You can sue for whiplash if it was caused by the negligence, carelessness, or recklessness of another person or entity. The costs you incur to diagnose and treat whiplash are recoverable from the at-fault party. You can also recover the costs associated with your recovery. These can include loss of income, pain and suffering, and a range of additional expenses and losses.
A personal injury lawyer in your area can help you document the cause of your injury and identify the at-fault party. Your lawyer can also prepare your case and assess its financial value. They will handle the complex process of negotiating a favorable settlement. If a settlement agreement cannot be reached, your lawyer will also represent you in court.
What Is Whiplash?
Mayo Clinic defines whiplash as a neck injury caused by the sudden, forceful, or repeated snapping of your neck. Whiplash is painful and can be debilitating.
Its characteristic signs and symptoms of whiplash include:
- Pain and stiffness
- Limited range of motion
- Localized headaches
- Shoulder pain and tenderness
- Numb or tingling arms
- Dizziness and fatigue
Some people with whiplash may also experience hearing and vision disturbances, difficulty sleeping, trouble focusing, and irritability. These symptoms are rare but can exacerbate an already painful and stressful injury.
Common Causes of Whiplash
Whiplash can be caused in several ways. You can sue for whiplash if yours was caused by another person’s negligence. Common negligence-based causes of whiplash can include:
- Car accidents (especially rear-end accidents)
- Truck and bus accidents
- Slip and fall accidents
The personal injury lawyer who takes on your case will start by listening to you. Your lawyer will find the important details about your accident and use them to pursue damages for you.
Defining Negligence in Whiplash Cases
To pursue the person or entity whose actions led to your injury, your lawyer will collect evidence that proves negligence. The legal elements of negligence include:
- Duty of care
- Breach of duty
- Causation
- Damages
The evidence your lawyer collects for your case file can include the following:
- Accident report
- Injury photos
- Accident scene photos
- Witness statements
- Expert testimonials
Your lawyer will also collect evidence that proves the costs of your injury and its related expenses and losses. This evidence collection can include employment records and medical bills.
The Costs of Treating Whiplash
Recovering from whiplash can take weeks. In some cases, longer. The recovery process can include prolonged periods of rest and immobilization which can prevent you from working to support yourself. Treatment can also involve:
- Foam cervical collars
- Pain management
- Physical therapy
- Prescription medication
Your treatment plan will be customized to fit your specific needs. It can vary based on your age, overall health, and many other factors. All medical costs associated with your prescribed treatment plan can be recovered as part of your case.
Additional Damages You Can Recover via a Personal Injury Case
Along with your known and anticipated medical bills, your lawyer will request recovery of any income you lose throughout your recovery. You can also recover the following damages:
- Property damage, total loss, or diminished value
- Lasting physical impairment or disfigurement
- Physical and emotional pain and suffering
Your lawyer will carefully assess your damages before creating a demand letter on your behalf. They will also negotiate with the at-fault party and their insurance provider. Your lawyer will fight hard to achieve the best possible outcome for you.
Do I Need a Lawyer to Sue for Whiplash?
A personal injury lawyer can streamline the financial recovery process. Your lawyer will conduct a thorough investigation into your accident. They will use the weight of the evidence they collect to steer your case toward a settlement. They will also handle the back-and-forth exchange of offers.
The final decision to accept or decline a settlement is yours to make. Your lawyer will help you make a well-informed decision.
Do Not Wait to Sue for Whiplash
Your state will impose a time limit on your right to file a lawsuit. As your lawyer will explain, the statute of limitations is a mandatory part of your case. It is also complicated. The statute of limitations can fluctuate based on various circumstances of your accident.
Failure to comply could mean you inadvertently relinquish your right to file your lawsuit at all. You can avoid this costly consequence by entrusting your lawyer with this responsibility.
Get a Free Evaluation of Your Whiplash Case
If you or someone you love suffered from whiplash caused by a negligence-based accident, you could be entitled to financial recovery. Our personal injury lawyer will help you sue the at-fault party for the costs associated with your whiplash injury.
Contact one of our case evaluation team members at D. Miller & Associates, PLLC® to start building your case today.
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