Are you looking for a Richmond, TX whiplash injury attorney? At Vendt Accident Attorneys, our experienced team specializes in whiplash claims and other personal injury cases. If you’ve suffered a serious accident as the result of a negligent party, we will fight for your rights and help you to get maximum compensation. Whiplash injuries can have a significant impact on your lifestyle and finances, so you need a legal expert fighting in your corner.
At Vendt Accident Attorneys, our whiplash lawyers offer a range of support measures. We will help you understand the legal implications of Texas law, establish grounds for liability based on negligence, and deal with documentation and representation. Legal support is vital when you’ve had an accident, and our whiplash injury lawyers are the right people for the job.
Understanding the Dangers of Whiplash
Whiplash is a serious medical injury that affects the neck and surrounding muscles. If you have a known or suspected case of whiplash, it’s important to understand the real and potential dangers associated with this condition.
What Is Whiplash?
Whiplash is an injury of the neck caused by sudden movement and associated physical distortion. This type of injury is normally linked with extension, which is a straightening movement that increases the angle between body parts. Medical documentation talks of “whiplash associated disorders (WADs)” when referring to injuries and symptoms, and “cervical acceleration-deceleration (CAD)” when describing the mechanism of the injury itself.
The Causes of Whiplash
Whiplash often occurs in rear-end car accidents, with the momentum of one vehicle pushing people forward upon impact. Even when seat belts are used, neck injuries easily occur during these accidents. According to the National Highway Traffic Safety Administration (NHTSA), rear-end crashes account for 29% of all car accidents in the US.
This injury can also be sustained in other ways, including falls, sporting accidents, physical abuse, and even headbanging. With so many possible causes, WADs are one of the most frequently claimed injuries on vehicle insurance policies. Based on data from Whiplash Prevention, whiplash injuries account for more than 65% of all bodily injury claims.
The Injury Mechanism of Whiplash
Whiplash has many potential causes, but the underlying injury mechanism is the same. CAD injuries involve forceful sudden hyperextension followed by hyperflexion of the cervical vertebrae. In simple terms, this describes ultra-fast forward and backward movements of the neck. The nuchal ligament and anterior longitudinal ligament are sprained from this injury, with the latter sometimes stretching or tearing as the head snaps forward and back.
Common Symptoms of Whiplash
If you have a suspected case of whiplash, you’re likely to have certain symptoms. A number of symptoms have been linked to whiplash, including pain in the neck, shoulders, and back; sensory disturbances to the arms and legs; and headaches and dizziness. These symptoms can appear at any time, from immediately after the event to weeks or even months down the track.
WADs can be hard to diagnose, as they affect an incredibly complex part of the human body. The location of injuries affects the onset and duration of symptoms, and it also impacts how they’re linked. WADs affect a wide area of the neck and spine, from the lower back to the shoulders, neck, and head. Based on data from the NASS-CDS, the annual cost of whiplash injuries is likely to exceed $1.2 million each year.
Receiving Prompt Medical Attention Is Essential
Your spine and neck support your head while protecting your spinal cord and sensory functions. If you’ve been involved in a car crash or suffered whiplash from any event, immediate medical attention is needed. Getting help right away can make a huge difference, with early intervention often needed to avoid life-threatening injuries.
Medical support also has legal implications when it comes to making claims and receiving compensation. Attention from a medical professional helps to establish your whiplash injury, including evidence from X-rays, CT scans, and MRI scans. Depending on the result of these medical images, you may be referred to a specialist. If you’re seeking legal advice for a whiplash injury, it’s important to obtain all relevant medical reports and scans.
Legal Implications of Whiplash Cases Under Texas Law
Whiplash injuries have a number of legal implications in the state of Texas. If you plan on seeking compensation for a car accident, or for any incident leading to a WAD, you need to be aware of your rights and responsibilities. Whiplash settlements in Texas can be complex, so it’s vital to get support from a legal professional.
