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Can I Receive Compensation for a Whiplash Injury?

Posted in Personal Injury on March 30, 2021

Whiplash is an injury to the soft tissues of the neck, including the muscles and tendons. This injury acquired its name from the motion of the neck that most often causes whiplash: the head and neck rapidly whipping backward and forward in an accident such as a car crash. If you suffered a whiplash injury in Dallas, Texas, you may be eligible to receive financial compensation from the person or party who caused your accident.

Whiplash Injury compensation in texas

Do You Have Grounds for a Claim in Texas?

Obtaining financial compensation for an accident-related injury such as whiplash in Texas requires proof that one or more parties are responsible for causing your injury. The civil justice system in Texas works by making victims whole again through monetary damages, but only if those victims’ injuries were caused by someone else’s carelessness or recklessness.

To have grounds to hold someone financially responsible for your whiplash injury in Texas, you or your personal injury lawyer will need proof establishing four main elements:

  1. The defendant owed you a duty of care.
  2. The defendant did not meet his or her duty of care.
  3. The defendant’s breach of duty was the proximate or actual cause of your whiplash injury.
  4. You suffered compensable damages as a result.

A duty of care is a legal obligation to act in a reasonable manner according to what a prudent person would do in the same or similar circumstances. Some of the most common accidents that cause whiplash injuries in Dallas are car and truck accidents, sports incidents, physical assaults, and amusement park rides.

If you have proof that someone else caused your accident and whiplash injury through an act of carelessness, such as a drunk driver, that person or party may owe you compensation. An attorney can help you gather evidence that proves the defendant is liable, such as a police report, expert testimony or medical records. Then, your lawyer can help you fight for maximum compensation.

Types of Damages Available for Whiplash

Filing a whiplash injury lawsuit in Dallas, Texas could allow you to receive insurance benefits or a judgment award for several past and future losses associated with your injury. If your lawyer succeeds in proving the defendant as more likely to be at fault than not at fault (based on a preponderance of the evidence), you could receive compensation for many different damages. These may include:

  • Medical expenses
  • Disability costs and ongoing medical care
  • Lost wages
  • Property repairs
  • Pain and suffering
  • Lost quality of life
  • Inconvenience
  • Out-of-pocket expenses
  • Punitive damages

A personal injury lawyer can help you create a full and comprehensive list of all of your damages, including future medical needs due to pain, debilitation, loss of motion, dizziness, headaches, blurred vision, nerve damage and other common symptoms associated with whiplash. Your lawyer can then take over settlement demands and negotiations with the insurer on your behalf.

What Is the Average Settlement for a Whiplash Injury?

The value of your whiplash injury claim in Dallas will depend on the extent of the damage done to your neck or back in the accident. In general, a more severe physical injury will result in a higher compensatory award for the injured victim. Severe injuries require more medical care and time taken off of work. They also cause greater pain and suffering. All of these factors will increase an insurance settlement or judgment award in Texas.

There is no average settlement value you can use to determine the worth of your case. You will need to speak to a personal injury attorney in Dallas for a personalized estimate of your case’s value. Some accident victims receive $10,000 or less for whiplash injuries, while others receive more for severe soft-tissue damage.

If you recently suffered a whiplash injury in any type of accident, contact an attorney for a free case review. You could be eligible for financial compensation.