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Compensation for Whiplash Injuries
If you’ve suffered a whiplash injury in San Antonio, you may be wondering how compensation is determined. Whiplash might not be as visible as a broken bone, but its effects can be just as painful and disruptive to daily life. Understanding how compensation is determined can help you navigate the legal process with confidence.
Understanding Whiplash Injuries
Whiplash follows when the neck is suddenly jerked back and forth, commonly from car accidents, falls, or sports injuries. The rapid motion strains the neck muscles, ligaments, and tendons, leading to symptoms like stiffness, headaches, dizziness, and even cognitive issues. While some cases resolve in weeks, others lead to chronic pain that requires long-term care.
Factors That Affect Compensation for Whiplash Injuries
Several factors come into play when determining how much compensation you may receive for a whiplash injury in San Antonio. Insurance companies and courts assess various elements to calculate a fair settlement or award.
Severity of the Injury
The extent of your whiplash injury plays a significant role in your compensation amount. Minor whiplash cases with mild pain and a quick recovery typically receive lower settlements. However, if your injury leads to prolonged pain or mobility issues or impacts your ability to work, you may be entitled to a higher amount.
Medical Expenses
Medical costs are a key factor in any injury claim. Your compensation should cover expenses such as emergency room visits, doctor consultations, physical therapy, chiropractic treatments, prescription medications, diagnostic tests like MRIs or X-rays, and future medical care if ongoing treatment is necessary. Keep all records of your medical visits and expenses, as they will serve as evidence in your claim.
Lost Wages and Loss of Earning Capacity
If your whiplash injury has forced you to take time off work, you can claim lost wages. This includes your regular salary, lost bonuses, commissions, and other employment benefits. If your injury affects your ability to work in the future, you may also be eligible for compensation for diminished earning capacity.
Pain and Suffering
Pain and suffering compensation considers the physical discomfort and emotional distress caused by your injury. Since whiplash can lead to chronic pain, depression, anxiety, and a lower quality of life, these non-economic damages can significantly impact your settlement. Courts and insurance companies determine pain and suffering damages by multiplying your medical expenses by a certain number based on severity.
Impact on Daily Life
A whiplash injury can reduce your ability to perform everyday tasks, from household chores to recreational activities. If your injury disrupts your daily life, it can contribute to a higher compensation amount. For example, if you were an active runner before your injury but can no longer participate in races, this lifestyle change could increase your settlement.
Comparative Negligence
Texas follows a modified comparative negligence system, which means that if you are partially responsible for the accident that caused your whiplash, your compensation will be reduced by your percentage of fault. For instance, if you are found to be 30% at fault in a car accident, your compensation would be reduced by 30%. If you are found to be more than 50% responsible, you may not be eligible for compensation.
Insurance Policy Limits
The at-fault party’s insurance coverage can also affect how much compensation you receive. If their policy has low limits, you might not be able to recover the full amount you’re entitled to unless you pursue additional legal action against that party personally.
Strengthening Your Whiplash Injury Claim
Presenting a strong claim backed by solid evidence is crucial to maximize your compensation. There are steps you can take to strengthen your case.
Seek Medical Attention Immediately
Even if your symptoms seem mild initially, visit a doctor immediately. A delay in treatment could cause insurance companies to question the severity of your injury. Additionally, with crashes, the adrenaline in your body can mask the actual injury and you may not feel the effects of the impact until a few days later.
Follow Your Treatment Plan
Stick to your prescribed treatments, attend all medical appointments, and document your progress. Gaps in treatment could weaken your claim.
Keep Detailed Records
Maintain copies of medical bills, doctor’s notes, accident reports, witness statements, and any correspondence with insurance companies.
Document Your Pain and Limitations
Keeping a journal that details your daily pain levels, mobility struggles, and emotional distress can provide compelling evidence of your suffering.
Consult a Personal Injury Lawyer
Navigating a whiplash injury claim can be challenging, especially if an insurance company tries to downplay your injuries. A skilled personal injury lawyer can negotiate and ensure you receive fair compensation.
The Role of a Personal Injury Attorney in San Antonio
While some minor whiplash cases can be settled directly with an insurance company, hiring an attorney can improve your chances of getting a higher settlement, especially if your injuries are severe or liability is disputed. An experienced lawyer will gather and present strong evidence to support your claim, negotiate with insurance adjusters who may try to lowball your settlement, represent you in court if a fair settlement cannot be reached, and ensure all legal deadlines are met so your claim remains valid.
Injured in a Whiplash Accident? Get the Compensation You Deserve!
If you’ve been in an accident and are dealing with the pain and frustration of whiplash, you deserve compensation for your injuries. The Crash Angels at Pelaez Law Firm fight to get you the maximum settlement for your medical bills, lost wages, and pain and suffering. Don’t let the insurance companies downplay your injuries. Let us handle the legal fight while you focus on recovery. Call 210-801-9314 today for a free consultation.
