Neck injuries can interfere with work and other daily activities. If you suffered whiplash in an accident that wasn’t your fault, a California whiplash lawyer can help you pursue compensation.
For more than 25 years, the lawyers at Sweet James have been fighting for injury victims. If you sustained a neck injury caused by someone else’s negligence, a San Diego whiplash lawyer can help you seek damages.
What Can a San Diego Whiplash Attorney Do for Me?
The process of building a personal injury claim can be overwhelming, especially if you are already dealing with a serious neck injury.
A whiplash injury lawyer can:
- Investigate the collision: Your attorney can review the accident report, photographs, traffic-camera footage, witness statements, vehicle damage, and other evidence to determine how the injury occurred and who is at fault.
- Document your injuries: Your lawyer can use medical records, diagnostic testing, treatment records, and other documentation to establish the connection between the accident and your whiplash.
- Calculate your losses: An attorney can help make sure your claim accounts for your medical bills, lost wages, pain and suffering, and other damages.
- Handle insurance negotiations: A lawyer can communicate with insurers and pursue a fair settlement on your behalf.
- Represent you in court: If a fair settlement isn’t offered, your attorney can advocate for you in court.
What Types of Compensation Can You Recover?
Depending on the specifics of your case, available damages may include:
- Medical expenses: You can seek compensation for emergency treatment, physician visits, diagnostic testing, medication, physical therapy, and other reasonable medical expenses.
- Future medical care: If your injury requires continued treatment, you can seek damages for reasonably anticipated future medical costs.
- Lost wages: You may recover damages for income you lost because your injuries prevented you from working.
- Reduced earning capacity: If the injury affects your ability to perform your job or earn the same income in the future, additional damages may be awarded.
- Pain and suffering: You can pursue compensation for physical pain, discomfort, and the impact the injury has on your quality of life.
- Emotional distress: If the accident or your injury causes anxiety, frustration, sleep problems, or other emotional issues, you may receive additional compensation.
- Punitive damages: Though rare, punitive damages may be available if the defendant acted with malice, oppression, or fraud.
A personal injury lawyer can help calculate your damages and determine the value of your whiplash claim.
What Is the Deadline to File a Whiplash Claim in California?
CCP § 335.1 generally gives you two years from the date of a whiplash injury to file a personal injury lawsuit in California. If your symptoms do not manifest or get diagnosed right away, the two-year clock may not start until you discover the injury (or reasonably should have discovered it).
A different statute of limitations can apply in certain situations, such as if your claim involves a government-owned vehicle. Missing the applicable deadline can prevent you from suing for whiplash in California, which is why you should contact a San Diego personal injury lawyer immediately after an injury.
How Do You Prove Whiplash After a Car Accident?
Proving whiplash can be challenging since it may not produce obvious external symptoms. Insurance companies may question whether your condition was caused by the collision, particularly if your symptoms developed after the accident. Evidence that may support your claim includes:
- Medical records and diagnostic results
- Bills for emergency care and follow-up treatment
- Prescription records
- Physical therapy records
- Photographs of the accident scene and vehicle damage
- Police or accident reports
- Statements from witnesses
- Employment records documenting missed work
- Documentation of your symptoms and limitations
A San Diego whiplash injury lawyer can help collect evidence that proves you suffered whiplash.
What If You Were Partially at Fault?
California follows a pure comparative negligence system, which means you can still recover damages if you were partially at fault for a car accident. Even if you are 99% responsible for your injury, you will still be able to pursue compensation. However, your total recovery will be reduced according to your percentage of fault.
For example, if your damages total $50,000 and you are found 20% responsible for the accident, you would receive $40,000.
A San Diego whiplash accident lawyer can protect you if the insurance company tries to shift blame for your injury onto you unfairly.
What Is Whiplash?
Whiplash is a neck injury caused by a sudden back-and-forth movement of the head. Though it is commonly associated with rear-end car accidents, virtually any accident that causes rapid movement of the head can cause this injury. Common symptoms of whiplash include:
- Neck pain and stiffness
- Headaches
- Reduced range of motion in the neck
- Shoulder and upper-back pain
- Tenderness in the neck
- Fatigue
- Dizziness
- Tingling or numbness
- Difficulty concentrating
If you are currently experiencing any of these symptoms, a San Diego whiplash car accident lawyer can help you seek compensation for your medical bills and pain and suffering.
What Should You Do After a Whiplash Injury?
The steps you take after a whiplash injury can affect your ability to prove the injury and recover compensation. It’s critical to:
- Report the accident: Make sure the collision is reported to the appropriate authorities and your insurer.
- Document the accident scene: If your condition allows, take photographs of the vehicles, the roadway, and any visible injuries.
- Seek medical attention: You should always see a doctor after a car accident. Tell them about the crash and describe every symptom you are experiencing, including any neck pain or stiffness.
- Follow your treatment plan: Attend all follow-up appointments and adhere to your doctor’s instructions concerning medication, physical therapy, activity restrictions, or additional testing.
- Keep medical records: Save bills, treatment records, prescriptions, diagnostic results, and other documents related to your injury.
- Keep track of your symptoms: Record when pain, stiffness, headaches, or other symptoms occur and how they affect your day-to-day activities.
- Be cautious with insurance statements: When speaking to insurance adjusters, don’t minimize your injuries or speculate about who is at fault for them.
- Get legal assistance: A San Diego whiplash injury attorney from Sweet James can review your case and advise you on your options.
Contact a San Diego Whiplash Accident Attorney
If you have suffered a whiplash injury that isn’t your fault, you deserve compassionate legal representation. A San Diego whiplash car accident attorney from Sweet James can gather medical evidence, handle the insurance company, and fight for the compensation you deserve.
Book a free case review to get started with your claim. You’ll only pay attorney fees if we recover compensation for you.
