Even if it seems minor, a whiplash injury can significantly impact your life. This type of neck injury is common and regularly changes how victims live their lives.
A whiplash injury can affect how well you sleep, can cause you to suffer headaches, and, overall, significantly reduce your quality of life. You deserve to receive compensation; for that, you need to speak to an experienced whiplash attorney.
Continue reading to learn what to expect after a San Jose whiplash accident and how one of our attorneys can help through this challenging process.
Why Choose the Attorneys at Golden State Lawyers
San Jose personal injury lawyers have the experience that you need to help get the compensation you deserve after a San Jose whiplash accident.
Suffering from whiplash because of an accident? Contact us.
We offer personalized and compassionate service to each of our clients. We know that the injuries you now suffer are not your fault but the fault of a negligent person or entity. That is why we are committed to getting you the compensation that you deserve after a whiplash accident.
Time is of the essence, so do not delay. Contact the Golden State Lawyers today to begin the process of financial recovery after surviving a personal injury accident.
How Can a San Jose Accident Attorney Help Me Fight the Insurance Company?
Whiplash can change your life. The constant pain that you can face when suffering a whiplash injury is compensable, but insurance companies might do everything they can to avoid making payments to legitimately injured people.
An attorney can help present your case convincingly, increasing your odds of receiving the compensation you deserve after an accident. Here are some ways that an attorney can help fight back against the insurance company when they do not want to offer you a reasonable settlement:
Assessing Your Case and Damages
Sometimes, an accident victim doesn’t recognize the full extent of their losses after an accident. An attorney will evaluate your medical records, accident reports, and other evidence to determine the full extent of your injuries and losses. They can help calculate current and future medical expenses, lost earnings, pain and suffering, and any long-term impacts of your injury.
Handling Communications
Speaking to an insurance company can feel overwhelming and intimidating. Insurance companies try to minimize payouts by using your statements against you.
An attorney will handle all communication and negotiations to protect your interests. They will ensure you do not say anything that can harm your claim.
Negotiating for a Fair Settlement
Personal injury accidents are often resolved through settlement negotiations. Insurance companies are known to do everything they can to avoid making legitimate payments to injured people.
An attorney will negotiate on your behalf after an accident. Insurance companies often lowball initial offers. An attorney knows what a fair settlement looks like and can negotiate aggressively for you. They can push for compensation beyond medical bills, including lost earnings, rehabilitation, and emotional distress.
Filing a Lawsuit if Necessary
If settlement negotiations do not pan out well, your lawyer will file a lawsuit and take your case to court. They can push for compensation beyond medical bills, including lost earnings, rehabilitation, and emotional distress.
Gathering Evidence and Expert Testimony
Gathering evidence after an injury-causing accident can be a massive task. An attorney can help ease the burden of gathering evidence, especially pieces of evidence that might be hard to find.
Your attorney can gather medical reports, accident reconstructions, and expert testimony to strengthen your case. They may work with doctors, physical therapists, and economists to prove how the injury has affected your life.
Meeting Legal Deadlines
Meeting deadlines after an accident is important. Missing any important deadlines can mean losing the right to pursue compensation on your whiplash claim. Every state has a statute of limitations for filing personal injury claims.
An attorney files all paperwork on time so you do not lose your right to sue.
Fighting Bad Faith Insurance Tactics
Some insurance companies use bad faith tactics to avoid making payments to insurance companies. If the insurance company delays, denies, or undervalues your claim unfairly, an attorney can fight back by proving bad faith and seeking additional damages.
What Injury Cases Do Golden State Lawyers Handle?
Attorneys handle a variety of whiplash injury cases, typically focusing on situations where negligence or wrongful actions cause injury.
Here are the most common types of whiplash cases attorneys take on:
- Rear-End Collisions
An attorney can help after a rear-end accident. The most common cause of whiplash is the sudden impact of a traffic accident, causing the neck to snap back and forth. - Head-On and Side-Impact Collisions
These serious accidents can result in a whiplash injury. An attorney can help investigate the cause of the crash and get you what you deserve after an accident. - Hit-and-Run Accidents
If the at-fault driver flees, attorneys can help recover compensation through uninsured motorist claims. - Truck Accidents
Due to the size and weight of trucks, whiplash injuries from truck accidents can be severe, even at lower speeds. A whiplash lawyer can help you get what you deserve after a truck accident. - Motorcycle Accidents
Riders who experience stops, impacts, or being thrown from their bike can suffer severe neck and spinal injuries, including whiplash. - Slip and Fall Accidents
A fall can suddenly jerk the neck, causing soft tissue damage similar to a car accident. These cases often involve premises liability claims against property owners. - Workplace Accidents
Employees may suffer whiplash from falls, vehicle accidents, or physical strain on the job. Attorneys help with workers’ compensation claims or third-party lawsuits.
- Medical Malpractice
Improper medical procedures or chiropractic malpractice can cause neck injuries and whiplash.
