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Whiplash is a neck injury that occurs when the neck is suddenly and forcefully jerked forward and backward. It can happen in car accidents, sports injuries, or any other situation where the head is subjected to rapid acceleration and deceleration. Whiplash injuries can be serious and require medical attention, especially if the neck muscles and ligaments are stretched or torn. If you suffered a whiplash injury, and it was someone else’s fault, you may be entitled to compensation. Please speak with our California whiplash injury lawyers at Silva Injury Law to learn more.
Common Symptoms Of A Whiplash Injury
Signs and symptoms of a whiplash injury can include:
- Neck pain and stiffness. This is the most common symptom and may be felt immediately after the injury or develop gradually over the following days or weeks.
- Headaches. Headaches may result from muscle strain or spasms in the neck.
- Dizziness or vertigo. These symptoms may occur due to neck strain or damage to the inner ear.
- Fatigue. Whiplash can cause muscle fatigue and general tiredness.
- Difficulty concentrating. The brain may have trouble processing information after a whiplash injury, leading to concentration issues.
- Blurred vision. This may occur due to neck strain or spasms.
- Tinnitus (ringing in the ears). This symptom may occur due to neck strain or damage to the inner ear.
- Sleep disturbances. Whiplash can cause difficulty falling asleep or staying asleep due to neck pain or discomfort.
It’s crucial to seek medical attention following a whiplash injury, as your injury might be more severe than you realize. Any delay in treatment could also jeopardize your personal injury claim.
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Common Causes Of Whiplash Injuries In California
The most common cause of whiplash injury is a car accident, particularly a rear-end collision. When someone strikes your car from behind, the force of the impact can cause your neck to whip back and forth violently, leading to a whiplash injury.
Other common causes of whiplash injury include:
- Sports injuries. Whiplash can occur during contact sports or other high-impact activities.
- Falls. A fall that causes the head to snap back or forth can lead to a whiplash injury.
- Physical abuse. Whiplash can be caused by being violently shaken or struck on the head.
- Amusement park rides. Some amusement park rides can cause whiplash by whipping the head back and forth.
If another party’s negligence resulted in your whiplash injury, it’s time to contact a California whiplash injury attorney at Silva Injury Law.
Proving A Whiplash Injury
Proving a whiplash injury can be challenging, as it is often an invisible injury that doesn’t appear on X-rays or other imaging tests. However, there are ways to strengthen your case and provide evidence of your injury.
One of the most important things you can do is seek medical attention immediately after the injury. That allows a doctor to assess your injuries and diagnose whiplash. The medical record from this visit will be essential evidence in your case.
You should also keep track of any symptoms you experience after the injury, such as neck pain, headaches, dizziness, or difficulty sleeping. Keeping a journal or log of these symptoms and how they affect your daily life can be helpful.
Gather evidence that may support your claim, such as police reports or witness statements if the injury occurred in an accident or photographs or video footage of the incident. This evidence can help to establish how the injury occurred and who was at fault.
If you seek compensation for a whiplash injury, you will also need to demonstrate the costs or losses you have incurred due to the injury. Evidence can include medical bills, lost wages, and other expenses. Keep track of these costs and receipts to support your claim.
California is a pure comparative negligence state, which means you can be partially responsible and still collect compensation for your injuries. However, your own percentage of liability will reduce your overall compensation. For example, if a jury finds you 25% at fault, the maximum you will receive is 75% of your damages.
Recoverable Compensation In A Whiplash Injury Claim
The types of compensation you can recover in a whiplash injury claim varies. Every case is unique, and your damages will differ from those of someone else. In general, payment in a whiplash injury claim can include the following:
- Medical expenses. You can recover the cost of medical treatment for your whiplash injury, including visits to the doctor, medication, physical therapy, and any other necessary medical care.
- Lost wages. If you were unable to work due to your injury, you could recover the wages you lost.
- Pain and suffering. You may be able to recover compensation for the physical and emotional pain and suffering that you experienced because of your injury.
- Property damage. If your vehicle or other personal property was damaged in the accident that caused your injury, you could recover compensation for repair costs or the total loss of your vehicle.
Hiring a skilled California whiplash injury lawyer can help you maximize your potential compensation.
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Statute Of Limitations For A Whiplash Injury In California
In California, the deadline for filing a lawsuit for a personal injury, including a whiplash injury, is generally two years from the date of the accident. This deadline is known as the statute of limitations.
It is important to be aware of this deadline because if you do not file a lawsuit within the time limit, you may be barred from seeking compensation for your injuries. There are some exceptions to this rule, but they are rare. It is best to seek legal advice as soon as possible after an injury to ensure you do not miss the deadline.
Contact A California Whiplash Injury Lawyer
Don’t leave your case to chance if you sustained a whiplash injury. With insurance companies routinely undervaluing whiplash claims, you need a lawyer. At Silva Injury Law, we have years of experience assisting injured victims to recover the compensation they deserve. With attorney Michael Joe Silva’s previous experience as a Merced County Assistant District Attorney, we know what it takes to build a solid case. Contact our office today to schedule a consultation and learn more about how we can assist you.
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