Whiplash is a serious injury that can develop when the neck suddenly moves back and forth following a motor vehicle collision, according to the Mayo Clinic. If you jolted your neck during a car accident, you might not immediately notice the injury until a few days later. What is worse is that the pain can become debilitating and take some time to heal. Your medical treatment could also be costly.
If you suffered a neck injury after being involved in a car wreck, a New Orleans whiplash injury lawyer could help you file a compensation claim. Call Ben Crump Law, PLLC today at (800) 598-7557 for legal advice and a free consultation.
Obtaining Compensation After Your Car Accident
In a car wreck in New Orleans, you can file a claim against the at-fault driver’s insurance policy because Louisiana is a fault state regarding auto insurance. However, if you can’t receive a settlement from the insurance claims process, you can file a lawsuit to sufficiently cover your damages.
For a free legal consultation with a whiplash injury lawyer serving New Orleans, call (800) 598-7557
Proving Your Injuries
Once you feel that you are well enough to do so, you can consult with a whiplash injury lawyer to determine if you are entitled to financial compensation. Nevertheless, it can be challenging to prove whiplash injuries since the signs are not as obvious as those in other types of injuries. However, we can use x-ray records and other medical documentation as critical evidence in whiplash cases. We can use police reports and witness testimonies from the accident scene to strengthen your case.
Your attorney can help gather evidence and take you through the steps of filing a civil lawsuit alleging the other party’s negligence. Generally, you must establish that the defendant owed you a duty of care. This means that they should have fulfilled the legal obligation of driving safely. You will then need to show that the defendant’s breach of duty of care caused you to get hurt.
There are times when defendants assert that whiplash injuries did not arise from the car crash. If this happens to you, a New Orleans whiplash injury lawyer can help you demonstrate how the impact led to your injuries. Moreover, your legal representative could also request a medical expert to verify the extent of your injuries. Reach out to Ben Crump Law, PLLC for a free consultation at your convenience.
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“Negligence Per Se” in Louisiana
Be aware that the “negligence per se” doctrine automatically considers drivers who violate a traffic safety law to be negligent and liable for injuries, per the Legal Information Institute (LII). It would not be necessary to put the issue in the presence of a jury. Nonetheless, negligence per se does not apply when violations did not cause the accident or injury. A personal injury lawyer can explain further how the negligence per se doctrine and other state laws can impact your case.
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Types of Compensation that May Be Available for Your Injuries
If someone else’s negligent conduct resulted in your injuries, you might be eligible to recover the cost of treatments, therapies, and medications associated with whiplash injuries arising from your accident. Additionally, you may also be able to pursue compensation for lost wages if you cannot go back to work while you are healing.
Aside from seeking compensatory damages for economic harm, you may also have the right to collect damages for pain and suffering, depression, and other intangible harm you experienced. Keep in mind that whiplash can be extremely painful and bring about severe disability that may affect you mentally and emotionally. With the help of a legal professional, you could access financial resources to help with your recovery.
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Comparative Fault May Influence the Damages You Recover
Louisiana follows the pure comparative fault rule. Consequently, your percentage of fault will reduce your settlement or damage awards’ value. If the jury or insurance company decides you did not share any blame for your accident, then you can fully recover 100% of the damages. Otherwise, you will receive only a percentage of your total damage award that corresponds to your fault percentage.
What You Need to Know About Your Whiplash Injuries
It might take a couple of days up to a few weeks before whiplash symptoms become apparent in many cases. The pain may last for months, and patients may find themselves unable to return to work if they are dealing with related complications.
If you are still unsure whether you are suffering from whiplash, the following are some of the most common symptoms associated with the injury:
- Back, arm, or shoulder pain or tenderness
- Neck stiffness and pain
- Sleep disturbances
- Decreased neck mobility
- Tingling, burning, and numbing sensations in the arms
- Ringing in the ears
- Blurred vision
Regardless of how you feel after a crash, it would be in your best interest to see your doctor after the accident. Avoid waiting until your condition worsens and you find yourself dealing with permanent consequences. If another driver was liable for your accident, it might help to hire a whiplash injury lawyer. Take advantage of an attorney’s legal guidance when you wish to file a lawsuit or a claim with an insurance company. You may be able to seek compensation that can cover your medical bills and other losses related to the crash.
Talk to Us Today If You Suffered Whiplash After Your Accident
Louisiana law limits the amount of time you have to bring legal action. Typically, you only have one year to file a lawsuit. We encourage you to get in touch with us to see how a New Orleans whiplash injury lawyer from Ben Crump Law, PLLC can help you preserve your right to obtain compensation for your injuries. Contact us by calling (800) 598-7557 for your free consultation.
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