If you were a victim of a Birmingham rear-end car accident and have a whiplash diagnosis, the attorneys from the Morris Bart law firm may be able to help you prove your damages, build a case, and recover compensation based on the facts of your case. Whiplash and other soft tissue injuries are difficult to document but can leave you with lasting pain and suffering.
You have a legal right to take action. Discuss your injuries with a car accident attorney in Birmingham, Alabama. We offer free case reviews and handle these cases based on contingency.
Whiplash Can Cause Painful, Lasting Injuries
Whiplash is a soft tissue injury to the neck that often occurs in rear-end accidents. Because it only affects the soft tissue and causes pain but no outward signs, it can be difficult to prove. There are no tests for whiplash, and it does not always show up on medical imaging or other screenings.
During a rear-end accident, the head moves backward and then forward in a whipping motion. The forces of the accident may force the neck beyond its normal range of motion, damaging muscles, ligaments, and other soft tissues. The symptoms are mild for some people and severe for others. It can also occur in other types of motor vehicle accidents.
According to the National Institute of Neurological Disorders and Stroke (NINDS), symptoms are sometimes present immediately, although they may alternatively develop over the following days. These symptoms can include:
- Neck and shoulder pain
- Neck stiffness and reduced range of motion
- Burning or prickling sensations
There is also the possibility of additional impacts related to this type of injury, including memory loss, cognitive concerns, trouble concentrating, irritability, anxiety, changes in sleeping patterns, fatigue, and even depression.
While you should see a doctor for an accurate diagnosis, over-the-counter pain relievers, and alternating heat application and ice packs are enough to help some people manage the pain while they heal. Others, though, experience significantly more pain. Treatment may include:
- Prescription pain medication
- Nonsteroidal anti-inflammatory drugs (NSAIDs)
- Muscle relaxants
- Physical therapy
- A neck brace
- Cervical traction
The soft tissues involved generally heal within a few months of the accident. Some people, however, continue to experience neck pain and headaches. This can become a chronic pain condition in some cases and require ongoing care.
If you have a whiplash diagnosis and received or are still undergoing treatment for your injuries, Morris Bart & Associates, LLC can review your car accident case for free.
For a free legal consultation with a Whiplash Injury lawyer serving Birmingham, call (205) 380-4158
Let a Birmingham Car Accident Lawyer Handle Your Whiplash Claim or Lawsuit
Alabama’s car accident laws allow victims to hold the at-fault driver responsible for their documented damages and losses, recovering compensation to cover the cost of their expenses. However, documenting your injuries may be difficult if you have whiplash. Our attorneys know what it takes to prove that your pain is real, and your payout is deserved. Let us review the facts of your case and explain your options.
If we pursue your case on your behalf, we will handle all aspects of your legal case. This will allow you to focus on your treatment and a treatment plan in place to help you manage any lasting injuries. During this process, we will:
- Manage all communication about your case
- Protect your right to take legal action
- Identifying the liable party
- Gathering evidence and building a case
- Enlisting the help of expert witnesses to prove your injuries and losses
- Documenting your damages
- Calculating your noneconomic damages
We can often reach a settlement agreement with the insurance company representing the at-fault driver in this type of case. When they refuse a fair settlement, we can file a lawsuit and take your case to trial.
Time Limits on Taking Legal Action in Your Alabama Accident Case
If you need to file a personal injury lawsuit to recover compensation for your whiplash injuries following an Alabama car accident, you only have a limited time to take legal action before time runs out. Under Alabama Code §6-2-38, the victims of personal injury accidents such as car accidents generally only have two years to file a lawsuit and hold the liable party responsible.
If you wait too long, you could lose the right to hold the at-fault driver responsible and recover a court award. Reach out for a free case review as soon as your injuries stabilize to prevent this from happening to you.
Damages Available from a Birmingham Whiplash Settlement or Award
Like other parts of a whiplash case, it can be difficult to document the expenses and losses you suffered as a result of your injuries. Your attorney will help with this process, gathering evidence to prove your economic and non-economic losses. They will use this evidence to support their argument for a fair settlement or award if the case goes to court.
Your recoverable damages in a Birmingham car accident that caused you to suffer whiplash may include:
- Current and future medical treatment
- Prescribed therapy and related care
- Current and future lost wages for the time you missed at work
- Diminished earning capacity if your pain prevents you from returning to your job
- Property damages, including the damage to your vehicle
- Pain and suffering
- Other non-economic damages
Birmingham Whiplash Injury FAQs
Learn more about whiplash injuries due to car accidents and how a Birmingham whiplash injury lawyer can help you obtain a fair settlement.
What Is the Average Settlement for a Whiplash Case in Birmingham?
It’s impossible to determine the average settlement for a whiplash case in Birmingham since every accident and its ensuing injuries are unique. While whiplash may be a common injury that victims experience, no two accidents are alike.
However, typical whiplash symptoms can have significant effects on your everyday life, preventing you from:
- Working your usual hours
- Engaging in your usual type of work
- Participating in hobbies and activities
- Handling common tasks on your own, which might require you to hire outside help
The level of pain and suffering you experience, compounded by the financial strain caused by whiplash effects, will certainly add to your settlement value. Apart from that, your settlement will also include other factors surrounding the accident, such as:
- Who is at fault
- Whether you contributed to the collision in some capacity
- The facts of the case
- The value of economic damages
- State damage caps
- The maximum payout of the liable party’s insurance policy
A whiplash lawyer in Alabama can help you determine what a fair settlement amount would be based on the specifics of your case.
Is It Worth Suing for Whiplash?
Yes, it is absolutely worth suing for whiplash after a car accident. However, you may not necessarily need to file a lawsuit if you and your attorney can reach a settlement agreement with the at-fault party’s insurance company.
For a car accident injury lawyer, whiplash is a common injury they see. While many consider it a “minor” injury because of its status as a “soft tissue” injury, whiplash can have severe long-term effects. As long as your lawyer can prove another party was negligent, you can and should pursue compensation for it.
The most important way to prove the fault and liability of a negligent motorist is to get medical attention. Your whiplash lawyer can help with collecting evidence and investigating the circumstances of the accident.
However, it’s up to you to maintain any prescribed medical treatment and keep up with all doctor appointments. Doing so will help to establish records that your injury is as severe as you claim it is.
Talk to a Birmingham Whiplash Attorney
At Morris Bart & Associates, LLC we have 15 offices across the Gulf South to best serve personal injury accident victims in Louisiana, Mississippi, Alabama, and Arkansas. This includes our Birmingham, Alabama, office.
Let a member of our Birmingham office review your case today at no cost to you. You may be able to seek and possibly secure a payout to cover your medical care, pain and suffering, and more.
Contact us now to get started with your free, no-obligation consultation.
Questions?Call (205) 380-4158
to find a Morris Bart office near you.