Getting whiplash from an auto accident is quite common, and if the other driver caused the crash, you can sue to recover damages through a personal injury lawsuit. When you prove the other driver’s negligence, it can be a compensable medical injury. However, whiplash can be difficult to prove because symptoms can be vague or delayed.
Insurance companies fight whiplash injury claims every step of the way. To have the best chance of a favorable settlement, you should work with an experienced personal injury attorney. Contact the Law Offices of Ali Yousefi, P.C. We will aggressively fight for any compensation you are entitled to.
What Is Whiplash?
Whiplash is a soft tissue injury to the neck. It is also called a neck sprain or neck strain. Your neck bending forcibly forward and backward, or vice versa, can cause whiplash. This type of movement is common in automobile accidents, especially rear-end collisions.
Whiplash symptoms may present immediately following the injury or be delayed. In addition to a neck strain or sprain, other symptoms may include the following:
- Neck stiffness,
- Difficulty moving the head and neck,
- Muscle soreness,
- Swelling in the neck and shoulders,
- Shoulder pain, and
- Back pain.
You may also experience more vague symptoms such as dizziness, headaches, loss of memory, or concentration problems. Always seek medical attention following an accident.
A healthcare provider can provide the critical medical care needed for recovery. They can also provide valuable documentation to support your claims.
Can I Sue for Whiplash?
Yes. A whiplash injury is compensable like any other medical condition following an accident caused by a negligent driver. Be prepared for insurance adjusters who will try to minimize the value of your claim. When suing for whiplash, you must build a solid, evidenced-based case.
Gathering Evidence to Support Your Claim
Your attorney should help you collect valuable evidence to prove your claim. This evidence can include the following:
- Medical records and bills,
- Documentation showing lost wages and other costs,
- Police reports,
- Photos and videos from the accident scene,
- Witness statements, and
- Expert reports to prove damages and liability.
A skilled attorney can thoroughly investigate your case and help you seek fair compensation.
Proving Fault in a Whiplash Auto Accident
Under California law, the at-fault driver will be legally responsible for the other driver’s injuries and related losses. California negligence law provides that everyone is responsible for injuries caused by their lack of ordinary care.
Also, if the other driver violated the California Vehicle Code or another statute, the driver may be presumed negligent under a “negligence per se” theory. No further evidence of the driver’s negligence is required if they broke a law or traffic rule. In such cases, the burden of proof shifts to the negligent driver to rebut the presumption of negligence.
California is a “pure comparative fault” state. This means you can be partially at fault and still recover damages, but your compensation will be reduced by the percentage you were at fault. For example, if your case has a value of $50,000, but you were 10% at fault, your recovery would be reduced by 10%, or $5,000. You would still be entitled to recover $45,000.
Contact Our Law Firm Today for Your Whiplash Injury
If you sustained whiplash from an auto accident, we are here to help you through this difficult time. You may be entitled to compensation. At the Law Offices of Ali Yousefi, P.C., our skilled personal injury lawyer is dedicated to pursuing all available compensation. Ali will evaluate the facts of your case, determine whether you have a case worth pursuing, and strategize the smoothest road to compensation.
Insurance companies typically throw out a low-ball offer early. They are hoping you don’t know the value of your case and will accept it to get your case “over with.” The bad news is that if the medical and other costs keep piling up, you won’t have any money left to pay your bills. And once you accept a settlement, you can never go back for more—regardless of how much more your injuries cost you. Don’t settle for a low-ball whiplash settlement offer. It is critical to seek legal guidance so your attorney can establish the strongest case. Call us today or contact us online.