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Countless people are injured in car crashes every year. A common injury that results from both low- and high-speed wrecks is whiplash. While most people consider whiplash a minor injury, it can lead to high medical bills, lost time from work, and much pain and suffering.
You may be entitled to compensation if another party’s negligence caused your injury. To determine your eligibility, contact a whiplash injury lawyer in Dallas. The team at Lovins Trosclair is dedicated to helping car crash victims prove liability and recover the compensation that they deserve. Call us today to schedule a free consultation: 214-484-1930.
What causes whiplash?
Whiplash can happen after many types of accidents, but it is especially common in car wrecks. This is because whiplash results from the quick, back-and-forth snapping motion that a neck makes during many car collisions. We call it whiplash because the motion the neck makes is similar to a “whip crack.”
In many cases, when another vehicle collides with your car, your head will press back into your headrest. Then, when the car stops, your head will fall forward quickly, overextending the neck. This snapping motion can cause serious damage to your vertebrae, intervertebral discs, nerves, tendons, ligaments, and muscles.
Although most cases of whiplash occur after rear-end collisions, people can suffer whiplash during head-on collisions, side swipes, and rollover crashes too.
How do I know if I have a whiplash injury?
You may have whiplash if you experience headaches, pain, dizziness, numbness, tingling, or limited motion in your neck and shoulder areas after a car crash. In many cases, you will not feel symptoms for a day or two after the crash.
If you suspect that you suffered a whiplash injury, you should seek medical attention immediately. Although the initial symptoms may be mild, your condition could worsen over time.
By seeking medical attention right away, you are taking the first steps towards protecting your legal rights to recover compensation from the driver at fault. If you wait too long after the wreck, your doctor may be unable to link your injuries to the car crash, which could hurt your chances of winning a whiplash claim.
Who is liable for my whiplash injury?
If another driver caused your car accident, you can hold that party responsible for your whiplash injuries. For example, if a driver behind you failed to stop at a red light and rear-ended your car, s/he will have to pay for the costs of your whiplash medical treatment.
Unfortunately, proving that the other driver was responsible for your car accident can be difficult. Additionally, you must prove that your injuries resulted from the car accident and were not pre-existing.
Proving Liability for Whiplash
When you file a claim for whiplash damages, you and your attorney will need to establish that the other driver was at fault. This means proving negligence. To establish that the other driver was negligent, you will need to prove four elements:
Duty of Care: All drivers owe other drivers and pedestrians a duty of care to follow traffic rules and keep their vehicles in reasonably safe conditions.
Breach of Duty: If a driver breaks traffic rules, such as running a red light or speeding, this is a breach of his/her duty of care. To establish a breach of duty, you will need evidence such as a police report, eyewitness testimony, photos, and surveillance videos.
Causation: After establishing that the other driver breached his/her duty of care, you must also prove that the breach caused your injuries. If your injury was preexisting or if you suffered the injury in some other way, your claim will be unsuccessful.
Damages: Finally, you must prove that your injuries and other damages are real and measurable. Basically, this means you need medical proof of your injuries from a doctor.
We will examine your case and determine what evidence it might require. Our relationships with medical experts and accident reconstructionists allow us to prove how your accident and injury occurred as well as how your whiplash injury affects your daily life.
What can I recover for my whiplash injury?
In general, it takes months before a person recovers from whiplash. During the recovery process, many people must take medications and muscle relaxers, complete physical therapy, and possibly even undergo surgery. Some people never fully recover from whiplash and suffer from permanent pain or nerve damage.
Treatment for whiplash almost always includes rest, which means time off work. This leaves many people unable to pay their whiplash medical bills because they are not receiving a paycheck.
Fortunately, if your case is successful, you will be entitled to compensation for the following:
Medical expenses: You could receive compensation for your past due, current, and future medical expenses. This includes the cost of over-the-counter and prescription medications, doctor’s office visits, medical treatments, physical therapy, and surgery.
Lost wages: If your whiplash injury prevents you from being able to work, you can recover compensation for your lost wages. You can also recover compensation for lost earning capacity.
Noneconomic damages: Whiplash injuries can make it difficult to get comfortable, enjoy time with friends and family, engage in your favorite hobbies, or even sleep. You might be able to recover compensation for mental anguish and pain and suffering.
Valuing Whiplash Damages
In addition to proving liability, you must also establish damages and then put a value on them.
To recover the highest compensation award possible for your medical expenses, you will need to submit medical bills and a doctor’s medical evaluations of your injuries. We will work with a medical expert to get an accurate value of your medical expenses.
To establish lost wages, you will need to provide the at-fault party with paystubs, W-2s, or tax returns. Proving lost earning capacity is more complicated, but we will work with a financial expert to determine what you would have earned had you not suffered a whiplash injury.
Valuing noneconomic damages is difficult because there is no tangible proof of costs, such as receipts; however, our experienced whiplash attorneys can help determine the value of your pain and suffering and mental anguish.
Whiplash Injury Lawyer in Dallas
At Lovins Trosclair, we know that a whiplash injury can turn your life upside down. At a time where you a facing expensive medical bills and car repairs, do not try to take on the other driver and his/her insurer alone.
Let us fight on your behalf. We will do everything in our power to prove that the other party was at fault so that you get the compensation you deserve. Call our Dallas office today at 214-484-1930 to schedule a free consultation.