Beaumont, CA Whiplash Injury Lawyer

Whiplash is a common injury from car accidents, involving the rapid back-and-forth motion of the neck, leading to soft tissue damage. Symptoms include neck pain, stiffness, headaches, and dizziness, which may not appear immediately but can persist, affecting daily activities. This injury can affect many aspects of a victims life which is why it is important to consult with a Beaumont car accident lawyer after an accident.

Common Whiplash Injuries 

Common types of whiplash injuries include:

Neck Strain or Sprain

Strains involve overstretching or tearing of the muscles and tendons in the neck. Sprains occur when the ligaments, which connect bones, are stretched or torn.

Facet Joint Injuries

These injuries affect the small joints at the back of the spine that provide flexibility. Facet joint injuries can cause localized pain and stiffness.

Herniated or Bulging Discs

The force from whiplash can cause the discs between vertebrae to slip out of place or rupture, leading to nerve compression and radiating pain.

Nerve Damage

Whiplash can compress or stretch nerves in the neck, causing symptoms such as tingling, numbness, or weakness in the arms or hands.

Chronic Myofascial Pain

This involves long-term pain in the connective tissue surrounding muscles, often caused by trauma from the initial whiplash injury.

Cervical Instability

Damage to ligaments and soft tissues can lead to instability in the cervical spine, potentially causing recurring discomfort or mobility issues.

Brain and Spinal Cord Impact

In severe cases, the force can result in a concussion or mild traumatic brain injury (MTBI), often associated with dizziness, headaches, and cognitive challenges.

Who is Liable for My Whiplash Injury?

Determining liability for whiplash injuries hinges on establishing negligence. In California, drivers must exercise reasonable care; failing to do so, such as by speeding or distracted driving, constitutes negligence. The negligent party is typically liable for resulting injuries. Rear-end collisions often cause whiplash, with the trailing driver usually presumed at fault. However, this presumption can be challenged if there is evidence that the lead driver’s negligence contributed to the collision, like sudden, unjustified stops.

California Laws on Car Accidents Involving Whiplash Injuries

Comparative Negligence System 

California operates under a “pure comparative negligence” system, as explained in California Civil Code Section 1714 (a). This law allows injured parties to recover damages even if they are partially at fault. However, compensation is reduced by their percentage of fault. For instance, if a driver is 30% at fault, they can recover 70% of the damages.

Minimum Insurance Requirements 

As far as minimum liability insurance coverage, the state mandates:

• $15,000 for injury or death per person
• $30,000 for injury or death per accident
• $5,000 for property damage

These minimums may be insufficient for accidents involving severe injuries and/or property damage. 

Statute of Limitations

The timeframe to file a Beaumont personal injury lawsuit from a car accident is generally two years from the date of the accident. For property damage claims, the limit is three years. These limitations are detailed in California Code of Civil Procedure§§ 335.1 and 338.

How an Attorney Can Assist with Whiplash Claims

Navigating a whiplash injury claim can be complex. An experienced Beaumont truck accident attorney can:

• Gather Evidence: Collect medical records, accident reports, and witness statements to substantiate the claim.
• Assess Damages: Evaluate all losses, including medical expenses, lost wages, and pain and suffering, to ensure comprehensive compensation.
• Establish Liability: Analyze the accident to determine fault and counter any claims of shared responsibility.
• Negotiate with Insurers: Handle communications with insurance companies to secure fair compensation, preventing less-than-fair settlements.
• Provide Legal Representation: If necessary, represent you in court to advocate for your rights and interests.

Hiring an attorney significantly increases the likelihood of a favorable outcome, allowing you to focus on recovery while your legal interests are protected. To discuss your case in a free consultation, call Hanson & Mouri today at (951) 688-0006 or message us online.