Dallas Whiplash Car Accident Lawyer: Get The Legal Support You Need

In Texas, you have two years from the date of the auto accident to file a personal injury claim for whiplash. Acting within this timeframe is vital to preserve your right to compensation.

Yes. Texas follows a modified comparative negligence rule, meaning you can recover damages as long as you are less than 51% at fault for the accident. However, your compensation will be reduced by the percentage of fault assigned to you.

Whiplash symptoms can develop over time. If you start experiencing symptoms days after the accident, seek medical attention and consult a whiplash car accident attorney to discuss your claim. Medical records documenting delayed symptoms can still support your case.

If you suffer from whiplash due to a car crash, you may be entitled to compensation for:

• Medical Bills, including physical therapy, rehabilitation, and any diagnostic tests like X-rays or MRIs
• Lost Wages from missed work, including future income if your injury impacts your ability to return to work
• Pain and Suffering, which accounts for the physical and emotional impact of the injury, including chronic pain or mental distress
• Future Medical Care if your injury leads to long-term issues requiring ongoing treatment or surgeries
• Loss of Earning Capacity if the injury prevents you from returning to your previous job or reduces your ability to earn income in the future
• Physical Impairment compensation if the injury causes a reduction in your ability to perform daily tasks or leads to permanent physical limitations
• Disability or Disfigurement compensation if the whiplash injury causes long-term physical limitations or permanent disfigurement
• Loss of Enjoyment of Life if the injury affects your ability to participate in activities you once enjoyed, such as hobbies or sports

By working with a skilled whiplash car accident lawyer, you can ensure that all these damages are thoroughly accounted for and included in your claim.

Whiplash is a soft tissue injury, which means it primarily affects muscles, ligaments, and tendons, rather than bones. Because of this, whiplash injuries don’t always appear on standard imaging tests like X-rays or MRIs. However, you can still prove the severity of your injury using the following methods:

Medical Documentation

Consistent visits to healthcare providers, such as doctors, chiropractors, or physical therapists, help create a detailed medical record. These records include physical examinations, diagnosis, prescribed treatments, and progress or setbacks. Documenting your symptoms and treatments over time is essential to demonstrating the impact of your injury.

Testimony from Medical Experts

Medical experts, such as your treating physician or a specialist, can testify to the nature of your injury. Their professional insights can explain how the whiplash affects your physical condition, the treatments required, and the expected recovery time. This expert testimony is crucial in proving the seriousness of your injury when imaging tests may not provide visible evidence.

Specialized Diagnostic Tools

While X-rays and MRIs might not always detect whiplash, other diagnostic tests can offer additional evidence. Some of these tools include:

• CT Scans or Ultrasounds: These may detect soft tissue damage, such as swelling or tears, which are not visible on X-rays.
• Range of Motion Tests: Your doctor or physical therapist may perform range of motion tests to assess flexibility and strength, providing measurable evidence of your limitations.
• Electromyography (EMG): This test can detect nerve dysfunction caused by whiplash, helping to identify areas of the body affected by the injury.

Pain and Symptom Journals

Maintaining a personal journal of your pain and symptoms is also helpful. Document when the pain occurs, its severity, and how it impacts your daily life. This detailed log of how the injury affects you can provide additional evidence when filing your claim.

Statements from Family and Friends

Family members, friends, or co-workers can provide valuable testimony about how your injury has affected your daily life. These statements can help illustrate changes in your physical abilities, mood, or overall quality of life due to the whiplash injury.

Most whiplash injury claims are settled outside of court through negotiations with the insurance company. However, if a fair settlement cannot be reached, our whiplash car accident lawyers may recommend taking your case to court to pursue the compensation you deserve. 

At Allbee Law Firm, we work on a contingency fee basis, meaning you don’t pay any upfront fees. We only get paid if we win your case. A contingent fee allows you to pursue your claim without worrying about legal costs.