- Defective Products
Faulty car seats, airbags, headrests, or seat belts that fail to protect occupants can worsen whiplash injuries. Attorneys may file product liability lawsuits against manufacturers.
How Much Is a San Jose Whiplash Accident Worth?
No two cases are alike, so there is no way for a personal injury attorney to guarantee a financial outcome for your whiplash case. However, some factors point toward an estimated monetary value of your accident case, including the factors listed below.
Working with an experienced whiplash attorney is the best way to ensure you get everything you deserve after a serious injury.
Severity of Injuries
The severity of your whiplash injury correlates to the amount of compensation that you are due after an accident in San Jose. After getting hurt in a whiplash accident, discuss the effects of your injuries with a qualified and experienced San Jose accident attorney.
Liability and Fault
You need to quickly determine who is at fault for causing your injuries. There might be various potentially responsible parties, and an attorney can help determine who is at fault and how you can get what you deserve after an accident.
Impact of the Injury on Your Daily Life
The impact of your whiplash injury can be part of your total compensation package. Although whiplash is a soft tissue injury and does not seem like it can make a large impact on your life, it can. Work with an attorney to help them understand and advocate for compensation for the injury’s impact on your life.
Damages and available compensation following a whiplash accident generally fall into three categories: economic, non-economic, and punitive damages. Each category is described in greater detail below.
Economic Damages
Economic damages include the tangible losses that accident victims might face after getting into a crash.
Examples of common economic losses following a whiplash accident include current and future medical expenses, current and future lost earnings, the cost of ongoing medical care and rehabilitation, current and future lost earnings, and lost capacity.
Discuss the types of economic damages you might be entitled to after surviving a whiplash traffic accident.
Non-Economic Damages
Non-economic damages include the intangible losses an accident victim might face if they are in a traffic accident. An experienced whiplash attorney can identify and quantify these types of losses so that you can get everything that you deserve after a whiplash accident.
Examples of non-economic damages can include:
- Reduced quality of life. A whiplash injury can significantly impact your quality of life because of the chronic pain issues that come with living with whiplash. Your attorney can help you understand the full extent of this type of loss and get you the compensation you deserve.
- Loss of enjoyment of life includes the loss that the victim feels if their injuries prevent them from participating in activities they once loved.
- A whiplash accident can cause severe emotional distress after an accident. Personal injuries can come with a large amount of stress that is compensable under California law.
- California law allows whiplash accident victims to recover pain and suffering damages after a crash. Pain and suffering include the physical pain and emotional distress caused by the accident.
Punitive Damages
California law allows victims to recover punitive damages if the defendant’s actions are egregious. Punitive damages are rare, however. Discuss their potential availability with an experienced whiplash attorney.
What Should I Do After a San Jose Traffic Accident?
The steps you take after a San Jose traffic accident are important to the overall success of your claim. To protect your right to recover financially after an accident, consider taking the following steps after an accident:
Seeking Medical Attention
You should seek medical attention after a car accident in San Jose. You might be tempted to avoid seeing a doctor, especially if you believe that your injuries are not very serious, but even whiplash needs medical attention.
Not only is seeing a doctor important to your physical well-being, but it is also important to your legal case. Not getting medical treatment allows the insurance company to claim that your injuries are not as serious as you claim.
Avoid Admitting Fault
Avoid admitting fault after a car accident. Everything you say after an accident can be used against you, especially by insurance companies. Speaking to an experienced San Jose attorney before giving an insurance company a written or recorded statement is always a good idea.
Remember, making even a simple statement to an insurance company can greatly affect the life of your claim.
Keep a Record of Everything
You must have sufficient evidence of your injuries after a whiplash accident. Examples of important pieces of evidence that can help build your case can include medical records, car repair estimates if the accident caused damage to your vehicle, and evidence of lost earnings if the accident caused you to miss time at work.
Accident victims might also suffer from mental and emotional trauma. Maintaining a personal injury journal can help explain the stress and mental toll that the whiplash accident has had on you.
Consult an Attorney
Speak to an attorney immediately after an accident. Your lawyer will help you by investigating the accident to understand how it happened and bring the parties responsible to justice. Legal counsel protects you from a large insurance company taking advantage of you.
Contact a San Jose Accident Lawyer Today!
Whiplash injuries can cause chronic pain, mobility issues, and long-term medical expenses. If you have suffered whiplash in a car accident, motorcycle crash, slip, and fall accident, or other types of accident in San Jose, you might be entitled to compensation for medical bills, lost earnings, and pain and suffering.
An experienced whiplash attorney will have a deep understanding of California's personal injury laws and can navigate the challenges of your case with ease. Contact a reputable whiplash lawyer who has a proven track record of success in representing clients in San Jose.
At Golden State Lawyers, we fight to ensure that insurance companies do not downplay your injuries or offer low settlements. Our experienced San Jose personal injury lawyer will help you get the maximum compensation you deserve.
Call our office today to schedule a free initial consultation, (408) 279-4222. Let us fight for your recovery while you focus on healing.