Whether your whiplash injuries were caused in a car accident, slip and fall, or any other accident, if someone else is at-fault, that party should cover your expenses and compensate you for your suffering. Unfortunately, it is common for the liable party to do everything in their power to avoid financial culpability.
When you need help bringing the at-fault party to justice, an experienced Olive Branch personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC is here. Contact our team for a free consultation today to discuss what is next for your whiplash injury claim.
Grounds for a Whiplash Injury Claim
Your whiplash lawyer in Olive Branch, MS, is responsible for determining whether you have grounds for a whiplash injury claim. Not everyone who has suffered whiplash will be entitled to compensation for the damages.
Here is how you will know whether you have the right to restitution for your losses:
Our whiplash lawyers will first need to determine whether your whiplash injuries are negligence-based. Your attorney must show that the liable party is responsible for causing your injuries. To prove negligence, we will need to show that:
- The defendant had a responsibility to keep you safe and owed you a duty of care
- The defendant in your whiplash injury claim breached their duty of care by mistake or inaction
- The defendant’s violation of their duty of care was the cause of your whiplash and resulting damages
- You suffered impactful injuries, emotional distress, or financial losses
Extent and Impact of Injuries
Do not let your fear keep you from moving forward with your whiplash claim. Although you may be under the impression whiplash is a minor injury, it is not the type of injury you suffer that determines whether you have grounds for an insurance claim or civil lawsuit.
Since whiplash injuries can be excruciatingly painful and debilitating, you may still have the right to compensation for your damages. We can prove the extent and impact of your whiplash injuries through the following:
- Statements from friends and family
- Personal journal entries
- Photos of your whiplash injuries
- Personal testimony
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Compensating Olive Branch Whiplash Victims
Your whiplash attorney in Olive Branch, MS, can help you understand the value of your whiplash injuries. You may be able to recover compensation through an insurance claim or by bringing your case to court. The goal is to recover every loss. Examples of damages that could be recovered in a whiplash claim include the following:
Emotional distress can make it difficult or impossible to live your life normally. When you cannot work or maintain relationships with family and friends, these damages should be taken into consideration accordingly.
They should also be considered if you are dealing with the physical implications of your emotional distress. Examples include:
The liable party should be ordered to cover every medical bill and healthcare cost related to your whiplash injuries. Examples of medical expenses you might need for treating your whiplash include:
- Diagnostic testing
- Prescription drugs
- Ambulance bills
- Your hospital stay
There are also other medical expenses that could arise after your initial treatment. This might include preventative care, rehabilitation efforts, and reconstruction. Examples of these expenses could include:
- Medical equipment
- Home accommodations
- Future medical care
- Transportation costs
- Physical or occupational therapy
- Mental health counseling
- Reconstructive or cosmetic surgery
Lost Wages and Employee Benefits
Lost income could make it impossible for you to pay your monthly expenses. You can quickly fall into financial distress when you get behind on your bills. You also have the right to recover your loss of future earnings and employee benefits, including:
- Future bonuses
- Future potential salary increases
- Health insurance coverage
- Vacation time
- Sick time
- Paid time off
- 401(k) or retirement savings contributions
Whiplash injuries frequently occur in motor vehicle accidents. The liable party should be compelled to cover all property damages, including:
- Vehicle repair costs
- Diminished value of the vehicle
- Replacing damaged personal property
- Costs of a rental car
- Increased auto insurance premiums
- Costs of purchasing a new vehicle
- The difference between what you owe and the value of your vehicle
- Costs of physical property damages to homes or residences
Pain and Suffering
Pain and suffering damages encompass a wide array of losses. These do not have a monetary value, so your lawyer will need to quantify them. Examples of pain and suffering damages that could be awarded for whiplash include:
- Diminished quality of life
- Disfigurement or skin scarring
- Loss of enjoyment of life
- Loss of consortium
- Mental anguish
- Reputational damages
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The Statute of Limitations Is Already Approaching
Our whiplash injury lawyers will ensure your claim is filed before the statute of limitations runs out. Under Mississippi Code § 15-1-49, whiplash claims generally must be filed within three years of the accident that caused them.
However, this date is only sometimes specific. Your attorney can ensure your claim is filed before the deadline so you are not banned from hearing your case in Mississippi civil courts.
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Sharing Liability Will Impact the Compensation You Are Awarded
Mississippi follows pure comparative negligence laws under MS Code § 11-7-15. While this will not prevent you from recovering compensation, sharing fault will reduce the restitution you can be awarded. Our Olive Branch whiplash attorneys will ensure liability is evaluated correctly so you are not taken advantage of during these trying times.
Expect your settlement to be reduced in proportion to your liability. For instance, if you are found 10% at fault for your whiplash injuries, your injury settlement will reflect a 10% reduction.
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Meet with a Whiplash Lawyer in Olive Branch Today
When you feel overwhelmed and intimidated about pursuing your injury claim, you can breathe easier knowing a reputable Olive Branch whiplash lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC is fighting tirelessly to demand the compensation that is rightfully yours.
Are you ready to take action and hold the at-fault party accountable? Do not hesitate to call our office to schedule your free, no-obligation consultation today. You can reach us through our quick contact form or by phone to get started on your case as soon as today.