Each year, motor vehicle accident injuries across the United States lead to thousands of fatalities and significantly more injuries. In fact, the National Highway Traffic Safety Administration (NHTSA) found that nearly 2 million injury accidents occurred in the U.S. in 2018 alone. Furthermore, the University of New Mexico reported over 46,000 traffic accidents throughout the state, and approximately 30% resulted in injuries in 2018.
Drivers have a responsibility to follow traffic laws and pay attention to the road to prevent avoidable accidents that can lead to serious consequences. Even a minor collision can cause injuries that contribute to physical, emotional, and financial distress for the victim and their family.
If you suffered a neck strain or sprain after a Bernalillo County car accident, an Albuquerque whiplash injury lawyer can help you seek compensation for your injuries. Contact Ben Crump Law, PLLC today at (800) 598-7557 to discuss your case with us.
Whiplash After a Car Accident
According to Rush University Medical Center, more than two million Americans experience whiplash annually. Most of the time, it occurs due to front-impact or rear-impact motor vehicle accidents when the head moves abruptly forward and then backward. This sudden overstretching of the muscles and joints of the neck causes a sprain, which often leads to pain in the neck and upper back. The Mayo Clinic lists symptoms of whiplash, which include:
- Stiff neck
- Neck pain that worsens with movement
- Headaches originating from the base of the skull
- Tenderness in the upper back
- Arm numbness
Even collisions that occur at a low speed can cause whiplash, and this risk increases with age, as older people typically do not have the same range of movement as younger people. While whiplash does not usually have serious complications, victims should receive a medical evaluation as soon as possible after the accident to eliminate the potential of fractures or other more severe injuries.
For a free legal consultation with a whiplash lawyer serving Albuquerque, call (800) 598-7557
An Albuquerque Whiplash Injury Lawyer Can Help You
In New Mexico, the driver who causes an accident holds responsibility for covering the victims’ property damage and injuries. After a collision occurs, many parties, including police, insurance adjusters, and the lawyers of those involved, investigate to determine liability.
Even if you did not cause your accident, insurance companies may try to blame you for it, or they may offer you a low settlement upfront to avoid paying you adequate compensation for your injuries. You can fight back against their unethical practices by proving that the other driver’s actions meet the criteria for negligence.
- Duty of care: The driver had an obligation to keep you safe from preventable harm.
- Breach of duty: The driver breached their duty of care by acting in a reckless manner or failing to act when necessary.
- Causation: The driver’s breach of duty caused your injuries.
- Damages: Your injuries led you to incur substantial damages.
A lawyer can help you establish liability in your case and seek fair compensation for your injuries.
Albuquerque Whiplash Lawyer Near Me (800) 598-7557
Evidence That Can Support Your Claim
Certain types of evidence from your accident and from those involved can help you prove negligence in your claim. These documents, statements, and other important elements may include:
- Videos from the scene of the collision
- Photos of skid marks, debris, and property damage
- Photos of injuries
- Police reports
- Medical records
- Cell phone records
- Field sobriety tests
- Eyewitness testimony
An Albuquerque whiplash injury lawyer can help you gather the evidence that can help you in your case.
Financial Awards in Whiplash Injury Cases
The injuries and losses you suffered in your accident may make you eligible for financial awards. The types of compensation you may qualify for depend on the specific circumstances of your case, but they may include:
- Emergency medical care, follow-up appointments, rehabilitation, medical equipment, medications, and other injury-related healthcare costs
- Lost wages for the time you had to take off work to recover
- Loss of earning capacity if your injury prevents you from returning to your previous position
- Pain and suffering, such as mental anguish
In cases involving particularly heinous actions, the court may also impose punitive damages on the defendant. These types of damages serve as a punishment for the defendant and act as a deterrent to help avoid cases like yours from occurring again in the future.
An attorney can assess your damages and pursue fair financial recovery for your injuries.
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New Mexico Statute of Limitations on Accident Claims
You have a right to file suit against the person responsible for the accident that caused your injury, but you have a limited amount of time to do so. Each state has its own statute of limitations on personal injury claims, which determines how long victims have to file a claim after the incident occurs.
In New Mexico, most victims have up to three years from the date of discovery, or when the person learned that they suffered harm. However, certain cases, such as those involving an incapacitated victim or a minor, may allow for an extension of the statute to allow the victim adequate time to file their claim.
If you do not file your claim against the negligent driver in your case within the three years allotted, you forfeit your opportunity to hold them financially accountable for your injuries. A lawyer can determine how much time you have left and file your claim right away to avoid any preventable delays or missed deadlines.
Contact Ben Crump Law, PLLC Today to Get Started
At Ben Crump Law, PLLC, our lawyers understand the impact a car accident injury can have on your life, especially when it comes to your finances. When you cannot work to provide for your family or cover medical bills for an injury you suffered at no fault of your own, you may not know what step to take next. We can help.
If you suffered whiplash in an Albuquerque accident, our attorneys can manage your case on your behalf and help you seek the just compensation you deserve. Contact us today at (800) 598-7557 to discuss your case.