Millions of Americans suffer whiplash injuries each year. A whiplash injury occurs when trauma suddenly pushes the neck forward and backward, leading to a strain or sprain. Rear-end car accidents are the primary cause of whiplash injuries, though you may suffer the same fate from sports injuries, slips and falls, and physical maltreatment.
If you have suffered a whiplash injury due to another party’s negligence, an El Paso whiplash injury lawyer from Loncar Lyon Jenkins can help you pursue the compensation you deserve.
What To Do After Suffering a Whiplash Injury
Have you been in a car accident that led to a whiplash injury? Consider taking the following steps for health and legal purposes:
- Move your car to clear traffic and prevent further damage
- Record the accident scene; take pictures of collision, property damage, etc.
- Call 911 for the police to come and create an accident report
- Exchange contact information with the other driver and any witnesses
- Seek medical assistance and any follow-up treatment
- Contact a whiplash lawyer for legal counsel
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Identifying Whiplash Symptoms
Whiplash symptoms may show up as soon as you have the accident. Some people’s symptoms will go away after a week when treated with pain relievers. Other people will suffer chronic pain, leading to life-long suffering and diminished quality of life.
Here are the common symptoms of whiplash:
- Neck stiffness
- Pain in the neck, upper spinal cord, and the shoulders
- Lower back pain
- Stinging pain as you move the neck or head
- Blurred vision
- Numbness in the neck, shoulders, and arms
- Ringing in the ears
- Inability to sleep
- Memory loss
- Difficulty focusing due to nerve damage
Diagnosing a Whiplash Injury
If you suspect you have suffered a whiplash injury, the first thing to do before seeking legal help is to visit a doctor. Pursuing a whiplash injury claim needs proof of your damages, and a medical report makes a good case.
The doctor will diagnose your whiplash injury using any of the following procedures:
- Magnetic Resonance Imaging (MRI)
- Computerized Tomography (CT scan)
If the results are positive, you can use the medical report to prove the injury and make a compelling claim. It is vital to follow all treatment protocols; you do not want to be accused of ignoring medical advice when seeking compensation for your injuries.
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Liability in a Whiplash Injury Claim
You are entitled to reimbursement following a whiplash injury caused by someone else’s negligence. In the case of a rear-end collision, you and your attorney can work out the at-fault driver’s negligence. Here are the common causes of rear-end collisions that lead to whiplash injuries:
- Distracted driving
- Tailgating (following too closely to the other car)
- Driving under the influence
- Faulty vehicle parts
- Bad weather
- Poorly maintained vehicle
A whiplash attorney can help you prove the liable party’s negligence, whether it be the other driver, their mechanic, or the car manufacturer for faulty car parts.
Pursuing Compensation in a Whiplash Personal Injury Claim
You have a right to pursue reimbursement for the damages and suffering you incurred following a whiplash injury. However, while it is possible to seek the compensation yourself, it can be challenging to convince an insurance company to pay you.
You stand a better chance with the help of a whiplash injury attorney who will sort out any legal issues on your behalf. Note that the losses you recover will depend on the circumstances surrounding your whiplash injuries, the extent of your injuries, and the liable party’s insurance coverage.
The following are some of the tangible and intangible damages you are entitled to in a whiplash injury claim:
- Emotional distress
- Physical pain and suffering
- Mental disturbance
- Medical costs
- Property damage
- Loss of consortium
- Diminished quality of life
- Loss of earning capacity
How a Whiplash Injury Lawyer in El Paso Can Help You
Texas law does not mandate you seek legal counsel in personal injury claims. However, working on your own and dealing with the insurance company single-handedly can be challenging and draining. The insurance company is a business, not your friend, and they do not care about your injuries. They will do anything to refute your claims or award you an amount less than you deserve.
A lawyer will help you receive the best possible outcome by taking over your case as you focus on recovery. They can help your case move forward with the following actions:
- Filing the legal paperwork
- Answering all your legal questions and giving updates
- Gathering evidence such as obtaining police reports, medical reports, and eyewitness statements
- Proving the negligence of the liable party through a thorough investigation
- Handling the insurance company on your behalf
- Calculating the damages and reviewing settlement offers
- Negotiating the maximum payments for your case
- Representing you in court if the case goes to trial
Texas Law Limits Your Time to Take Legal Action Against the At-Fault Party
According to Texas Civil Practice and Remedies Code § 16.003, you have to file a claim two years after the accident that caused your whiplash injury. This duration is known as the statute of limitations. Failure to file a case within the statute of limitations warrants the insurance company or the court to disregard the case as invalid.
Seek legal help as soon as possible to pursue your compensation within the stipulated time. A lawyer will take over your case to give you a recovery time free from confrontations with insurance agents and legal matters.
Call in the Strong Arm for Help with Your Case Today
Our lawyers at Loncar Lyon Jenkins are determined to get you the compensation you deserve following your whiplash injury. Our priority is to give you the legal assistance you need as you focus on your recovery.
We do not charge any upfront fees. Instead, we work on a contingency-fee basis, whereby you pay us only if we settle or win your case. Contact our El Paso whiplash injury lawyer for a free case evaluation today.