When you have been in a car accident, one of the potential injuries you may be facing is whiplash. Whiplash injuries are painful and take time to heal. In the interim, you may be unable to operate a motor vehicle safely or do many of your everyday tasks.
Whiplash injuries must be taken seriously, as they can lead to life-long neck pain if the injury is not properly treated. When you have suffered a whiplash injury in an accident that was not your fault, you should be holding the responsible party accountable.
You can do this by seeking legal advice from an experienced personal injury law firm. The Las Vegas whiplash car accident attorneys of Pacific West Injury Law can help.
How To Identify The Party Liable For Your Whiplash Injury
Determining who is at fault for your whiplash injury can be complicated. For example, if you suffered your whiplash injury because of a rear-end collision, you may think the driver is automatically at fault. This may not always be the case.
Car accident cases can be complicated. The responsible party for an accident could be the driver. However, it may also be another vehicle on the road, a manufacturer of a faulty part, the driver’s employer, or someone else.
Never assume you know who is liable for your injury. You should seek guidance from an injury accident attorney with experience handling a broad range of car crash cases.
Do I Need An Attorney To File A Whiplash Injury Claim?
No. You can technically file on your own. However, it is likely not going to be in your best interest to do so. Insurance companies really like working with people who do not hire lawyers because they know you may not have a full understanding of the laws, which are designed to protect you. They are counting on being able to settle your claim for less than it is worth.
Working with a whiplash car accident lawyer in Las Vegas ensures that:
- Your rights are protected
- Your claim is filed on time
- Your claim isn’t overlooked by the insurance company
- The insurance company isn’t attempting to give you a lowball offer that doesn’t cover the true value of your expenses as a result of your whiplash accident
Insurance Company Adjusters Can’t Be Trusted To Properly Handle A Whiplash Injury Claim
Victims of whiplash injuries often believe simply filing a claim with the insurance company of the responsible party will result in a fair settlement. Do not be fooled. Insurance adjusters are not there to protect victims. Instead, their job is to protect the insurance company.
Every insurance company is accountable to its shareholders. While their income is from premiums paid by their clients, every dollar they pay out in claims eats away at their profits. Therefore, they have no interest in paying a legitimate claim if it can be avoided. Some of the tactics they will use include to minimize or deny your claim include:
- Minimizing the injury: In some cases, the adjuster will claim the injury is not as bad as you make it out to be. Your doctor can help put this into perspective when he speaks with your lawyer.
- Claiming the condition already existed: The reason we encourage victims to not sign a medical release form is that the insurance company will pull all your records and may find something to support a claim that your injury existed prior to the accident.
- Quick lowball settlement offer: The most common way an insurer gets out of paying what a claim is worth is by offering a quick settlement for a fraction of the true value of your claim. First offers are often presented as “final” offers. However, if you refuse to accept the deal, the insurer will continue to negotiate.
Make sure you never accept anything an insurance adjuster tells you at face value. All documents should be reviewed by a lawyer, and all offers should be carefully scrutinized. Once an insurance company talks you into settling your claim, they have no further liability for your losses.
Compensation For Whiplash Injury Victims
If you have suffered a whiplash injury, there are some forms of compensation that you may be entitled to if your injury is a result of someone’s neglect or deliberate action. Some of the damages you can recover include:
- Medical bills: You can recover compensation for current and estimated future medical costs for caring for your injury.
- Lost wages: You are entitled to recover financial losses suffered as a result of being out of work. You can work with your attorney to determine current losses, as well as potential future losses caused by an inability to return to work.
- Pain and suffering: Many people are unaware that the pain from a whiplash injury may linger long after you appear to have healed. According to John Hopkins Medicine, neck, shoulder, and lower back pain can remain for months.
The above losses are only some of the compensatory damages you can recover after a car accident that caused a whiplash injury. An experienced whiplash car accident attorney in Las Vegas can help you identify any other losses you suffered for which you can recover compensation.
You should not be forced to suffer the financial repercussions of someone else’s carelessness. While you are recovering, a personal injury lawyer can help pursue a claim for your injuries, so you and your family are not facing financial ruin because of your injury.
Pay Attention To The Statute Of Limitations
When considering filing a lawsuit for a whiplash injury, it is critical to pay attention to the statute of limitations for personal injury lawsuits. In Nevada, victims generally have two years from the date of the accident to file under NRS § 11.190. However, this time frame can be altered for a number of reasons.
Special circumstances may make it possible to still file a lawsuit, even after the two years have passed. At the same time, circumstances may make it so that you actually have far less time to file. An experienced whiplash car accident attorney can help identify if any exceptions apply to your case and ensure that you meet your filing deadline.
Whiplash Car Accident Lawyers Work On A Contingency Fee Basis
Unlike many types of lawyers who charge their clients an upfront fee to retain their services along with a high hourly rate, our Las Vegas whiplash car accident attorneys and other personal injury lawyers instead charge a single fee, which is paid at the conclusion of your case.
This fee is entirely contingent on the outcome of your case and is paid as a fixed percentage of the money you receive from the liable party. That means if your attorney fails to get you compensation for your injury, they don’t get paid for their services.
Common Causes Of Whiplash Injuries For Which You Can Sue
Whiplash injuries are caused when the head is thrust back and forth violently, placing strain on the neck. While car accidents are most often the cause of whiplash, they are not the only way someone can suffer from it.
According to Mayo Clinic, some of the most common causes of whiplash injuries include:
- Car accidents: Victims of a rear-end car collision often suffer a whiplash injury from the force of being pushed forward. Remember, the root cause is a strain of the soft tissue in the neck.
- Slip and fall accidents: Some victims fall during a run-in with a dog, in a parking lot with poor lighting, or while visiting a hotel where the maintenance crew is not doing an adequate job.
- Deliberate actions: Victims of domestic abuse or those who were involved in another kind of altercation may also suffer a whiplash injury.
Regardless of how your whiplash injury occurred, you should seek legal help if it is not your fault. An experienced personal injury attorney can help you hold the responsible party financially liable.
Get Help From An Whiplash Car Accident Lawyer Today
When you have suffered a whiplash injury, you have the right to seek compensation from the party who caused your accident. Do not wait. Contact Pacific West Injury Law today, and let a Las Vegas whiplash car accident lawyer help you get the compensation you deserve for your injury. Consultations are free.