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Whiplash refers to an injury in the neck due to a sudden and forceful backward-and-forward movement. These injuries may be minor, such as soft-tissue damage, or severe, as is often the case with nerve damage.
In extreme cases, the bones around the neck area may be affected. This unnatural positioning and curving of the neck during impact can have lifetime consequences. For example, if the violent forces cause the brain to be shoved inside the skull, traumatic brain injuries may occur.
Many of the circumstances that result in whiplash injuries involve negligence. That’s where an Alief personal injury lawyer can help.
In this case, anyone who suffers such harm has the right to seek compensation for medical expenses, physical pain and suffering, diminished quality of life, lost wages, and more. Lone Star Injury Attorneys’ whiplash injury lawyers in Alief may help you recover these and other damages. Schedule a no-risk case review today.
Claim Process for Whiplash
Claiming compensation for whiplash injury is based on the same concept as other injury cases. As the injured person, or plaintiff, you carry a burden of proof to show that the harm you suffered was foreseeable and that someone else was responsible. Elements of negligence, including duty of care, breach of duty, causation, and damages, must be demonstrated.
Duty of Care
Wherever you are, someone owes you a duty of care. Whether at your workplace, in a vehicle, or on the open road, they must do what is reasonable to avoid causing you harm through their actions or inactions.
This duty is straightforward. For example, motorists have to drive safely with respect to other road users. Premises owners and managers must provide a safe working environment for their workers, and more.
Breach of Duty
When the duty discussed above is not effected, a breach occurs. Depending on your case, this may occur in different ways. For instance, a driver who flouts traffic rules by speeding, running red lights, or driving aggressively behaves in a manner contrary to how a reasonable person would.
In this case, victims have the basis to file an injury claim by arguing that their duty of care was not met by virtue of the other party’s recklessness.
Causation
Demonstrating a breach of duty is not the end. There must be an undeniable link between the breach and the injuries suffered. You carry the burden of proof to show that the harm you suffered was avoidable but for the careless behavior of the other party.
For example, if the driver who rear-ended you was drunk, you must demonstrate how drunk driving impaired their judgment, causing the crash, and how the same would have been avoided had they not been drunk. Proving causation is an arduous process that only a skilled Alief whiplash attorney is best suited to do.
Damages
Damages in a personal injury claim refer to the losses incurred by the injured person following an accident. They may be economic or non-economic.
Economic damages cover losses tied to a specific monetary value, such as lost wages, medical expenses, therapy costs, and lost future income.
On the other hand, non-economic damages account for intangible losses such as physical pain and suffering, emotional trauma, diminished quality of life, and more. Your Alief whiplash injury lawyer must provide proof, such as medical records and invoices showing the injuries and losses suffered.
For a free legal consultation with a whiplash injury lawyer serving Alief, call (832) 449-8230
Do I Sue or Settle?
Again, the decision to sue the at-fault party or settle with insurance companies is yours to make. Of course, an experienced Alief whiplash injury attorney should, first of all, review your case to determine your eligibility for compensation.
If your claim holds water, your whiplash injury lawyer will accurately advise you on what steps to take for compensation. Most personal injury cases are resolved by negotiating with insurance adjusters.
However, you still have a two-year window to file your case in court. You may decide to petition the court directly without negotiating with insurance companies first or proceed to trial as a last resort.
Whatever you decide, a qualified whiplash injury attorney is a great asset you ought to retain. Besides advising you on what to do, he or she will spearhead the compensation process on your behalf so you don’t have to worry about your legal inexperience.
Alief Whiplash Injury Lawyer Near Me (832) 449-8230
Contact a Whiplash Injury Lawyer in Alief Today
If you or a loved one was injured, our Alief whiplash injury attorneys are available to discuss your case for free. Call Lone Star Injury Attorneys today to learn more about your rights and get started on your journey to financial recovery.
Call or text (832) 449-8230 or complete a Free Case Evaluation form
