Whiplash


Last Updated on July 31st, 2017

Neck Pain and Whiplash

Whiplash is a nonmedical term used to describe neck pain following an injury to the soft tissues of your neck (specifically ligaments, tendons, and muscles).  A doctor may use the more specific terms of cervical sprain, cervical strain, or hyperextension injury.  It is caused by an accidental motion or force applied to your neck which results in movement beyond the neck’s normal range of motion.

The most frequent cause of whiplash is a car accident.  Surprisingly, the speed of the cars involved in the accident or the amount of physical damage to the car may not relate to the intensity of neck injury.  Speeds as low as 15 miles per hour can produce enough energy to cause whiplash to a passenger in your car, whether or not they are wearing a seat belt.

Neck pain, swelling, tenderness along the back of your neck, muscle spasms (on the side or back of neck), difficulty moving your neck around, headache, and pain shooting from your neck into either shoulder or arm are all signs and symptoms that may occur immediately or minutes to hours after the initial injury.  The sooner after the injury that symptoms develop, the greater the chance of serious damage.

To prevent whiplash you should always wear your seat belt and adjust your headrest to the proper height when driving.  The middle of the headrest should be even with the upper tips of your ears.  Seat belts with shoulder harnesses as well as headrests may not reduce the risk of whiplash but should be used in all motor vehicles because they reduce the risk of death and serious injury.

Most people recover completely from a whiplash injury in the first 12 weeks.  Others’ symptoms continue to improve over the course of a year.  You have a 40% chance of experiencing some symptoms after 3 months, and an 18% chance after 2 years.  A worse outcome has been reported in people with a more rotated or inclined head position at the time of impact injury.  The amount of time that elapses between injury and onset of your neck symptoms can predict the severity of injury and your prognosis.  A shorter time signifies a potentially severe injury with more frequent long-term complications.

It is important to understand that injuries pertaining to whiplash are often overlooked by juries because of the ability of such a low-impact or slow moving car to cause whiplash to a person in the vehicle who is wearing a seat belt. Ironically, studies show that seat belts actually increase the whiplash symptoms in lower impact crashes due to its catching you and throwing your body back while your head is still moving forward. If you are in an automobile accident, it is important to recognize the symptoms of whiplash as soon as they begin to occur and to receive treatment for your pain in order to better prove your case.

 

If you were involved in an accident in Texas, we’ll be happy to mail it to you (together with a host of other free stuff.) You can either email us, call us at (512) 343-2572, or fill in the form to the right.

Personal Injury Protection


Last Updated on July 31st, 2017

Claiming PIP

PIP is an extension of car insurance available in Texas which covers medical expenses and, in some cases, lost wages and other damages. Personal Injury Protection or PIP is an insurance coverage for medical and other expenses resulting from an automobile accident, for people specified in the policy, regardless of who is at fault in the accident.  PIP usually covers the medical, hospital and funeral expenses of the insured, others in his vehicle and pedestrians struck by him.

The fact that blame does not have to be confirmed saves time and therefore allows medical payments to get into the pockets of the injured parties as soon as possible. It saves everybody from the cost of lawsuits being filed so that responsibility can be proved for an accident and therefore who has responsibility for the bills.

The person named in the policy as the “named insured,” and residents of the named insured’s household related by blood, marriage or adoption, step or foster children are covered for injuries incurred in an accident.  Also passengers or pedestrians are covered.  These people will be eligible for payments no matter who is at fault in the accident.

PIP covers reasonable and necessary medical expenses for injuries sustained in an automobile accident, and the amount varies from policy to policy.  Payments are made for costs that are actually incurred by the injured person.  If you carry PIP on your automobile it applies to all autos you insure, and companies charge a premium for every auto.

PIP does not cover injuries caused by using farm equipment, recreational or off road vehicles, mopeds or motor cycles (PIP coverage is available on motorcycle policies).  It will not cover intentional injuries to the insured person or if the person is injured in organized racing activities or committing a felony.

 

If you were involved in an accident in Texas, we’ll be happy to mail it to you (together with a host of other free stuff.) You can either email us, call us at (512) 343-2572, or fill in the form at right.

Car Accident Information


Last Updated on July 31st, 2017

Motor Vehicle Accidents – An Overview

If you are involved in a Texas car accident, and you feel that it was caused by the negligence of the other driver, then you may have cause for a lawsuit.

Negligence in Texas is determined to be a factor based on “proper lookout”.  This means that every driver on the road must observe all circumstances of driving in order to prevent an automobile accident.  The failure of a driver to pay attention to the road and other drivers can result in a car accident because of negligence. Generally, people who operate automobiles must exercise “reasonable care under the circumstances.” A failure to use reasonable care is considered negligence. A person who negligently operates a vehicle may be required to pay for harm to a person or property, caused by his or her negligence. The injured party, known as the plaintiff, is required to prove that the defendant was negligent, that the negligence caused the accident, and that the accident caused the plaintiff’s injuries.

You may need the help of a lawyer in order to prove that the other driver was negligent if you were involved in an automobile accident in Texas. This can be a complex issue, especially if the accident resulted in serious injury to you or a passenger in your vehicle. You also have to prove that you suffered bodily injury in the accident and if you choose to deal with the insurance company on your own, you may have difficulty receiving the compensation which you deserve.  Lawyers are more skilled at and are better equipped to sue for compensation in a car accident.

The damages that you can sue for in a Texas car accident case include:

  1. Loss of income because you are unable to work, permanently or for a period of time
  2. Medical expenses
  3. Funeral expenses
  4. Non-economic compensation, such as for pain and suffering.

The court may reduce the amount of your claim if the other driver claims that you are also responsible for the car accident, which is why you need the services of an experienced auto accident lawyer.

Cases arising out of automobile accidents are by far the most common type of personal injury case in our court system today. This is not surprising, given that every 10 seconds, someone in the United States is involved in a car accident, according to the National Highway Traffic Safety Administration (NHTSA).

If you have been involved in a motor vehicle accident, do not hesitate to seek legal counsel from a personal injury attorney experienced in automobile accident cases in order to best protect your interests.

If you were involved in an accident in Texas, we’ll be happy to mail it to you (together with a host of other free stuff.) You can either email us, call us at (512) 343-2572, or request one of our free consumer guides.