If you got into a car crash or suffered significant trauma from another type of accident, you could develop a condition called whiplash. According to the Mayo Clinic, whiplash develops when your neck moves sharply in different directions due to the force of an impact. This movement can place a lot of strain on the neck muscles and other tissues, disks, and ligaments.
Whiplash can cause excruciating pain while it heals. You will likely need medical attention and have other expenses related to your accident.
If you or a loved one suffered injuries in an accident and developed whiplash, you do not have to deal with the resulting expenses alone. You can hold the other driver responsible for the accident and have them pay compensation to help with your expenses.
A San Francisco whiplash accident lawyer can help you file personal injury and property damage lawsuits to claim compensation. Call the team at Ben Crump Law, PLLC, today at (844) 730-0233 for a free consultation about your case.
Determining Liability
Establishing liability is the heart of every civil case. Liability essentially determines who has responsibility for the accident. As the victim, you must show that the other driver owed you a duty of care, breached that duty, and that breach caused your injuries and related damages.
For example, a distracted driver might have rear-ended your car while fiddling with the radio. The driver owed you the duty to drive safely and not hit your vehicle. They breached that duty when they adjusted their radio, which led to the crash and your injuries.
Proving the other driver’s liability allows you to file a third-party claim with the at-fault driver’s insurance company or sue the driver for compensation.
For a free legal consultation with a whiplash accidents lawyer serving San Francisco, call (844) 730-0233
Typical Costs of Whiplash Accidents
Whiplash can develop in any car accident and some incidents that do not involve cars, such as contact sports or physical abuse. If your whiplash resulted from a car accident, it would tend to incur expenses common across different types of car accidents:
- Emergency medical services: Going to the emergency room can be expensive—especially if an ambulance transported you to the hospital—and insurance might not cover the entire cost.
- Medical therapy: You might need different types of medical equipment after the accident. The most common type is a neck brace, keeping your head still so that your neck muscles can heal. You might also require physical therapy or rehabilitation to strengthen your neck muscles after a lengthy recovery period.
- Car repair or replacement: Your accident will likely leave your car damaged and in need of repairs—or in a worst-case scenario, the repair costs are substantial enough to require replacement of the car.
- Lost wages: If your suffered severe enough injuries or your car had serious damage that requires lengthy repairs, you might be out of work for an extended period. This missed work time will make it difficult to pay your bills. When you add the accident-related expenses on top of your regular bills, you can see how a simple car accident could lead to significant financial distress.
As the accident victim, you can file a lawsuit to recover compensation, which will help you deal with these new financial burdens. You might find it beneficial to speak with a San Francisco whiplash accident as you weigh your options. Call Ben Crump Law, PLLC, today for a free case review with our team.
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Possibly Recoverable Compensation
As you decide whether to file a lawsuit after your accident, you will likely wonder what you could recover in compensation. You can claim any expense related or directly caused by your accident in a lawsuit. For example, you can include any medical bills that you have for treatment related to the accident.
While you can include the repair or replacement costs for your car, many people forget that they can also claim any damaged or destroyed property in the vehicle under property damage laws. If you must miss work, you can also claim the wages and benefits that you did not receive.
You might also have grounds to claim particular types of compensation, including pain and suffering damages and punitive damages. Not every case includes these awards. Pain and suffering deals with the emotional and mental impact that your accident has had on you and your family. If the trauma has especially affected you, you may be entitled to compensation to address the problem.
Juries and judges award punitive damages to punish the at-fault driver for egregious or willful behavior while also attempting to prevent drivers from similar dangerous acts in the future.
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Reasons to Hire a Lawyer
If you suffered injuries in a collision and developed whiplash, you might want to consider hiring a car accident lawyer to help you fight for compensation to deal with your medical and property damage expenses. While you do not need an attorney to pursue an award, they can help you during this trying time while keeping in mind the deadline for filing a personal injury case.
CCP § 335.1 sets the time limit at two years from the date of the accident to file a personal injury lawsuit to recover compensation for your medical expenses. You also have three years under CCP § 338 to file a property damage lawsuit to recover compensation for the damage to your car and other property items.
Building a case can take some time, so you might want to act quickly to allow your San Francisco whiplash accident lawyer sufficient time to track down evidence and witnesses that bolster your claim.
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Call Us to Discuss the Details of Your Potential Case
A whiplash accident can have a significant impact on your life, but you do not have to deal with the fallout from a collision on your own. As the victim, you can claim compensation for your accident-related expenses and the crash’s impact on your life.
To do this, you can speak with a San Francisco whiplash accident lawyer who can guide you through the legal process. Call the office of Ben Crump Law, PLLC, today at (844) 730-0233 for a free consultation with a team member.
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