The impact of a car accident can change someone’s life in many ways, including how they physically feel and how they move about in daily life after the ordeal ends. Whiplash, a common car accident injury, can make life uncomfortable or painful for the person suffering from it.
If you are recovering from a traffic accident that left you with a whiplash injury, you likely have medical bills and possibly missed time at work because you needed to focus on your injuries. If someone else’s careless or reckless driving caused this accident, you might be able to hold them accountable and take legal action against them to receive financial awards that can help you cover your bills and lost wages, among other expenses.If you are interested in taking legal action after your accident, a Nashville whiplash accident lawyer may be able to review your case and talk with you about legal options specific to your situation. Call Ben Crump Law, PLLC, today at 800-598-7557 to set up a free case review with a member of our team.
Whiplash Causes and Effects
Whiplash occurs when a force snaps the neck rapidly back and forth. The Mayo Clinic says this injury is common in people who have been in rear-end car accidents.
According to the Tennessee Department of Safety & Homeland Security, following improperly caused more accidents than any other driving behavior in Davidson County between 2010 and 2020. Some 77,000-plus accidents occurred over that 10-year span, according to the data the department presents. Perhaps some of these drivers and passengers were in vehicles that rear-ended someone else who may have gotten whiplash as a result.
Many people are not even aware they have whiplash until a few days pass after the accident. The onset of the condition happens when neck stiffness sets in. Other signs include:
- Pain that worsens when turning the neck
- Inability to demonstrate a range of motion in the neck
- Headaches, particularly ones that start at the neck’s base
- Tingling sensations in the arms
- Pain in the shoulder, arms, or upper back
The Mayo Clinic also notes that blurry vision, ringing in the ears (tinnitus), memory problems, and concentration issues could also occur from a whiplash injury. A proper diagnosis is needed to confirm the condition and rule out other causes for these symptoms. What appears to be whiplash could be another injury from the accident, according to the Mayo Clinic.
People who suffer whiplash might find that their condition improves within several days or weeks with rest, over-the-counter or prescription medication, and exercises. Others, however, could develop chronic pain in the areas that whiplash is present, meaning ongoing treatment for pain until the condition eases up. In serious cases, a person might need surgery.
For a free legal consultation with a whiplash injury lawyer serving Nashville, call 800-959-1444
How to Treat Whiplash Injuries
How a person treats whiplash, which is also called a neck sprain or neck strain, depends on its severity. The National Institute for Neurological Disorders and Stroke (NINDS) writes that treatment can include:
- Pain medications (over-the-counter drugs included)
- Muscle relaxants
A person may also be required to wear a cervical collar to promote proper healing and attend physical therapy. Exercise may also help. Other treatment methods include lidocaine injections that can numb pain in the shoulders or applied heat that can ease muscle strains.
Severe whiplash injuries can require additional medical tests, such as an X-ray, computerized tomography (CT) scan, and/or magnetic resonance imaging (MRI). A physician may order these to be sure that whiplash is the issue. Neck pain can exist for other reasons, especially if you have been in an accident or had a pre-existing condition before it happened.
Much depends on the person who is recovering, so medical bills can range from the hundreds to the thousands of dollars. Whatever the cost, Ben Crump Law, PLLC, thinks treatment expenses should not fall on you but the person responsible for the accident. You should not take on any extra financial responsibilities for a crash you did not cause.
Save your invoices and receipts for any medical care you received, whether at the accident scene or after the accident in an emergency room or doctor’s office. You can use those documents to show that your injuries were serious enough for medical treatment and that you want to receive payment to cover those costs.
If you lost time from work because you had to recover or worked while in pain from your injury, you might also want to take legal action to secure a settlement that can work in your favor.
Ben Crump Law, PLLC, does not shy away from challenging cases, and we want to help make it easier for you to return to your life. Call us today to schedule your free consultation that involves a review of your case. A member of our team can listen to the details of your case and help you consider your next steps.
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How a Nashville Whiplash Accident Lawyer Could Help
Before you can pursue a claim or lawsuit for financial awards that can cover your losses, you must first prove who caused the traffic accident. This critical task might not be as straightforward as it seems, especially if more than one person was involved in the accident.
You do not need to retain a lawyer to pursue a claim for awards with an insurer or file a personal injury lawsuit. However, securing an attorney may help you manage your case and free you up to focus on other responsibilities you have, including feeling better.
If you secure the services of a lawyer with Ben Crump Law, PLLC, you will have a partner who will help you seek the settlement you deserve. An attorney can investigate the accident and related documents to establish who is responsible for the accident. These documents may include police reports and medical records, witness statements, expert witness testimony, and more.
They can also help negotiate with insurance companies, which are known to offer settlements to accident victims that do not adequately compensate them for their injuries and losses.
An attorney can also help you figure out what damages you should seek compensation for, such as:
- Medical bills for your whiplash injuries
- Prescription medications
- Lost wages or reduced earning capacity
- Property damage (vehicle repair or replacement)
The above damages are “economic” because they have a dollar amount and can be quantified. You could also recoup other damages, which are “noneconomic” because they are not quantifiable. These include:
- Mental anguish
- Pain and suffering
- Disability or disfigurement
- Loss of life enjoyment
- Loss of companionship or loss of consortium, if you lost a loved one in the crash
You may wish to have an attorney help you in this area, as noneconomic damages can be challenging to calculate and prove. You might want to show your lawyer any evidence you have that can demonstrate how your whiplash injury harmed or diminished your quality of life. Some states limit how much a person can seek for these kinds of awards, and Tennessee is one of them. The state limits noneconomic damages to $750,000, per Tenn. Code Ann. § 29-39-102.
Once your attorney builds your case and presents it to the liable party’s insurance company, negotiations for a fair settlement begin. An attorney can handle this process for you and update you as it unfolds. They can also update you on any developments and explain complex matters to you. Negotiations can work out in your favor, or they can fall through. Your Nashville whiplash accident attorney can file a personal injury lawsuit in a civil court for you in the latter case.
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Tennessee’s Statute of Limitations Is One Year
Whether negotiations with the liable party go on for weeks, months, or years, they cannot go on forever. All states have set statutes of limitations deadlines for this reason. Tennessee allows one year to file a personal injury complaint in civil court, per Tennessee Code Ann. § 28-3-104. If you miss this deadline, you likely will lose out on recovering financial awards through a lawsuit. An attorney can see to it that you do not miss the deadline.
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Contact Ben Crump Law, PLLC, Today
The legal team at Ben Crump Law, PLLC, is ready to help you pursue justice for your painful whiplash injury. Call us today at 800-598-7557 to schedule a free, no-obligation consultation. We invite you to learn more about how you can get started on pursuing legal action that could bring you peace of mind.
We work on a contingency basis, which means you can start working with a Nashville whiplash accident lawyer from our team without paying any upfront fees. We collect our fee only when we win a settlement for you. Give us a call today.
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