If you suffered a neck injury from a car accident in Tucson, a Tucson whiplash injury lawyer at Ben Crump Law, PLLC could help you go after compensation from the negligent party for your losses. You should not have to bear the financial cost of a collision caused by someone else.
We handle car accident injury claims on a contingent fee basis. That means you do not have to pay upfront legal fees. We get paid at the end, out of the settlement proceeds or the award.
You can call us today at (800) 598-7557 to find out how we can help you. We offer a free initial consultation with no obligation.
The Basics of Whiplash Injuries
A whiplash injury can happen when a person’s head snaps back and forth from front to back quickly, snapping like a whip, according to the Mayo Clinic. The sudden movements can stretch the neck beyond its intended range and damage soft tissue, like muscles and nerves.
Rear-end collisions are one of the top causes of whiplash injuries. The force of the impact from behind can throw the front driver’s head backward, then forward. Other types of trauma, like falls or sports injuries, can lead to whiplash injuries.
For a free legal consultation with a whiplash injury lawyer serving Tucson, call (800) 598-7557
When You Might Have Whiplash
Whiplashes have some of the same symptoms as some other injuries. You should get medical attention right away if you have or develop any of these symptoms after a car accident:
- Pain and stiffness of the neck
- Severe headache
- You cannot move your head side-to-side as usual
- When you move your neck, the discomfort gets worse
- Your arms are numb or tingly
- Your shoulder, arms, or upper back hurt
Sometimes, it takes several days for symptoms to become noticeable. Getting medical attention right away is vital to the optimal recovery of your health. Also, as a Tucson whiplash injury lawyer at Ben Crump Law, PLLC can explain, we will use your medical records to link the accident to your whiplash injury.
Tucson Whiplash Injury Lawyer Near Me (800) 598-7557
How We Establish the Liability of the Negligent Driver
You might think that the driver who struck your car would automatically be responsible for your injuries, but that is not always the case. You have to prove all four of these factors to hold someone liable:
Duty of Care
We have to establish that the other driver owed you a legal duty of care. Fortunately, it is easy to show that factor in a car accident case. Everyone who operates a motor vehicle on public streets has an obligation to drive safely and obey the traffic laws.
Breach of Duty
When someone fails to live up to a duty of care, their conduct is negligent. For example, the driver behind you on the highway dropped her cell phone onto the floorboards of her car. She ducked her head down as she picked up her phone. Taking her eyes off the road, particularly at highway speeds, is unsafe. Her careless act violated the duty to drive safely.
The negligence has to be the thing that caused the collision. Because her head was down, the driver behind you did not realize that traffic has slowed down. When she straightened up again, she did not have time to decrease her speed before hitting the back of your car. If she had kept her eyes on the road, she could have slowed down and avoided the crash. Her negligence caused the rear-end collision.
Car accident injury claims are a type of personal injury case. Most personal injury cases require a plaintiff to have quantifiable damage to pursue monetary compensation from the at-fault party. Physical injury counts as a measurable loss. If you got hurt in the rear-end collision of this scenario, the facts satisfy all four of the required elements for establishing the liability of the other driver.
A lawyer can help you determine who the negligent party was in your accident. Call Ben Crump Law, PLLC today to get started on your case.
The Settlement Value of a Tucson Whiplash Claim
Nearly every client asks us how much money they can expect to receive for their injury claim. We cannot determine the fair settlement value of your case until we talk to you and investigate your claim. Every case is different. Another person in your car might have very different injuries than you.
Some of the factors the law examines to determine the monetary value of an injury claim include:
- The severity of your injuries. A slight neck sprain that gets better within a few weeks will typically not lead to as much compensation as a severe whiplash with torn muscles and nerve damage.
- How much medical treatment you needed. One person might heal well after chiropractic treatment or physical therapy, while another might have to endure multiple rounds of medical interventions.
- Lasting problems after you complete your medical treatment. While many whiplash injuries heal well, some people get plagued with debilitating headaches and neck pain for many years.
The damages you can claim in your case may include:
- The reasonable cost of the medical treatment you needed for the whiplash
- Lost income, whether wages, salary, or self-employment
- Decreased earning capacity if you had to take a lower-paying position or cut your working hours because of problems like pain, headaches, or loss of range of motion from the whiplash
- Pain and suffering for the physical discomfort and emotional distress of the injury
Please be sure to talk to us as soon as possible. As the American Bar Association (ABA) warns, you can lose the right to go after compensation for your injuries if you wait too long. Arizona has a short deadline for filing personal injury lawsuits as you have two years to file a personal injury lawsuit, as Arizona Revised Statutes (ARS) § 12-542 states.
At Ben Crump Law, PLLC, we help people who suffer harm because of the careless or wrongful actions of others. A Tucson whiplash injury lawyer could help you pursue the compensation that you deserve. You can call us today at (800) 598-7557 to get started.