Whiplash is an injury to the neck caused by rapid, forceful back-and-forth movement. Muscles, nerves, discs, and tendons are mostly affected. Victims experience pain and a limited range of motion, among other symptoms.
When negligence results in these injuries, victims are entitled to legal action for compensation. However, because these injuries are often misunderstood, many find it challenging to pursue a claim successfully. Fortunately, our experienced La Porte whiplash injury lawyers may help. Reach out today to learn more from our skilled personal injury attorneys.
Causes & Signs of Whiplash
Whiplash injuries are generally associated with forceful trauma to the neck. This can result from rear-end collisions, motorcycle accidents, falls from heights, head-on collisions, bicycle accidents, and workplace accidents. Some signs and symptoms are always immediate. However, it could also take days or weeks to manifest.
The most common signs of whiplash injuries, according to the Mayo Clinic, are:
- Blurred vision
- Headaches
- Facial pain
- Dizziness
- Ringing ears
- Jaw pain
- Neck stiffness
- Limited range of motion (in the neck)
- Changes in mood or memory
One or more of these signs and symptoms may indicate whiplash. Prompt diagnosis is crucial for promoting recovery and healing. Even if the injuries are not severe, medical evaluation is necessary for your La Porte attorney to file a whiplash injury claim for compensation.
For a free legal consultation with a whiplash injury lawyer serving La Porte, call (832) 449-8230
Importance of Treatment for Whiplash Injuries
Many whiplash injury victims don’t see the need for treatment. In any case, these injuries are not life-threatening and usually heal within days. As any experienced La Porte whiplash attorney would tell you, failing to seek medical attention is a big mistake, especially for injuries that could progressively worsen.
Even if your injuries seem minor, seeing a doctor is essential. First, you may not know the full extent of harm suffered unless a doctor evaluates your injuries. Subtle signs and symptoms can be misleading. Prompt treatment is crucial for enhanced recovery so you can lead a normal life without the pain and suffering associated with severe whiplash injuries.
Another critical importance of seeking medical evaluation for whiplash injuries is protecting legal rights. You may file an injury claim for compensation if the circumstances involved negligence. But to prove your case, evidence must show a duty of care, breach of duty, causation, and damages. A skilled lawyer can compile medical records from your physician to support your case. Insurance companies can exploit delayed treatment as justification for denying your claim.
La Porte Whiplash Injury Lawyer Near Me (832) 449-8230
How Much Compensation Can I Claim for Whiplash Injuries?
Every whiplash injury case is unique. Therefore, the compensation you can secure is tied to the specific damages suffered. The more losses you incur, the higher the compensation you could recover. Understanding the true worth of a whiplash injury claim entails evaluating the immediate and future impact of injuries.
Immediate losses following a whiplash injury include treatment costs, loss of wages, rehabilitation costs, and other out-of-pocket expenses. Depending on the severity of injuries, you may require ongoing treatment and other life adjustments, thus straining your finances. Loss of future income and therapy expenses are additional economic damages you can claim.
A qualified La Porte whiplash injury attorney can also pursue further compensation for non-economic damages. They include emotional distress, pain and suffering, reduced quality of life, and loss of consortium. While these damages cannot be fixed with money or make you whole again, they are vital for bringing closure.
Lastly, you may also be eligible for punitive damages. However, they don’t make you whole again, like compensatory damages. Instead, they are awarded to punish the at-fault party, especially in scenarios where they are found to be particularly negligent in their actions. Additionally, punitive damages are only pursued in a court process where a trial is reached. A courtroom-experienced lawyer can maximize compensation by exploring all possible avenues, including out-of-court settlements.
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What if I Am Partially at Fault?
You may still qualify to file an injury claim in Texas even if you are partially at fault for your injuries. The comparative negligence rule makes this possible. It’s also known as the “51% Bar Rule.” The rule states that anyone pursuing an injury claim must bear 49% or below of the fault. This means you don’t qualify for compensation if you are 51% or more at fault. When eligible for compensation, the final payout is reduced by the percentage of your fault. For example, if you are 30% liable, and a $1,000,000 settlement is awarded, you only receive $70,000 (less 30%).
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Call Our La Porte Whiplash Injury Attorneys Today
Call our firm today to find out if you can file a compensatory claim. Our La Porte whiplash injury lawyers are passionate about helping you get justice for your pain and suffering.
Call or text (832) 449-8230 or complete a Free Case Evaluation form