Every year, around 3 million people get injured in car accidents, according to the Centers for Disease Control and Prevention (CDC). In many of those accidents, the victims develop a condition called whiplash, which can be mild or severe depending on the conditions of the accident and the extent of the injuries. Recovering from whiplash can create a financial strain for victims, which is why many of them decide to file a lawsuit after their accident.
If you or a loved one developed whiplash after a car accident, you could be entitled to financial compensation for the cost of your recovery. Discuss your case with the office of a Louisville whiplash injury lawyer to see what your legal options are. You can call the office of Ben Crump Law, PLLC at (844) 730-0233 for a free consultation about your case.
What is Whiplash?
Whiplash is a condition that affects the muscles of the upper back and neck. Although it is common in car accidents, you can get it from any serious neck or head trauma. In an accident, the collision causes the car to change directions quickly. Your head will continue to travel in the direction of the collision as your neck tries to keep your head from flying forward and hitting something. The amount of stress that this puts on the muscles in the neck and upper back can cause injury.
In mild cases, the muscles can be strained or have minor tears. A doctor may put you in a neck brace for a few days or a few weeks so that your head will stay still and let your neck muscles heal on their own. In the most severe cases, the muscles could be torn extensively and need to be surgically repaired.
In any case, whiplash can be difficult to live with. Trying to move your head, if you are able to at all, can be painful. You may need some type of painkiller medication or medical devices like a neck brace. Some people even miss work after the accident because whiplash makes it too difficult for them to do their jobs safely. The discomfort and expenses that whiplash often causes can motivate accident victims to file lawsuits against the people responsible for their accidents.
For a free legal consultation with a whiplash injury lawyer serving Louisville, call (844) 730-0233
Statute of Limitations
If you are considering filing a lawsuit after you developed whiplash, it is important to start the process as soon as possible. There is a limited amount of time for you to file your lawsuit with the state. If you missed the deadline, you may be unable to pursue your case. This is called the statute of limitations.
According to Kentucky Statute § 413.140, you have one year to file a personal injury claim in a lawsuit, which is not a lot of time. On top of that, many accident victims wait months before discussing the legal process with a lawyer. This could make evidence harder to find and witnesses less reliable. Start the legal process as soon as you can by reaching out to a lawyer and discussing your legal options.
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Auto Insurance Settlements
After your accident, a representative from an insurance company may reach out to you about a settlement agreement. This is a common practice, as many insurance companies like to resolve lawsuits with settlement agreements. The agreement will offer you a specific amount of compensation in return for ending your lawsuit. Before you accept this agreement, make sure you discuss it thoroughly with your legal representation. A Louisville whiplash injury lawyer can help you navigate any offered settlements.
One of the problems with being offered a settlement agreement is that the insurance company is trying to reduce the compensation. The offer that you received may not be enough to cover your long-term expenses related to your accident. Fortunately, you can renegotiate the agreement until you are satisfied with it. You are not obligated to accept a settlement agreement under any circumstances. You always have the option of taking your lawsuit to trial, where you will get a final judgment.
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Lost Wages and Other Expenses
Developing whiplash after an accident may mean that you have expenses to deal with that you are not expecting. These expenses can include:
- Medical expenses
- Car repair and replacement
- Lost wages
- Daily living assistance
- Ongoing medical care
- Physical, occupational, or speech therapy
There are many possible expenses related to a whiplash accident. While it is important that you get the care you need to make a full recovery, many people struggle with the cost. That is why many accident victims file lawsuits to collect financial compensation to help with those expenses.
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Seeking Compensation
The process of seeking compensation begins with filing your lawsuit. In that lawsuit, your lawyer will include claims for specific expenses related to your recovery. This could include medical expenses, property damage, possibly lost wages, and pain and suffering compensation, among other options.
Those claims will list specific amounts for expenses. You want to make sure that you are as accurate with your claims as possible. The more accurate you are, the closer you will be to asking for the right amount of compensation to cover all of your expenses. Documenting your expenses after your accident is a good way to make this process easier for you and your lawyer.
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Whiplash can make recovery after an accident uncomfortable and difficult. However, you do not have to deal with the financial impact of your accident alone. If there is another party responsible for your accident, you can take legal action to collect compensation for your expenses. Go over your case with a Louisville whiplash injury lawyer to see what your legal options are. At Ben Crump Law, PLLC, we work on a contingency fee basis, meaning we only take payment if you are awarded compensation, and we don’t shy away from tough cases. Call (844) 730-0233 to discuss your case with our team.
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