One common injury caused by car accidents is whiplash. This is a type of neck injury that tears your neck muscles when you are subjected to a sudden impact that jerks your head back and forth. Some of its symptoms include neck pain, headaches, and lack of mobility in the neck, shoulders, or arms. While many people can recover from whiplash after a few weeks, some cases are so severe that you can suffer from the symptoms for months or years to come.
If you suffer from whiplash due to an accident caused by another motorist in San Antonio, you could have them reimburse you for the resulting expenses. A San Antonio whiplash lawyer from the Ben Crump Law, PLLC, team could be able to counsel you on the processes involved in seeking compensation. If you have legal concerns about your situation, contact the team anytime at (800) 730-1331.
Filing an Auto Insurance Claim
Texas requires drivers to carry liability insurance to pay for their victim’s injury and property damage expenses if they cause an accident. You can file a third-party claim with the other driver’s auto insurance company to cover whiplash costs, such as doctor’s appointments and medications.
Be aware that the liable driver’s insurance provider is not on your side. They might try to minimize their client’s fault to reduce the amount they have to compensate you. However, if you have enough evidence to show the other motorist’s liability, it will make it more difficult for them to dispute your claim.
For a free legal consultation with a whiplash injury lawyer serving San Antonio, call 800-959-1444
Lawsuits as Your Next Option
If the insurance claim does not get you the settlement you want, you can also file a whiplash accident case against the responsible party. San Antonio’s civil court will decide the amount owed to you after reviewing your arguments and the at-fault party’s defense.
Lawsuits tend to be more expensive due to filing fees and other court costs not found in insurance claims. However, judges and juries tend to be more objective in accident cases, which could be to your benefit if you were the victim.
A San Antonio whiplash lawyer could help you develop your claim or lawsuit against the driver at fault. They might be able to help find evidence that you may have missed and investigate other possible liable parties in the accident. The accident attorney might also negotiate with the insurer and defend you in court to help you get an award. To consult with the office of Ben Crump Law, PLLC, you can contact us today. A team member will accommodate you shortly.
San Antonio Whiplash Injury Lawyer Near Me 800-959-1444
Laws Affecting Your Whiplash Case
Texas has a few laws stipulating the requirements you need to comply with when filing your case, and a handful that can affect its outcome. To save you the effort of studying the local statutes, a San Antonio whiplash lawyer could explain them to you instead. The attorney might also check for any possible law violations by the other driver, which can be used as proof of their liability.
Filing Deadline for San Antonio Car Accident Cases
As with all lawsuits, you have a limited amount of time to file your whiplash accident case. As laid out in Texas Civil Practice and Remedies Code §16.003, you have a two-year time allowance under Texas’ statute of limitations to do so. However, there are occasions when the statute gets tolled, which means you get an extension.
A San Antonio whiplash lawyer can check your exact due date if you have any special circumstances that can toll the statute clock. Their assistance in forming your lawsuit can also help ensure that you comply with the filing deadlines.
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Comparative Fault Rules Reduce Your Recoverable Amount
As seen in Texas Civil Practice and Remedies Code §33.001, Texas uses a comparative fault system to determine how much you can recover if you are partly liable for the accident that caused your whiplash. The amount you could receive depends on the percentage of fault you share. For example, if the court proclaims you 40 percent liable for the crash, you will only receive 60 percent of the total amount. So, if your losses totaled $50,000, you would only get $30,000.
Furthermore, you cannot receive any compensation if you share more than half of the fault in the whiplash accident. The whiplash accident attorney could be able to review your case to determine if it has sufficient proof to reduce the percentage of fault placed on you.
You Can Receive Punitive Damages
Typically, winning an accident case entitles you to economic compensation, such as medical expenses and lost wages, and non-economic damages like physical and emotional pain and suffering. However, the court may also award punitive or exemplary damages at their discretion. It can happen if they found the liable driver’s actions to be extremely negligent or malicious, according to Texas Civil Practice and Remedies Code §41.003. For instance, you might qualify for punitive damages if the at-fault motorist was driving while intoxicated, which is against Texas’ traffic safety laws.
We Fight for Your Right to Compensation
Developing whiplash from a road accident in San Antonio causes many inconveniences, such as having to buy costly medication and deal with chronic pain. Ben Crump Law, PLLC, has a team of San Antonio whiplash lawyers ready to help take legal action against the driver and other possible parties responsible for your injury. We are a contingency-based firm that does not charge fees unless you win an award.
While we have attorneys practicing auto accident cases, our team also handles other civil cases, including wrongful deaths, civil rights violations, and workers’ compensation. You can learn more about our lawyer services by calling us at (800) 730-1331.