Under Texas law, individuals who suffer a personal injury due to the negligence of a third party can seek compensation. This compensation takes many forms based on the nature of damages, from current medical bills to future pain and suffering. To understand your options following a whiplash event, it’s important to grasp the fundamentals of personal injury law.
Establishing Liability and Negligence for Personal Injury Cases
Personal injury claims are based on the legal principle of negligence. To receive compensation for a whiplash or other injury, an individual or organization needs to be held responsible. For someone to meet the legal threshold of responsibility, the entity involved must have violated a duty of care. In the state of Texas, the following elements need to be met:
- The party involved must have a legal duty towards you.
- They must have breached that duty by failing to act reasonably.
- This breach of duty must have directly caused your injury.
- The breach of duty must have resulted in specific damages.
Personal injury cases can be complex, which is why you should always work with a recognized whiplash attorney.
Legal Complexities for Whiplash Cases
A dedicated whiplash injury lawyer has vast experience with car accidents and related cases, giving them a greater chance of proving negligence. There are lots of potential hurdles associated with this process, so it’s always best to work with a professional.
In the state of Texas, personal injury cases fall under a modified comparative negligence system. What this means is simple — the amount of compensation you receive is based on a percentage of fault. If you’re found to be partially responsible for the accident, you will only receive a partial settlement. This only works below 50%, however, which means you won’t get any compensation if you’re found to be 50% responsible or more.
Along with the comparative nature of the system, it’s important to be aware of timing issues when making personal injury claims. There is a statute of limitations for personal injury claims in Texas, so you can’t wait forever to make your claim. If you’ve suffered whiplash due to an accident, you have 2 years from the date of the injury to file a lawsuit. If you miss this deadline, your case is likely to be dismissed unless it meets one of two exceptions:
- The injured party was “under a legal disability” at the time of the event, which includes being under 18.
- The at-fault party leaves the state of Texas for any reason before the lawsuit is filed.
Importance of Documenting Medical Records and Evidence
If you’re seeking compensation for a whiplash incident, documentation is absolutely vital. From evidence of the accident to medical records and financial forecasts, everything plays a role. Missing documents can make all the difference to the outcome of your case, which is why you should always work with an experienced Texas whiplash car accident lawyer.
The following documents need to be recorded, kept, and offered to your whiplash car accident attorney:
- Contact details of everyone involved in the accident
- Contact details of all accident witnesses
- Police and ambulance reports
- Emergency room and hospital reports
- Medical records related to diagnosis and treatment
- Radiological images such as X-rays, CT scans, and MRI scans
- Income and taxation records
- Current and future income estimates
Vendt Accident Attorneys: Your Whiplash Allies
At Vendt Accident Attorneys, our whiplash attorneys will fight for your rights and help you to receive maximum compensation. We have represented hundreds of clients in the Richmond area, and we always go the extra mile to ensure the most beneficial outcome.
We have helped the following clients and many others:
Mr. Vendt is a very knowledgeable & fair Attorney. I was great and very happy with the help I received. You will not find better council. – Darren G
Frank was great to work with. He represented me in a manner that was professional and very efficient. Frank does what he does because he has a passion for justice. I am very appreciative of all that Frank has done for me and I will recommend him to anyone that needs legal representation conducted the ‘right’ way. – Sharndell Carr
I’m sure you’ve heard the joke about trusting your attorney. It’s no joke with Frank Vendt Jr. He’s got your back. He’s amazing in court. And, he knows his stuff. His staff is amazing and very helpful. I’m am forever grateful for his expertise and guidance through a very difficult case. If Google would allow me to give him 10 stars, I would. – Paula Mynatt
Steps to Take After a Whiplash Injury
If you’ve suffered a whiplash injury, it’s important to take specific steps following the accident. Acting decisively is an essential part of medical care, and it can also affect personal injury claims and compensation.
We recommend the following steps immediately following the accident:
- Remove yourself from danger immediately.
- Seek medical attention for yourself and others.
- Contact emergency medical providers.
