Whiplash is a medical condition that you can develop after a car accident. If you have whiplash, you have pain in the neck and possibly upper back every time you try to move your head. In the most severe whiplash cases, you may not be able to move your head at all. The muscles in your neck are severely strained and damaged. The accident moved your head so quickly that when your neck muscles tried to compensate to keep your head safe, it stretched them past their limits.
Regardless of how severe your whiplash is, the discomfort and resulting impact on your life can be a problem. This is especially true if you are unable to work, and you need medical attention. The person who caused your accident can be held responsible for your related expenses so that you do not have to carry the financial burden by herself. An Oakland whiplash injury lawyer can guide you through the process of building and filing a lawsuit to claim compensation for those expenses. Call Ben Crump Law, PLLC at (844) 730-0233 to discuss your case with our team.
Defining Whiplash
Whiplash is a condition where your neck muscles worked too hard to respond to your head movements, and the muscles were stretched and damaged in the process. This can happen in varying degrees of severity, where cases can be very mild or require surgical procedures to correct. According to Pain Research and Management, developing whiplash after an accident can lead to chronic neck pain if not fully healed. That is why you should take even the mildest case of whiplash seriously and seek medical attention.
Whiplash is common in car accidents because of the intense changes in direction and the high amount of force caused by the impact. Your head can jerk around severely, which can put a lot of stress on your neck muscles; this is when they overstretch or tear trying to keep your head safe.
The recovery process revolves around repairing the damage with surgical processes if needed, or keeping your neck still so that is the muscles can naturally heal. If your neck muscles need extra support, it is not uncommon to use a neck brace to keep your head still.
For a free legal consultation with a whiplash injury lawyer serving Oakland, call (844) 730-0233
Determining Liability
To be awarded compensation from your lawsuit, the person that you are suing must be held liable for the accident. Liability essentially determines if someone is responsible for the damages caused by the accident. Since another car caused your accident, the driver of that car is both responsible for and financially liable for your accident. This means that he or she must pay the cost of your expenses if you win your lawsuit.
Responsibility and liability are not the same. Liability can extend to other entities, such as the company that owns or operates the vehicle if that vehicle is an accident. If your accident involved a work truck, ridesharing vehicle, or other vehicle owned and operated by a company, you may be able to sue the company for compensation instead of the driver.
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Understanding Your Rights
If you suffered injuries in an Oakland car accident, you have the right under civil law to sue the person who caused your traffic accident. Since you did not cause the accident, the other person can be held liable for your expenses. That way, you do not end up with the financial burden in an accident that you did not cause. That is why many victims file lawsuits against the people who are responsible for their accidents. Winning compensation can help them pay off medical bills and other expenses so that they can return to their normal lives without major long-term financial problems.
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Reasons to Hire a Lawyer
Legal cases are resource-intensive and time-consuming, which is why hiring a lawyer could be in your best interest. Lawyers have extensive knowledge of how the legal system works, the procedures they need to follow, and other skills that are important to winning your case.
Another reason to hire a lawyer is the possibility of collecting compensation. Losing your case means that you may be stuck with the financial burdens of your accident for a long time. If this happens, it will take longer for you to fully recover from the accident. Do not take chances with your future. Consider hiring a lawyer who can help you pursue the compensation you deserve.
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Statute of Limitations
There is a limited amount of time that you have to file your case. This is called the statute of limitations, and every state sets different time limits for each type of case. According to California Courts, you have up to three years to file your property damage case. This covers any property that was damaged in the accident, such as your car, your cell phone, or anything else in your vehicle. You also have up to two years from the date of your accident to file personal injury claims, which will cover medical expenses or lost wages from being out of work.
Two years or three years may seem like a long time, but many lawyers do not start on the case until months into the statute of limitations. Right after the accident, most victims are only concerned with their physical recovery and getting back to normal life. If you want to file a lawsuit to help with the financial aspect of your recovery, talk to a lawyer as soon as possible. This will give your lawyer as much time as he or she needs to collect evidence, speak to witnesses, and file before the deadline.
Contact Us to Schedule a Consultation
An accident that causes whiplash can leave you with an injury that can make everyday life difficult, but you may be able to recover compensation to protect your finances while you heal. Speak with an Oakland whiplash injury lawyer for legal guidance and help file your lawsuit. Contact Ben Crump Law, PLLC at (844) 730-0233 for a free consultation about your case.
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