Whiplash is an injury you can get from a vehicular accident when the crash impact jerks your head back and forth violently. It can cause damage to the muscles and other tissues in your neck. Whiplash can even damage parts of the spine in your neck, which could take you a long time to recover from. In many cases, this injury is expensive to treat and could hurt you financially.
But if your whiplash injury was the result of someone else’s driving in Fort Worth, Texas, the state gives you the chance to recover compensation through the civil court system. If you are interested in working with a Fort Worth whiplash accident lawyer on your case, call the office of Ben Crump Law, PLLC, at 800-959-1444. The team can review your situation and learn more about we might be able to assist you.
Insurance Claims or Lawsuits are Your Main Options
Texas Transportation Code Sec. § 601.001 requires all motorists in the state to carry vehicle liability insurance coverage to cover their victims’ expenses if they cause an accident. The minimum amount they can have for covering injuries is $30,000 for one person and $60,000 for multiple victims. You can avail of the liable party’s insurance to help cover your expenses.
There might be instances where an insurance claim may not work out in your favor. The liable party might not be insured, or their coverage is not enough to pay for everything. Unless you both agree to a private settlement, a whiplash accident lawsuit is an option for restitution. Winning the case means the defendant must repay with compensatory damages.
You can consult with a Fort Worth whiplash accident lawyer on the best course of action.
For a free legal consultation with a whiplash injury lawyer serving Fort Worth, call 800-959-1444
Recover from Expenses with Damages
Your receivable damages in a whiplash accident claim or lawsuit can include hospital expenses, medication bills, and the wages you lost while recovering. You can also be compensated for the pain and suffering you went through due to the whiplash. Pain and suffering falls under noneconomic damages, which can be difficult to measure since it is intangible. An attorney can help you calculate pain and suffering accurately.
A Fort Worth whiplash accident lawyer working on your behalf can also help you gather accident reports, medical records, and other documents that help prove the other party’s fault in the whiplash accident. They can also check if the defendant has any traffic violations and interview witnesses if needed. Furthermore, they can compile records of your expenses, such as prescription drug receipts and hospital bills, to calculate your damages more accurately.
You can contact us at the office of Ben Crump Law, PLLC, today with specifics so that we can discuss your next options. The legal team studies the county and state laws related to your injury, which can save you time and effort on doing research.
Fort Worth Whiplash Injury Lawyer Near Me 800-959-1444
Cases Against Government Agencies Have Damage Caps
Texas’ laws on government liability limit the amount that you can receive when suing public agencies or employees. Let us say that a truck from the Fort Worth City Water Department collided with your car and caused you to suffer whiplash. According to Texas Civil Practice and Remedies Code § 101.001, an individual claimant can only receive up to $250,000 from the liable government organization or staff member. But if other people suffered injuries as well, they could get only a total of $500,000 distributed among themselves.
Total Damages Depend on Fault Percentage
Texas car accident cases work under a modified comparative negligence rule, as explained in Texas Civil Practice and Remedies Code § 33.001. If the court declares that you are more than 50% at fault for the accident, you cannot receive any compensation. And even if you are not more liable than the defendant, your receivable amount can be deducted based on how much liability you still share. So, if the judge declares you, say, 15% at fault, you will only get 85% of what you should have gotten initially. Having as much evidence as possible that the other party holds more liability will reduce the deductions on your total recoverable damages.
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Time Limit for Filing Whiplash Accident Cases
As your whiplash accident case is a type of personal injury case, it also has to follow the same statute of limitations, as outlined in Texas Civil Practice and Remedies Code § 16.003. The Texas civil code states that you have two years to file your lawsuit when filing the case against a private individual. As for cases involving public entities, you only have six months to present your case—and you also need to give notice to the agency.
The court will dismiss submissions that miss the deadline except for some exceptions, such as if the defendant physically hides from the state or tries to conceal their identity. In this case, the statute clock will not count the time they spent in hiding. A Fort Worth whiplash accident lawyer can help you establish the exact date for filing your lawsuit.
Call Ben Crump, PLLC, Today
Whiplash injuries can be expensive to treat and make life inconvenient for a long time. Fortunately, you can seek justice for your suffering through the civil court system in Texas. Ben Crump Law, PLLC, is ready to hear about your whiplash accident case. Call us at800-959-1444 for a free case consultation. We are a contingency-based law firm and do not charge clients any fees unless we win the case. For any questions about our services, get in touch with us today.