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When to Sue for Whiplash Injuries

By Ephrat Livni, Esq. | Last updated on

You were in a minor car crash and it did not seem like such a big deal. But as the weeks pass, you notice an ache in your neck and upper back and start seeking treatment. In the process, you learn that you may never recover and that your minor crash is going to be a major pain for some time to come.

Now you have medical expenses that you did not anticipate and are not covered by your insurance and you need relief. It's time to talk to a personal injury attorney.

Negligent Driving

If you are hurt in a car accident and have ongoing medical issues as a result, you can sue the other driver or drivers responsible for negligence. People who operate motor vehicles are expected to exercise reasonable care under the circumstances -- that is the duty of all drivers.

Duty is the first element in a negligence claim, and in a driving case it is relatively easy to show. If a person was driving, they owed a duty of care. Failure to exercise the care that is considered reasonable under the circumstances is a breach of the duty of care, and breach is the second element of negligence.

Once you show that you were owed a duty of care and that this was breached, you must prove that the defendant caused an injury that is compensable with damages. Causation is the third element in a negligence claim and injury compensable with damages is the final element.

Consult With Counsel

Soft-tissue injuries like whiplash can form the basis for negligence claims. Not all lawsuits succeed, and the extent of injury will certainly dictate whether you are awarded damages and how much. Still, you cannot get compensation if you don't make a claim.

Many personal injury attorneys consult for free or no fee and will be happy to assess your case. Speak to a lawyer and find out if you have a claim.

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