Any time that your head whips forward and backward with significant force, your neck muscles can strain. This injury causes inflammation and pain, limiting your movement and impacting your overall well-being. This injury, called whiplash, is a common issue among people who have been in car accidents, resulting from the rapid deceleration that occurs in a collision.
If you have been in a crash or any other accident that resulted in a whiplash injury and another party was responsible for the collision, one of the options you may have is to file a personal injury claim to recover your losses. Learn more about whiplash injuries and what legal options you can pursue.
Common Symptoms of Whiplash Injuries
Whiplash is a soft-tissue injury that occurs when your neck muscles, ligaments, and tendons are forced beyond their normal range of motion, damaging the tissues. The most common cause of these injuries is rear-end collisions, though head-on crashes can also cause them.
Whiplash symptoms include:
- Neck pain
- Stiffness
- Fatigue
- Tenderness in arms or shoulders
- Headaches
- Tingling in the arms
- Numbness in the arms
- Blurred vision
- Sleeping problems
- Ringing in the ears
Some people also experience depression, irritability, and trouble focusing. Typically, the symptoms of whiplash don’t begin immediately after the crash. It can take hours and even days for the swelling that causes the majority of the discomfort to begin, which can lead you to initially think that you were not hurt in the crash.
Treating Whiplash Injuries
As with other soft-tissue injuries, the first course of action is to rest the affected area. You may need anti-inflammatory medications and over-the-counter pain relievers. For more severe whiplash injuries, you may require muscle relaxants or even numbing shots.
In some instances, it may be necessary to get physical therapy. This is the case if you have ongoing pain that rest doesn’t address.
Legal Considerations After Suffering a Whiplash Injury
If you suffered a whiplash injury because of another party’s negligent or wrongful conduct, you may be able to begin a personal injury claim. In these legal actions, you must prove that the other party owed you a duty of care that they breached, causing the whiplash injury.
These cases can quickly become complex. You will need to gather substantial evidence to demonstrate that the person behaved in a way that another reasonable person would not have.
You can also expect the other party’s insurance company to try to pin the blame for the accident on you. Georgia follows a modified comparative negligence law that may still allow you to recover losses if you were partly responsible for your injuries, as long as your share of the fault is below 50%. If insurers can push your liability beyond that threshold, you will be barred from recovering any losses.
Additionally, there is the further complication of ensuring that you meet the filing deadline. Georgia’s statute of limitations for the majority of personal injury claims is typically two years from the date of the accident.
This may seem like a substantial amount of time, but it’s never a good idea to wait too long to begin the process. Getting started quickly makes gathering evidence easier and gives you time to build a robust case.
How Can a Lawyer Support Your Whiplash Injury Claim?
One of the most important things you can do for your claim is to hire an attorney to assist you. A lawyer will know how to investigate the accident that resulted in your injury and will understand what evidence can make a difference when proving that the other party is responsible for your losses.
With an attorney assisting you, you will also have access to expert witnesses. These witnesses, including accident reconstructionists, can provide insight into exactly how the whiplash injury occurred. Your lawyer will be able to calculate your full damages, too, including how the injury could impact your quality of life.
Vitally, you will have someone with experience who can negotiate with insurance companies more effectively. This is one of the most challenging aspects of a claim, so having someone on your side gives you a chance to receive fair damages.
Contact Our Atlanta Personal Injury Lawyers at Hammers Car Accident & Personal Injury Lawyers for a Free Consultation
After sustaining a whiplash injury because of another party’s misconduct, you should hire an attorney as quickly as possible to avoid missing out on obtaining compensation. With dedicated representation, you can receive the support you need.
At Hammers Car Accident & Personal Injury Lawyers, our team of attorneys draws on decades of experience to represent clients in even the most challenging cases. If you hire our Atlanta personal injury attorneys, we’ll tirelessly pursue the economic and non-economic damages you deserve. Schedule a free consultation to speak with one of our lawyers about your case. Contact us today at (770) 900-9000.
