Whiplash is a neck injury that results from a strong impact that jerks your head back and forth suddenly. It creates muscle damage in the tendons and muscles in the neck, which typically takes weeks to recover from; however, some cases can be so severe that victims also suffer from spine and nerve damage, according to Mayo Clinic. There is a chance that they might never fully recover from their injury, which can permanently affect their work and way of life.
Sometimes, victims walk away from a wreck, thinking they are fine, only to develop symptoms days or weeks later. If left untreated, whiplash could worsen. A chronic or ongoing condition would continue to require treatment and therapy. This kind of care can get expensive. Medical devices added to a home, for example, can run a family into debt.
While whiplash can happen in other kinds of accidents, it usually occurs with car collisions. If you or a loved one suffered from whiplash due to a driver’s actions, you might want to seek reimbursement from the party that caused the incident. A Chicago whiplash accident lawyer from Ben Crump Law, PLLC can guide you through the legal procedures.
For more details, you may call 800-959-1444. We never shy away from tough cases, so
How a Whiplash Accident Attorney Can Help
The process of getting compensated for your whiplash might add more hardships to your already distressing situation. By having a lawyer guide you through the legal procedures involved, you can focus on your health and recovery while also pursuing legal action.
For a free legal consultation with a whiplash injury lawyer serving Chicago, call 800-959-1444
Gather Proof of Liability & Damages
Having as much evidence as possible to prove the other party’s liability may help justify your claim. The lawyer may get accident reports from the police and check if the motorist at fault committed reckless driving behavior, such as speeding. Such actions are illegal in Illinois and may also serve as further evidence that the driver was indeed at fault.
An attorney may also talk to witnesses for their testimonies and investigate other possible liable parties. For example, there may have been more than one driver that acted carelessly at the time. They may also be to blame for your whiplash injury, and you might want to file a claim against them too.
The attorney can also assist in collecting all the documents you need that show all the injuries suffered and expenses accumulated, such as your medical bills and medication receipts.
Develop Your Lawsuit
If insurance claims or arbitrations still do not work out successfully, you could file a case with Illinois’ civil courts. The judge or jury will examine your argument and evidence—as well as the other party’s—to determine whether you do deserve reparations. If you win the trial, you may receive economic and non-economic damages, such as:
- hospital and rehabilitation bills
- medication costs
- lost wages
- attorney fees
- pain and suffering
A Chicago whiplash accident lawyer can speak on your behalf in court if necessary.
Chicago Whiplash Injury Lawyer Near Me 800-959-1444
Deadline for Filing Whiplash Lawsuits
Your accident would count as a personal injury claim, which means you have to comply with its statute of limitations or deadlines. According to Chapter 735, Section 5/13-202 of the Compiled Statutes, you have two years to submit your lawsuit. If you go past the given period, the court will dismiss it.
The statute makes exceptions and will pause for some instances, such as if there is an ongoing criminal trial related to your whiplash. A lawyer can assist in computing the exact amount of time you have left to present your civil case at court.
Do not let a negligent motorist cause your injuries without facing their legal responsibility. Two years may seem like a long period, but negotiations with insurance companies can take some time. You may want to give yourself the chance to settle outside of court while also keeping the option open. To do so, begin taking legal action as soon as possible. Your deadline begins counting down the day of the accident.
Contributory Fault & Recovery Limitations
Although you can get compensated for a wide range of damages, you might not receive the full amount. Illinois uses a comparative negligence rule for determining how much can recover in an auto accident claim. They will deduct your total recoverable damages based on how liable you are for your injury.
For instance, the court might deem you 30% liable for getting severe whiplash since you did not wear a seatbelt and therefore increased the impact you felt. As a result, you will only get 70% of your total receivable damages.
You need to ensure that you have enough evidence to reinforce your claim. This is also something a lawyer can assist you with.
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We Fight for Fair Compensation
Recovering from whiplash and other neck injuries caused by car accidents can distress and hurt your family’s finances. If you ever need assistance in finding justice and reparations for you or your loved ones, our team has a Chicago whiplash accident lawyer ready to give legal support and court representation.
The office of Ben Crump Law, PLLC, fights against civil rights violations and other forms of injustices throughout the United States. We work with clients on different kinds of civil lawsuits, from auto accidents to class actions. As a contingency-based law firm, we do not charge you unless we win your case.
For free case examinations, call us at 800-959-1444.