Houston Whiplash Injury Lawyer

If you have been in a car accident in Houston, your neck might feel stiff, sore, or painful. This is often a sign of whiplash. While some people think a sore neck is a minor issue, a whiplash injury can cause long-term pain and keep you away from work. You do not have to face the insurance companies alone.

At The Super Lawyer, we help victims of motor vehicle collisions get the support they need. Our goal is to handle the legal stress so you can focus on healing. If another driver’s negligence caused your injury, you deserve fair compensation for your medical bills and suffering.

What Is a Whiplash Injury?

Whiplash is a neck injury caused by a forceful, rapid back-and-forth movement of the neck, like the cracking of a whip. Doctors often call this a cervical strain/sprain or a soft tissue injury. It happens when the soft tissues (muscles and ligaments) in your neck extend beyond their normal range of motion.

Common causes of whiplash in Houston include:

• Rear-end collisions: This is the most common cause. When a car hits you from behind, your head snaps backward and then forward.
• Rideshare accidents: Crashes involving Uber or Lyft vehicles often result in passenger injuries.
• Truck accidents: The force of a large commercial truck can cause severe neck injuries, even at lower speeds.
• Sports incidents: High-impact contact sports can also cause similar trauma to the cervical spine.

Symptoms and Diagnosis: Why Medical Care Matters

One of the biggest risks with whiplash is that you might not feel pain right away. Adrenaline from the crash can hide the symptoms. It is common for victims to feel fine at the accident scene, only to wake up in severe pain two or three days later. This is known as delayed symptoms.

Common signs of whiplash include:

• Neck pain and stiffness
• Worsening pain with neck movement
• Loss of range of motion in the neck
• Headaches, often starting at the base of the skull
• Tenderness or pain in the shoulder, upper back, or arms
• Dizziness or fatigue

If you suspect a neck injury, see a doctor immediately. You may need an X-ray, CT scan, or MRI (magnetic resonance imaging) to rule out other issues like a herniated disc or nerve compression. Seeing a doctor creates a medical record that links your injury directly to the crash. This evidence is vital for your personal injury claim.

Texas Laws on Whiplash and Liability

To get compensation for your injury, we must prove that the other driver was at fault. In Texas, this relies on the legal concept of negligence. This means the other driver had a duty of care (to drive safely) and breached that duty (by speeding, texting, or following too closely), which caused your accident.

Comparative Negligence in Texas

Texas uses a rule called proportionate responsibility (or comparative negligence). You can still recover damages even if you were partially to blame for the crash, as long as you were not more than 50% at fault. However, your compensation will be reduced by your percentage of fault. For example, if a court decides you were 20% responsible, your settlement will be reduced by 20%.

Compensation in a Houston Whiplash Injury Claim

A whiplash injury can be expensive. When we file a claim, we look at how the injury has impacted your entire life. We fight to recover damages for:

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• Medical Bills: This includes emergency room visits, doctor appointments, chiropractic care, physical therapy, and pain management.
• Lost Wages: If you missed work to recover or go to appointments, you should be paid for that time.
• Loss of Earning Capacity: If your injury prevents you from doing your job in the future.
• Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident.

Dealing with Insurance Adjusters

After a crash, the other driver’s insurance company will likely contact you. It is important to remember that the insurance adjuster works for the company, not for you. Their goal is to pay out as little as possible.

They may try to:

• Claim your injury is “just a sprain” and not serious.
• Argue that your pain is from a pre-existing condition.
• Ask for a recorded statement to use against you later.
• Offer a quick, lowball settlement before you know the full cost of your treatment.

We recommend that you do not sign anything or give a recorded statement until you speak with a Houston whiplash injury lawyer. We handle all communications with the insurance company to protect your rights.

The Legal Process for Your Claim

Understanding the legal process can make a stressful time easier to handle. Here is how we typically handle a whiplash case:

1. Investigation: We gather police reports, photos of the scene, and witness statements.
2. Medical Review: We work with your doctors to understand the severity of your injury and your future treatment needs.
3. Demand Letter: We send a formal letter to the insurance company outlining the facts and demanding fair compensation.
4. Negotiation: We negotiate aggressively to get you a fair settlement offer.
5. Litigation: If the insurance company refuses to pay what is fair, we are prepared to file a lawsuit and represent you in court.

Statute of Limitations in Texas

You do not have unlimited time to take legal action. Under the Texas Civil Practice and Remedies Code, you generally have two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you will likely lose your right to seek compensation. This is why it is important to contact a lawyer as soon as possible.

Why Hire a Houston Whiplash Injury Lawyer?

Whiplash cases can be tricky because soft tissue injuries do not always show up on X-rays. Insurance companies often use this to deny claims. You need a legal team that knows how to prove the reality of your pain.

Benefits of working with us include:

• No Upfront Fees: We work on a contingency fee basis. This means you pay nothing unless we win your case.
• Local Experience: We understand the local Houston courts and how Harris County judges and juries view these cases.
• Maximizing Compensation: We know how to calculate the true value of your claim so you don’t accept less than you deserve.