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Legal Knowledge, Human Wisdom

Receiving Fair Compensation in a Whiplash Car Accident Injury 

General Article

A whiplash injury is a type of neck injury caused by rapid back-and-forth movement of the neck. The forceful movement is similar to cracking a whip. A whiplash injury generally occurs during a rear-end car accident. A rear-end car accident happens when a driver hits the vehicle in front of them. The car accident can cause serious injury to a person’s neck. They may incur damages such as medical bills and lost wages. Thus, they may need to hire a whiplash injury lawyer san diego ca to receive fair compensation.

What is a Whiplash Injury Settlement?

When the at-fault party accepts fault for an accident, they will want to settle. This means avoiding court. A settlement occurs when the victim receives a series of payments or a lump sum of money in exchange for not going to court. The settlement should pay for economic damages such as medical bills and lost wages. It may also include non-economic damages such as pain and suffering.

Trial is Another Way a Car Accident Receives Compensation for their Whiplash Injury

If the at-fault party doesn’t want to settle, the victim can sue in San Diego civil court. This means the victim, who is listed as the plaintiff, must prove the defendant caused their whiplash injury. To do this, their lawyer must show:

1. The defendant owed the plaintiff a legal duty to protect them from injury. This means not causing their whiplash injury.
2. The defendant breached that duty by causing the car accident.
3. The defendant’s actions led to the plaintiff suffering a whiplash injury.
4. The defendant is responsible for paying the plaintiff compensation. This is where the defendant is ordered to pay for the plaintiff’s medical bills, lost wages, property damages and pain and suffering.

Compensation Depends on the Nature of the Whiplash Injury

The severity of the whiplash injury will factor into the compensation the victim receives in a settlement or trial. In most car accident cases involving whiplash injuries, the extent of the physical damage isn’t immediately apparent. This means the soft tissues in a victim’s neck may be more damaged months after the accident. Symptoms often take several days to fully develop. The damage to a victim’s neck can be so severe it can disrupt their lives and ability to work.

How much a victim will receive for their whiplash injury isn’t easy to calculate. The amount of compensation will depend on their medical bills, lost wages and non-economic damages. That is why many people who suffer a whiplash injury receive different compensation amounts.

Seek Help for Whiplash Injury Compensation from a Lawyer

It’s important to have a lawyer negotiate the settlement for the victim. Often, a defendant wants to settle the case without paying their fair share. This means the victim doesn’t receive the compensation needed to cover bills and non-economic damages. It is also important for the victim to have a lawyer represent them just in case they have to prepare for trial.