When an auto wreck is mentioned, most people imagine catastrophic injuries and fatalities. While it is true that many traffic accidents involve serious injuries and deaths, not all of them do. Sometimes people escape unhurt, while others sustain minor injuries such as cuts and bruises. However, there is also a unique type of injury referred to as whiplash. This injury occurs when the neck area is suddenly shoved in a backward and forward movement. Though non-fatal, whiplash injuries can result in untold pain and suffering, especially when the range of motion in the neck area is limited.
Seeing a doctor is essential in managing whiplash injuries. The tissues and ligaments around the neck may tear, so there is a need for prompt medical evaluation and treatment. Severe cases may leave the injured person unable to go back to work or even care for themselves. The reliance on third parties such as home caregivers always comes at a price that medical insurance coverage does not cover. As a result, you may have to incur out-of-pocket expenses. This is where the need for a knowledgeable Houston whiplash lawyer comes in. With our reputable team of personal injury attorneys, you could achieve monetary compensation for your injuries and the resulting damages.
According to the Centers for Disease Control (CDC), over 3 million people get whiplash every year in the United States. This roughly translates to about 340 cases an hour. Children and women are at more risk of whiplash than men. Additionally, people with existing health conditions such as spinal injuries are equally more vulnerable. A whiplash injury attorney in Houston could help an injured individual pursue compensation for their losses.
Injuries sustained in an accident caused by negligence are compensable. To get the money they deserve, injured people have to file a personal injury claim against the responsible parties or their insurance companies. Although the clauses in insurance policies outline how settlement works, insurance companies are known to change the rules to suit them when need be. A popular way some do so is by acting in bad faith. For instance, they may deny a claim, or lower the amount payable as settlement regardless of how straightforward the losses are. Before deciding to settle a case, it is vital to consult a seasoned attorney. They could negotiate a settlement for losses including but not limited to:
If an out-of-court settlement is not reached, the next option would be to proceed to court. However, not so many cases get to this point. A formal petition is filed in court within the jurisdiction. The accused party, now the defendant, answers back accepting or denying the allegations against them. With a date and venue in place, court proceedings formally begin.
Picking the right legal team matters. For best results, retain a trial-tested Houston whiplash injury attorney with a proven track record representing clients in court.
Seek medical evaluation immediately after an accident. This way, serious and minor injuries can be discovered and treated. Some of the signs of whiplash injury include:
Prompt medical evaluation helps control the situation before it gets out of hand. This way, injuries are treated and further complications prevented. Remember to document the treatment process as well as keep the records since the success of a claim hinges on how much proof is available. A dedicated Houston whiplash injury attorney can collect all relevant evidence for their negotiations with the insurance companies.
Texas is a comparative negligence state. This means that fault is shared between the parties involved, and a person may still be entitled to compensation even when they are partially to blame. However, the injured person’s fault must not exceed 49%. The question of fault may take a lot of time to get answered, thus prolonging the compensation process. Remember to file a case within the two years stipulated by the Texas Statute of Limitations.
To settle with insurance companies, a claim must be brought forward within the time stipulated under the insurance coverage. Connect with a Houston whiplash attorney for more guidance.
A whiplash injury may seem minor at first, but its consequences can be catastrophic. Different aspects of your life may be affected. When someone else is responsible for your pain, a Houston whiplash lawyer could hold them accountable. Call us today to schedule a free case assessment.