Fresno Whiplash Injury Lawyer

Item: Setareh Law, APLC
Rating: 5
Author: Dina H.

Whiplash Attorney In Fresno, CA

Accidents have become so commonplace that we’re no longer surprised when we drive by one on the highway or hear about a loved one experiencing one. In fact, the CDC’s data on accidents is quite shocking and shows that a staggering 24.8 million people visited a physician’s office in 2018 to receive treatment for unintentional injuries.

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One of the most common injuries is whiplash. While there are no specific numbers, statisticians estimate the number to be upward of 1.2 million annually. For someone who may be currently experiencing such an injury, you need medical attention and legal aid to deal with costs associated with treating the injury, among others. Partnering with a skilled Fresno whiplash attorney can help make sure you get the compensation you deserve.

Understanding Whiplash and Its Effects

Whiplash happens due to a forceful back-and-forth head movement. This is the most prevalent injury people sustain when involved in a rear-end auto collision. However, it can also come about as a result of sports injuries, amusement park rides, or even physical abuse.

The injury occurs when your neck’s soft tissues are forced to go beyond their normal range of motion. In most whiplash cases, the effects do not immediately appear once the injury happens, but a few hours or days after sustaining it. Even though most instances of whiplash are mild, they can end up causing long-term pain and discomfort.

The symptoms you may experience vary from the next person. However, some typical indicators that you have sustained the injury include:

Neck pain, occasionally with stiffness
Headaches radiating from the skull’s base
Blurred vision
Dizziness
Feeling tired constantly

You should seek medical advice for proper diagnosis and to prevent aggravation as soon as possible. If you’ve suffered the injury due to an auto accident, or by other means, seek legal recourse to help you offset the costs of treating it and its complications.

How to Pursue Compensation Following a Whiplash Injury

The State of California bases injury cases on the Doctrine of Negligence, where the person at fault fails to meet an established standard of behavior that’s meant to protect the people around them. Therefore, to ensure you win your personal injury case, it’s contingent that your lawyer proves these four elements of negligence:

Duty of care
How the defendant has breached their duty of care
That the breach of this duty of care was the cause of your suffering injuries
The damages you have suffered were due to this breach

To have a better chance of winning a settlement, you have to prove to the court that you did not take part in causing the breach of the duty of care. Civil cases are decided on a balance of probabilities, and you can be partly at fault, thus reducing the awards you would otherwise have received had you been blameless.

Due to the statute of limitations on Fresno personal injury cases, it is best to approach the court within two years of the date you suffered the injury. Attempting to bring such a suit after that limitation will fail.

Can You Recover Damages Following a Whiplash Injury

You can recover damages brought about by the injury you suffered from an auto accident or other cause. The types of damages you may receive include economic damages, non-economic damages, and potentially punitive damages as well.

In suits where you have suffered an injury, you’ll be limited to recovering the first two types of damages. The purpose of economic damages is to make sure an injury victim is compensated for the financial losses they’ve suffered because of the injury. Some of these losses include:

Medical expenses
Lost wages
Costs associated with continuing and future medical care
Damage to property
Reduced earning capacity

This is why going to a medical professional when you suffer an injury is important. All the documentation generated during the course of your treatment becomes evidence crucial to buttressing your claim.

Non-economic damages are typically harder to prove, which is why you need a competent attorney to handle such claims. These damages are meant to cover injuries without a set financial value. Examples include:

Emotional and mental distress
Loss of quality and enjoyment of life
Scarring or disfigurement
Pain and suffering

In case you’ve been in an auto accident, an insurance adjuster will try to get in contact with you, for the purposes of coming up with a settlement. Whatever you do, don’t accept the offer given to you, as it is rarely sufficient to cover your losses. The adjuster does this to minimize how much they need to pay out while getting you to give up your right to sue.

Let The Experienced Fresno Whiplash Injury Lawyer at Setareh Law Help You Today

You shouldn’t have to shoulder the stress and worry of a whiplash claim by yourself. Therefore, you should begin with discussing with a competent attorney who’s committed to getting you what you deserve. Setareh Law and our team of competent and Spanish-speaking attorneys can help you and your claim.

Our passion, experience, and drive to serve our clients ensure we get you the best deal possible according to the facts of your case. If you’d like to see how we can help, call us at (559) 212-3708 or simply fill out this contact form on our online site.