What is Whiplash?

As the name of the injury suggests, whiplash happens when your neck is forcefully whipped back and forth. The muscles, tendons, and spinal discs in the neck are susceptible to injury from this sudden jolt and violent motion. Something to keep in mind is that even at a low-speed collision, it could still cause you to whip your neck and trigger whiplash. Headrests and seatbelts can mitigate the severity of whiplash injuries; however, not by much.

Can Whiplash Cause Lasting Trauma?

Most whiplash cases develop within a couple of days after the accident; some of the less severe symptoms include:

• Neck pain and stiffness
• Worsening of pain with movement
• Loss of range of motion
• Headaches
• Tenderness or pain in the shoulder, upper back, or arms
• Tingling or numbness in the arms
• Fatigue
• Dizziness

If the victim lets his whiplash go undiagnosed and untreated, it will only get worse. Other symptoms of whiplash will start to manifest after a few more days. Some severe whiplash symptoms include:

• Nausea
• Insomnia
• Amnesia
• Migraines
• Extreme loss of mobility
• Vision or hearing loss

Treatment

A doctor will try to prescribe whiplash treatment therapies that will help minimize pain and restore your loss of mobility. Various different treatment methods could help you. Among them are:

• Bedrest
• Hot and cold compresses
• Painkillers
• Exercise
• Physical therapy
• Protective collars

In extremely severe whiplash cases, a doctor might recommend for surgery or injections to help alleviate the worst symptoms. These treatments cost a lot and most times exceed healthcare insurance coverage. However, we do not wish for you to pay for this necessary treatment on your own. We recommend you hire an experienced personal injury attorney to help you file a claim against the driver that caused the accident. Call our office here at Hernandez Personal Injury Law to get a free consultation today.

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A lost wage claim can be established in several ways; this includes paystubs, W-2s, and letters from your employer. You may also be able to establish this through the use of contracts that we’re unable to be fulfilled. One concrete item that is generally requested when making a lost wage claim is your Income Tax Returns. This holds, especially if you are a small business owner, receive tips, or are independent contractors. Income Tax Returns are incredibly helpful in this regard as they can track income from year to year and demonstrate losses or gains.

How Else Can Damages be Calculated?

What happens if you have a lost wage claim and have not filed your income tax returns? Potentially, this could prohibit you from being able to make that lost wage claim. People may find it difficult to establish lost wages for small business owners, individuals who receive tips, and independent contractors if you have not filed Income Tax Returns and should have done so. It isn’t easy to make a claim you cannot substantiate. Moreover, it is not favorably looked upon if you have failed to file Income Tax Returns.

Additionally, failure to file Income Tax Returns when required to do so could have criminal ramifications. It dramatically impacts your credibility when Income Tax Returns should have been filed and have not been. There is also the potential that the IRS could levy your settlement funds if the IRS is alerted that you have a personal injury action, owe money for outstanding taxes, and the IRS notifies your attorney.

Don’t be frustrated with your attorney if you are advised of this. Remember, your attorney wants to protect you and advise you to the best of their ability and counsel you as to possible scenarios. Ultimately, they are just looking out for your best interests.

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Understanding Special Damages

SPECIAL DAMAGES – Special damages are those damages that can you put a quantifiable dollar amount to. They can be established with many things, including receipts, medical records, invoices, reports, and photographs. Special damages consist of:

• Lost Wages
• Medical Expenses
• Out-of-Pocket Expenses
• Travel Expenses
• Scarring
• Disfigurement
• Diminished Earning Capacity
• Funeral Costs
• Physical Therapy and Rehabilitation
• Household Assistance
• Property Damage

Understanding General Damages

GENERAL DAMAGES – These are damages that do not have an exact amount associated with them. General damages include:

• Emotional and Mental Anguish
• Pain and Suffering
• Loss of Enjoyment of Life
• Loss of Consortium (In wrongful death cases)

Some of the factors to consider when evaluating the potential value of general damages are age, occupation, income, and the severity and permanency of the injuries. An experienced attorney can reinforce and demonstrate the importance of general damages by compiling supporting documentation and evidence to present to the insurance company or defense attorney. They also have connections to skilled professionals such as doctors, life-care planners, experts, vocational rehabilitation specialists, and accident reconstructionists to assist with compiling and presenting evidence to establish the damages of your case. This includes future damages you may incur or future medical treatment and procedures necessary due to the injuries you suffered.  

There is another type of damage you can recover for when gross negligence has occurred and are awarded to punish the defendant for their abhorrent behavior and to deter others from the same or similar conduct in the future. They may also be cited as a public example. This type of damage is called punitive damage. Punitive damages are awarded above and beyond special and general damages. 

Our team of professionals is here for you. We have the connections, experience, and knowledge to help obtain a just recovery for you and outline all of the damages you have suffered.     

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Personal Injury Claim Basics

Utah requires all car owners to carry personal injury protection, known as (PIP) insurance. This amount has a minimum of $3,000 worth of coverage to handle medical costs, loss of income, and other related expenses if you’re injured in an accident. Insurance policies such as these are referred to as “no-fault insurance” because it pays for your injuries no matter what party was at fault in an automobile accident.

But what about the responsible party?

This is generally the point where things can get tricky. Filing a claim with the other driver’s insurance company is not as easy as collecting PIP from your insurance provider. To get a fair settlement, most people need to prove.

1. The other driver caused the accident
2. The accident caused the injuries
3. The cost of medical care, related expenses, time lost from work, and pain and suffering

The stakes are always high when it comes to getting fair compensation after an accident. The ramifications can range from mildly inconvenient to catastrophic and life-altering. You and your family shouldn’t have to suffer due to the negligence of poor judgment. On average, people receive settlement offers ranging from 50 to 100 percent higher than they would be representing themselves. If you or a loved one has been involved in a car accident in Utah, consider calling The Law Offices of Roberto Hernandez. Our attorneys have years of experience helping the local community get their lives back on track after a car, truck, pedestrian, or motorcycle accident.

Disclaimer

The information provided on this website is for informational purposes only. This website contains general information relating to areas of law familiar to our firm. The information should not be construed as legal advice or other professional advice. You should not rely on the contents of this website as such. Participation on this website does not create any kind of attorney-client relationship. If you need legal advice or representation, please contact my office, and I would be pleased to discuss your case with you and see if my firm can help.

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