Many people often assume whiplash is a minor injury. However, anyone diagnosed with whiplash knows how impactful this injury can be. When another party’s negligence causes your whiplash injuries, that party should compensate you for your damages accordingly.
However, the claims process is often complex. While healing from your injuries, an experienced West Memphis personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC can help you get the most out of your claim. Contact our office for a free consultation today and learn more about what is next for your whiplash injury insurance and civil lawsuits.
How Whiplash Injuries Happen
Your whiplash lawyer in West Memphis, AR, will scrutinize how your whiplash injuries occurred so we can identify the liable party. There are several ways whiplash injuries can happen, based on the specific details of your case.
Sports-related accidents cause some whiplash injuries, while others occur in slips, trips, and falls. However, whiplash injuries may be more common in the following types of accidents:
Motor Vehicle Accidents
Motor vehicle accidents are one of the top ways whiplash injuries happen. The force of the collision causes the head and neck to move backward and forward violently, causing damage to the muscles and nerves in the neck.
These accidents can happen in many ways as well. Certain types of car accidents are caused by negligent driving. When a driver operates their vehicle under the influence of drugs or alcohol, while distracted or drowsy, or aggressively in any way, they can cause devastating collisions.
Local dram shops can also be held accountable when they sell or serve alcohol to someone who is already under the influence. Your whiplash lawyer’s in-depth investigation will uncover the truth.
Whiplash injuries also happen in on-the-job accidents. Some industries are more dangerous to work in than others. Factory workers, construction workers, oilfield workers, and other similar employees are at an increased risk of injury or death due to the nature of their professions.
You may suffer severe whiplash injuries in one or more of the following work-related accidents:
- Trench or ground explosions
- Scaffold accidents
- Stair or ladder accidents
- Construction vehicle accidents
- Machinery accidents
- Crane or forklift accidents
Your supervisor, colleagues, and employer could be held accountable when you suffer a whiplash-related injury. If your injuries occurred at work, you might be entitled to worker’s compensation benefits if your employer carries worker’s comp protection coverage. However, these benefits will not cover your losses in full and will be limited based on your average weekly income, the severity of your injuries, and other factors.
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How to Demand Justice After a Whiplash Injuries
Your whiplash attorney in West Memphis, AR, will be by your side to handle your claim from start to finish. While you begin to heal in the aftermath of your accident, your lawyer can consider your legal options for financial recovery. Here are some of the top ways to get justice for your suffering:
File a Claim with the Insurer
After being involved in an accident and suffering whiplash injuries, you might have the right to file a claim with the insurance company. Arkansas follows fault-based insurance laws, so you can begin by filing a claim with the liable party’s insurer.
You can also file a claim with your insurer when the liable party does not have sufficient insurance coverage if you have purchased personal injury protection (PIP) coverage or no-fault insurance coverage.
However, be aware when you file a claim with your insurance company, they will likely increase your premiums when your policy renews. Before filing an insurance claim, you should always discuss your options with your attorney so you know what to expect going forward.
File a Civil Lawsuit
Another option is to file a civil claim against the person or persons who caused your injuries. Your West Memphis whiplash attorney can handle the legal elements of your case. At trial, you can ensure the liable party is held accountable to the fullest extent of the law.
There are no limits to the amount of compensation you can win at trial the way there are when you file an insurance claim.
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The Value of Your Whiplash Injury Claim
After everything you have been through, recovering compensation for your whiplash damages is crucial. You have the right to be made whole or win compensation for every loss.
Economic damages account for the financial losses you endured. These may be out-of-pocket expenses, bills you have yet to pay, and financial losses that cannot currently be quantified, such as the damage to your credit score or report when bills remain on paid due to a lack of income.
Examples of economic losses include:
- Lost income
- Diminished earning potential
- Medical expenses
- Loss of employee benefits
- Property damages
Non-economic damages are more difficult to evaluate since they impact each person’s life differently. Your attorney will need to discuss these types of losses with you in great detail to calculate your claim’s value. Examples of non-economic damages could include:
- Reputational damage
- Mental anguish
- Embarrassing skin scars
- Loss of enjoyment of life
- Physical pain and suffering
- Loss of consortium
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Statute of Limitations for Whiplash Claims in West Memphis
According to Arkansas Code §16-56-105, there is limited time to file your whiplash claim in West Memphis. The law states you have three years from the accident date to file your claim.
However, there may be factors in place that toll or temporarily stop the statute of limitations. How long you have to file your claim may need to be clarified. To get answers, do not hesitate to contact your whiplash lawyer, who can offer the legal guidance you need when you need it most.
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Contact a West Memphis Whiplash Lawyer for Help Today
Have your whiplash injuries taken over your life? Has the impact of your whiplash injuries begun to consume every facet of your life? If so, you may have the opportunity to take legal action against those responsible.
When you reach out to a dedicated West Memphis whiplash lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC, learn more about what legal options may be most suitable for your case. Our firm proudly offers no-cost, risk-free case evaluations to whiplash injury victims across West Memphis and Arkansas. Please take advantage of this opportunity when you fill out our online contact form or call our office today.