Because a car accident can jolt or shake the drivers and passengers involved, it is very common for soft tissue injuries such as whiplash to develop after an accident. MedlinePlus explains that whiplash can occur any time the cervical tissue is sprained or strained, such as when the victim’s neck continues to move in an accident while the rest of their body remains stable.
The Mayo Clinic notes that many whiplash injuries are caused during rear-end collisions, though other types of car crashes and accidents can cause whiplash as well.
Treatments for Whiplash Injuries
According to the Mayo Clinic, most people with a whiplash injury get better after a few weeks as long as they follow a treatment plan that includes pain medication and exercise. However, they report there are some people who will continue to suffer from chronic pain after a whiplash injury. That may cause significant changes to the victim’s lifestyle and lead to a decline in their quality of life.
Common treatments for whiplash injuries involve pain medication, muscle relaxants, exercise and physical therapy, rest, and immobilization. Other treatments may involve chiropractic therapy, acupuncture or acupressure, and applying ice or heat to the impacted areas.
Recovering Compensation for Your Whiplash Injury
After a whiplash injury, you may be saddled with medical bills, including the costs of medical visits, a hospital stay, prescription medication, and rehabilitative or nursing care. If you were in a car accident at the time of your injury, you may also have to pay for repair or replacement costs for the damage to your vehicle. You may need to miss work and lose income as a result. You may also incur general damages, such as your pain and suffering, mental anguish, and general quality of life issues, including potentially chronic pain associated with your whiplash injury.
To recover compensation, you will need to prove that the other party is responsible for your injuries, which generally means proving a claim for negligence. This requires four elements:
- Duty. All drivers have a duty of reasonable care to be safe on the road
- Breach of duty. By driving in an unsafe manner and crashing into you, duty was breached.
- Causation. This means that the other party’s actions were directly the cause of your injuries.
- Damages. These are the losses you have suffered.
A negligence claim involving whiplash can be complicated. You must prove all four elements above, including the full extent of your monetary damages. This requires you to collect and provide evidence of the costs you have incurred, such as medical bills, mechanic’s bills, evidence of your missed work and missed income, and other invoices. It will also require you to prove liability, meaning that the other party is responsible for your injuries and damages. The issue of liability is always complex, requiring strong evidence of fault.
An experienced lawyer can help gather that evidence, whether through dash-cam or surveillance camera footage, witness statements, recollections, or other reports. Moreover, they will negotiate with the insurance company on your behalf, which can be a difficult process on your own. After all, the insurance company’s goal will be to minimize your payout, often denying your claim or offering a low figure in compensation.
How Can Johnson Garcia Help With Your Whiplash Accident Claim?
A car accident claim involving whiplash can be hard to prove and can quickly become complicated, particularly when insurance companies are involved and liability and damages are being questioned. An experienced car accident lawyer will help negotiate with the responsible party and their insurance company towards a fair and reasonable settlement, and they can prepare a strong negligence case on your behalf to present in court.
The attorneys at Johnson Garcia have more than 35 years of experience in helping victims of car accidents obtain sizable settlements and resolve their claims. If you’ve suffered a whiplash injury as a result of an accident caused by the negligence of another party, call our Houston-based legal team at Johnson Garcia.
Even when the other party or their insurer is not negotiating fairly, the personal injury attorneys at Johnson Garcia can help, and we will file a lawsuit on your behalf and take your case to trial if needed. We can be reached by phone at 832-844-6700 or contact us online.