No one ever expects a whiplash injury to be life-altering. However, those who suffer whiplash injuries often report severe pain, disability, and considerable financial losses.
When someone else causes your injuries, you can hold them accountable with help from a reputable car accident attorney at Gatti, Keltner, Bienvenu & Montesi. When we take on your case, you can be sure the liable party will be identified, and we will account for every loss so you can get the most out of your insurance and civil claims.
Whiplash Injuries Are Debilitating
Whiplash is not often thought of as a catastrophic injury. However, anyone who has suffered a whiplash injury knows how disabling it can be.
Your whiplash lawyer in Lakeland, TN, at our firm has worked with whiplash injury victims and understands how much they can disrupt your life. These types of injuries should be taken seriously, as they can cause:
- Chronic pain
- Emotional distress
- Considerable medical expenses
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Ways Whiplash Injuries Happen
Proving that someone else is responsible for causing your whiplash injuries will be critical if you hope to recover compensation for your damages. Your whiplash attorney in Lakeland, TN, will thoroughly investigate how your accident occurred so that we can identify the at-fault parties.
Examples of accidents that cause whiplash injuries in Lakeland include:
Liability for Your Whiplash Damages
Our whiplash lawyers in Lakeland are here to prove liability for your damages. To do this, our team of investigators will need to determine how the accident occurred.
For example, if you were involved in a car accident, your whiplash lawyer would need to determine how the collision occurred. Did a drunk driver cause the accident? Was there a mechanical defect that caused you to crash?
The individual or entity ultimately at fault for the accident can be compelled to repay you for your damages.
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Proving Negligence In a Whiplash Injury Claim
Whether you file an insurance claim or bring your whiplash case to court, you must prove that another party’s negligence caused your damages. Our Lakeland whiplash injury lawyers will uncover the truth as part of our investigation. Here is how:
The Burden of Proof
The burden of proof is based on a preponderance of the evidence when you file a whiplash claim. The evidence we present must leave a little doubt in the jury’s minds that the defendant is at fault for your damages. The elements of negligence in a whiplash claim are as follows:
- The defendant owed you a duty of care or was responsible for keeping you safe.
- The defendant made an error or mistake that caused them to breach their duty of care.
- The defendant’s breach is the cause of the accident that produced your whiplash injury.
- The accident you were involved in and your whiplash injuries caused you significant economic and non-economic damages.
Types of Evidence to Prove Fault
Our Lakeland whiplash attorneys will gather the evidence to prove the liable party’s negligence, no matter what type of accident caused your injuries. We will need to verify the defendant’s liability and the value of your damages.
Evidence that can be used to support the amount of compensation you are seeking and the defendant’s negligence includes:
- Medical records
- Police and crash reports
- Evidence from accident reconstructionists
- Expert and witness testimony
- Forensic evidence, such as cell phone records
- Photos of your whiplash injuries
- Testimony from friends and family
- Safety and inspection records
- Maintenance logs
- Video footage of the accident
How Whiplash Victims Are Compensated
Your whiplash injuries may destroy your life. Recovering compensation for every loss is critical if you hope to return to your life with minimal financial losses, despite emotional trauma and devastating physical injuries.
Here are some of the top ways you can get the most out of your whiplash injury claim in Lakeland:
Filing Insurance Claims
You can file a claim with the insurance company. Your lawyer will determine whether you should file a claim with your insurer or that of the liable party. Tennessee follows fault laws for insurance purposes.
This generally means the liable party’s insurer should pay. You might have purchased no-fault insurance coverage, allowing you to file a claim with your insurer. However, doing so could negatively impact your insurance rates down the line.
Going to Court
Insurance coverage is often limited to specific types and amounts. Losses that the insurance company does not cover can be sought through a whiplash injury lawsuit.
At trial, you are not limited to specific types or amounts of damages the way you are with an insurance claim. However, you may face a $750,000 cap on non-economic damages in a Tennessee personal injury claim.
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Types of Damages Whiplash Victims Can Recover
A variety of damages could be paid out in a Lakeland whiplash injury claim. These can be further categorized as compensatory damages and punitive damages. Here is more:
Compensatory Damages
Compensatory damages are losses you have the right to recover. Examples include:
- Costs of whiplash treatment
- Personal property damages
- Lost income
- Emotional distress
- Physical trauma
- Diminished quality of life
Punitive Damages
Punitive damages, also known as exemplary damages, are only paid when the court system believes the defendant’s conduct should be punished due to its egregious or reprehensible nature.
Deadlines for Your Whiplash Lawsuit
Ensure your whiplash injury lawsuit is filed before the statute of limitations expires. Per Tenn. Code § 28-3-105, time may be limited to just one year after the accident before the statute of limitations runs out.
Call a Whiplash Lawyer in Lakeland for Help Today
The impact your whiplash injuries can have on your life could be devastating. Although compensation will not change or make up for the trauma you have endured, it can provide you with an opportunity to escape financial ruin and rebuild your life.
When you are ready to find out more about how much your whiplash injury damages are worth or what to expect from the claims process, do not hesitate to contact a knowledgeable Lakeland whiplash lawyer at Gatti, Keltner, Bienvenu & Montesi. You can fill out our quick contact form or call our office to schedule your free, no-obligation consultation today.
(901) 526-2126
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