Whiplash is a common injury that may initially seem minor but can cause complications down the road.
In many cases, whiplash injuries result from car accidents. You may have a legal case against a driver or other party who causes your car accident and whiplash injury. Working with an injury lawyer who handles whiplash accident cases in Hammond can be the most effective way to determine if you have a legal cause of action against other parties.
You have only a limited time to pursue legal cases that arise from injuries suffered in a car accident. As a result, connecting with Laborde Earles Injury Lawyers as soon as possible after your accident can be crucial to preserving your legal rights. You can ensure that you protect yourself and any legal case that you have following an accident by getting legal advice right away.
What Compensation Can I Get for a Whiplash Injury?
Some car accidents can cause temporary minor injuries, but others that occur at high speeds or involve multiple vehicles can be much more catastrophic and cause injuries like whiplash, which occurs when a person suffers a forceful and quick back-and-forth motion of the neck. The movement of the neck resembles a cracking of a whip.
Consulting a whiplash injury lawyer will give you a better idea of the potential damages that may be available in your Hammond case. Some of the damages that you might be eligible for following a car accident in which you have suffered whiplash or other injuries could include:
- Current and future medical expenses, including surgical costs, hospital bills, and the costs of rehabilitation or other forms of treatment for your injuries
- Lost wages and loss of future income and earning capacity if permanently disabled and unable to return to work
- Physical pain and suffering, along with emotional or mental trauma
- Permanent disability, an inability to engage in activities, and assistance with activities of daily living that you no longer are able to do on your own
How Do I Prove My Whiplash Injury Case?
Most whiplash injury claims that result from car accidents are based on the legal theory of negligence. People who are careless or reckless are deemed negligent when they do not meet the standard of care that a reasonable person would exercise in the same or similar situations. A negligent driver who causes an accident resulting in injuries is often the basis for a car accident claim or lawsuit.
Proof of negligence requires evidence of at least four elements:
- The negligent person had a legal duty to act reasonably to avoid injury to others.
- The person violated their duty of care.
- Violating that duty of care injured others.
- The injuries resulted in damages or losses to the people harmed.
In car accident claims or lawsuits, all drivers have a legal duty to obey traffic laws and avoid injuring others. When drivers violate traffic laws by speeding, failing to stop at traffic lights or stop signs, or driving while impaired, they arguably are negligent if their actions cause an accident. If the accident results in injury to others or property damage, the negligent individuals may be liable to the parties who have suffered the losses.
How Long Do I have to File My Whiplash Injury Case?
All states have laws that set time limits on your ability to file whiplash injury cases. However, Louisiana has shorter deadlines or statutes of limitations than most other states. According to CC §3492, you have only one year from the date of your whiplash injury to file your case for damages against all potentially liable parties.
Missing this deadline may leave you without legal recourse to seek relief for your injuries. You will be unable to pursue your case, even if another party was clearly at fault for causing your accident.
The statute of limitations applies only to cases filed in court, not to insurance claims. As a practical matter, filing a claim with the insurance company for the responsible driver or party is the first step toward claiming compensation for your injuries. However, the insurance claims process can take weeks or months to resolve, so we recommend getting started on it right away.
Get Help with Your Whiplash Case with Our Attorneys Today
Call our offices today at (337) 777-7777 to get started on the steps that you need to take to get compensation for your injuries. We can build your case and lead your case to help you get the compensation that you need.