- Document the accident scene with notes and photos.
- Record the contact details of involved parties and witnesses.
- Contact an experienced whiplash lawyer.
Compensation for Whiplash Injuries in Texas
If you want to file a claim and seek compensation for whiplash, it’s important to be aware of potential damages and how they’re classified. In the state of Texas, damages fall into one of three categories:
1. Economic Damages
- Emergency and non-emergency medical care
- Hospitalization and medical procedures
- Prescriptions, equipment, and therapies
- Loss of income
- Property damage
- Out-of-pocket expenses
2. Non-economic Damages
- Pain and suffering
- Scarring, disability, and permanent impairment
- Loss of quality of life
- Loss of consortium
3. Exemplary or Punitive Damages
At Vendt Accident Attorneys, our team will help you get compensated for your whiplash case. When you get the financial support that you deserve, you can protect your family and move forward with your life.
Q. What is a typical personal injury settlement in Texas?
A. Each personal injury case is unique, with compensation amounts dependent on the details of your incident. For whiplash cases, settlements regularly range from $5,000 to $20,000 and more.
Q. How are whiplash claims paid out in the state of Texas?
A. Whiplash cases and other personal injury claims are paid in two ways, either as a single lump sum payment or as a series of installments. If your claim is successful, you can decide between these options.
Q. How long does it take to get a whiplash settlement in Texas?
A. If your whiplash case is successful and you choose the lump sum payment, it will arrive almost immediately. In most cases, the money is received within 5 business days.
Q. Is there a cap for whiplash damages in Texas?
A. There are no financial limits for economic damages in the state of Texas. However, there are limits for non-economic damages in certain cases, including medical malpractice cases and settlements that involve government defendants.
Why Choose Vendt Accident Attorneys?
If you’ve been involved in a traffic incident or suffered whiplash for any reason, it’s important to connect with a dedicated whiplash attorney. At Vendt Accident Attorneys, our car accident lawyers will fight for your case, representing your interests and boosting your settlement figure. We offer the following benefits:
Legal Expertise and Experience
We have vast experience with personal injury cases, including whiplash incidents. Our whiplash attorneys understand Texas law from the inside out, and we always work with passion and integrity. From dealing with insurance companies and managing documentation to representation in a court of law, we can do it all.
Our personalized process always puts the client first. We will approach your case with care and compassion while fighting tooth and nail to ensure the best possible outcome. We understand that each client is unique, and we go above and beyond to protect you and your family. Whiplash can have serious emotional, physical, and financial implications, so it’s vital to get professional support.
At Vendt Accident Attorneys, we are 100% dedicated to your case. We want to achieve the best possible outcome, and we work hard until you get what you deserve. If you’ve suffered an injury as the result of another party, we help you to maximize compensation so you can move forward with your life.
If you’ve experienced a whiplash accident in Richmond or elsewhere in Texas, the following resources may be helpful:
- Legal advice for whiplash and neck injuries
- Community Resource Coordination groups
- Prescriptions paid for by Medicaid
- 211Texas.org medical clinics
- Texas whiplash and sports therapies
- Whiplash and pain physicians
- Relevant Texas Transportation Code documents – Chapter 550 and Chapter 601
Contact the Richmond, TX Whiplash Lawyers at Vendt Accident Attorneys Today!
If you’ve experienced whiplash in Richmond, Texas, you need to contact a specialized whiplash lawyer as soon as possible. Whether you’ve been through a car accident, had a sporting injury, or suffered whiplash for any reason, these serious incidents can impact your entire life. At Vendt Accident Attorneys, we will fight for your rights and help you get the compensation you deserve.
Our local experts offer a variety of legal services. We offer practical advice on Texas law, helping you to establish grounds for liability based on negligence. We deal with insurance companies and manage documentation, and we can also represent you in a court of law. We are dedicated to helping whiplash victims, and we do everything we can to support your needs.Please reach out today for a free consultation. Contact information is available on our website, or you can fill in our online form to access immediate assistance.