Any automotive accident can have devastating outcomes, including whiplash, a common injury that car accident victims sustain. The injury occurs when the head is suddenly jolted forwards in a fast and hard motion during a collision.
According to state laws, you or your loved ones might have grounds for filing for compensation if you have been involved in an accident that resulted in a whiplash injury.
At The Super Lawyer – Greene Legal Group, we believe that you should never downplay whiplash as a minor injury. We can represent you and ensure that you do not get less than you deserve.
Your whiplash injury lawyer can oversee possible negotiations with the responsible party and their attorneys and insurance providers if they wish to handle the matter outside the courtroom. Call The Super Lawyer at 404-574-4308 today and speak to a reputable, experienced, dependable whiplash attorney.
What Is Whiplash?
Whiplash is a term used to describe neck injuries, especially soft tissue damage associated with sudden fast motions that jolt the head. Such injuries are common in car accidents, more so in rear-end collisions.
The impact propels the vehicle’s occupants forward as the head stays momentarily in place, and the neck experiences sudden, extreme flexion in a whip-like motion, hence the name. The neck sustains a range of injuries from this quick and hard jerking or snapping.
What Are the Common Signs and Symptoms of Whiplash?
You might go roughly 24 hours after the car accident before experiencing stiffness, tenderness, pain, or other signs of whiplash. Below are some of the signs and symptoms that can help determine you suffered a whiplash injury:
- Neck pain and stiffness
- Muscle spasms
- Tissue tenderness that worsens with movement
- Limited range of motion in the neck
- Dizziness
- Headaches that begin at the base of the skull
- Feeling fatigued
- Shoulder pain
- Nausea
Health practitioners will classify your whiplash depending on the severity of your injuries, grading it as follows:
- Grade 0: No physical indications of injury
- Grade 1: Neck pain with no physical signs
- Grade 2: Neck complaints and musculoskeletal signs
- Grade 3: Neck complaints and neurological impairment signs
- Grade 4: Neck complaints and dislocation or fracture
How Long Do the Symptoms of Whiplash Usually Last?
The fast-jerking action the neck experiences during an automobile collision exerts a force that can traumatize the muscles, tendons, vertebrae, ligaments, vertebral discs, and nerves in your neck. You do not necessarily suffer whiplash due to a hard and sudden back and forth motion but from the forceful movement that jars your neck’s alignment.
Hence, the impact of such movements can have a lasting effect on your mobility and health. Some people can recover within a few weeks of treatment, and others can go more than three months nursing symptoms.
Overall, how fast you recover depends on the severity of your injuries, how long you started experiencing pain in your neck after the accident, and how soon you sought medical treatment.
What Are the Steps to Take to File a Personal Injury Case for Whiplash?
At The Super Lawyer – Greene Legal Group, we firmly believe that your chances of getting the settlement you deserve for your injuries and suffering are better when you take the necessary legal actions.
The sooner you act, the better. The process of filing a personal injury lawsuit for whiplash includes the following steps:
Seek Medical Attention
Neck injuries can adversely impact your health, undiagnosed early or left untreated. Therefore, it is best to seek medical attention immediately after a car accident. The doctor or attending physician might not find any issues since signs of whiplash damage to your neck might start appearing 24 hours after the accident.
Nevertheless, we recommend seeking immediate treatment when you develop new symptoms.
Keep Detailed Medical Records
Your doctor is expected to keep a detailed record of your treatment for medical and legal reasons. Nevertheless, we also advise our clients to keep any note, receipt, or prescription they get from their doctor from the beginning of their treatment.
Document Accident Scene
It is best to take pictures and short videos of the accident, documenting any essential details that can help prove fault. You can use your smartphone or require another person at the scene to do it and share it with you later.
Act in a Timely Fashion
The sooner you get in touch with a personal injury attorney, the better the chances of being well-prepared for your compensation claim case.
Your lawyer will work closely with your doctor and other professionals to ensure we have a detailed record of the accident, treatment, and various expenses incurred. Acting in a timely fashion will improve the odds of getting a fair settlement.
How Much Time Do You Have to File a Lawsuit for a Whiplash Injury?
The time frame to file a personal injury claim for a whiplash injury is governed by the statute of limitations, which varies by state. Typically, you have between one to three years from the date of the accident to file your claim.
However, the exact time limit can depend on factors such as the jurisdiction in which the injury occurred and whether any special circumstances apply, such as if the injured party was a minor at the time of the accident.
It’s essential to adhere to this deadline because failing to file within the specified time frame may result in the loss of your right to seek compensation for your injuries.
Since symptoms of whiplash can sometimes develop gradually, it’s crucial to seek medical attention promptly after an accident and consult with a legal professional as soon as possible to ensure all necessary steps are taken to preserve your claim.
How Are Damages Calculated for a Whiplash Injury?
Determining the monetary compensation owed to you when pursuing a compensation claim for whiplash can be based on the following factors:
- The economic damages you suffered accounting for all financial expenses incurred due to your injuries, including medical costs, lost wages, and your lost capacity to earn.
- The non-economic damages you suffered, which also include any mental anguish and emotional trauma you suffered.
- Liability for the accident, where the court will seek to identify who is to blame. The settlement amount will be reduced depending on your degree of fault for the accident.
Do I Need a Lawyer to Help Me File for a Lawsuit?
According to state laws, those filing compensation claims for whiplash must prove several legal issues to qualify for settlement. Since the law will consider the degree of blame for the accident for all parties involved in the lawsuit, you will need to work with an experienced lawyer to improve the odds of winning.
Your attorney will conduct thorough investigations to gather information about past, present, and future medical, lost wages, incurred expenses, pain, and suffering related to your injuries. We also will collect the information that will help absolve you of liability or minimize your degree of blame.
Moreover, you need an attorney to help you navigate the complexities associated with the various legal requirements of filing a personal injury lawsuit.
Review Your Case With a Whiplash Injury Lawyer!
At The Super Lawyer – Greene Legal Group, we believe that you should never downplay whiplash as a minor injury. We can represent you and ensure that you do not get less than you deserve.
Our whiplash injury lawyer can oversee all negotiations with the defendant and their attorneys and insurance providers if they wish to handle the matter outside the courtroom.
When you call The Super Lawyer – Greene Legal Group, you will find a lawyer acclaimed for his law experience, skill, and commitment.
Greene works alongside other well-respected practitioners and professionals in various fields, forming a formidable team that fights aggressively for all client’s rights and interests in personal injury lawsuits.
Call today at 404-574-4308 and speak to a reputable, experienced, dependable whiplash attorney.