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Is It Worth Filing a Claim for Whiplash?

Is It Worth Filing a Claim for Whiplash?

In the first quarter of 2022, the state of Texas had over 1,000 traffic fatalities, making it the highest in the country. Unfortunately, this trend has continued for the remainder of the year.

However, these numbers do not account for the thousands of injuries that occurred across the state.

One of the most common types of injuries experienced in car accidents is whiplash. This neck injury can have serious and lasting effects, including ongoing pain, stiffness, and other symptoms. The effects can become chronic if you do not seek treatment for a whiplash injury.

You may consider filing a compensation claim if you are diagnosed with whiplash after a car accident in Texas. However, you may wonder – is it worth filing a claim for whiplash, or how much do you get for whiplash 2022?

You can contact our office at The Burkett Law Firm to speak to our knowledgeable team and find answers to these questions, and others, in this handy guide.

Whiplash Defined

Whiplash occurs when a sudden or unexpected impact causes your head to move in a quick back-and-forth motion. The force from this type of accident can cause the tendons and muscles in your neck to over-stretch and tear.

A whiplash injury is most common in rear-end collisions; however, it may also happen in other accidents.

Some of the symptoms of whiplash include the following:

  • Stiffness or tightness in the neck
  • Neck pain
  • Issues concentrating
  • Headaches
  • Memory problems
  • Irritability
  • Pain that worsens when you move your neck
  • Blurred vision
  • Reduced range of motion in the neck
  • Issues sleeping
  • Balance issues
  • Back pain

In some situations, whiplash symptoms resolve on their own after undergoing physical therapy and pain medication. However, in other cases, whiplash symptoms do not improve and can have a lasting impact.

As time passes, whiplash can lead to instability, resulting in even more serious problems as a person ages.

If you do not seek treatment or a diagnosis, there is no way for doctors to know what may happen in the future or to treat your current symptoms. Because of this, it is important to seek a medical evaluation if you experience any whiplash symptoms.

Grounds For Filing a Whiplash Lawsuit in Texas

If you want compensation for a whiplash injury, you must ensure you have grounds to file a lawsuit. To do this, there are several things you must prove:

  • The at-fault party owed you a duty of care;
  • This duty of care was not met;
  • The breach of duty was the actual or proximate cause of the whiplash injury; and
  • You experienced tangible damages because of the breach.

The duty of care is a legal obligation that everyone must act reasonably based on what a prudent person would do in a similar or the same situation.

The person may owe you compensation if you can prove that another person caused your accident and injury due to negligence or carelessness. It is recommended that you seek legal representation to ensure you have the evidence needed to prove the elements above.

Average Settlement Amount for Whiplash Injuries

A whiplash injury can have a huge impact on a person’s life. While it may heal over time, it is a serious injury that can cause pain and reduced function. If you sustain a whiplash injury, you may also have a lower quality of life because of it.

In some situations, a more serious or severe whiplash injury can occur. If this happens, it can keep you from working a meaningful career or taking care of your family. This, combined with lost wages, medical bills, and other costs, can add up quickly and cause financial hardship.

The settlement process for any personal injury case in Texas is often complex. Usually, it begins with a demand letter that is sent to the insurance company. At this point, your car accident attorney will set the basis of liability for the driver and then provide proof of the damages you have experienced because of the incident. The insurance company will likely counter the initial demand with an offer.

It does not matter how serious your injuries are; the insurance company for the at-fault party will likely make an offer that is lower than what you deserve. Remember, an insurance company wants to protect its bottom line and maximize profits. This means they want to avoid giving you the best settlement possible.

No precise formula exists to determine what a fair settlement offer is. While this is true, some insurance adjusters use a multiplier method to determine the award you would receive if your personal injury case went to trial.

Sometimes, the initial offer from an insurance company will hardly cover your deductible. Sometimes, it will not be sufficient to cover your long-term medical costs or lost wages. At this point, having representation from an aggressive and knowledgeable personal injury attorney is invaluable.

You may wonder, “how long does an insurance company have to settle a claim in Texas?” The law states that it has 35 business days to do this. Sometimes, insurance companies will wait this entire amount of time.

However, paying the claim is not the same thing as reaching a settlement. The process of settling a whiplash claim can last for months or longer, depending on the situation. Eventually, your attorney can file a lawsuit and take the case to court if you cannot agree.

Contact The Burkett Law Firm for Assistance

If you are injured and suffer a whiplash injury, our legal team can help you with your case. We will evaluate your evidence and help you recover the compensation you are entitled to.

The first step is to contact our office to schedule a free initial consultation.

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