Recovering from whiplash might seem simple, but it’s often more complicated than people think, both physically and when it comes to getting money for your injuries.
Questions like, how long does it take to recover from whiplash? Or How to recover from whiplash? May have clear medical answers, but the legal side is less certain.
At Tawney, Acosta & Chaparro P.C., our focus on auto accidents, traumatic brain injuries, and other severe injuries ensures we know how to navigate these complex issues.
Our determined, accommodating, and compassionate personal injury lawyers have piloted the murky waters common to whiplash cases many times, offering clients aggressive legal representation and personalized attention at every step.
We strive to provide each client with a customized approach to their specific needs and circumstances, ensuring each gets the justice they deserve. To get started today, please contact us right away.
How Long Does It Take to Recover from Whiplash?
Most individuals recover from whiplash within three months, but some suffer residual symptoms for months afterward. Whiplash often involves neck pain, headaches, and stiffness. In addition, other symptoms may include:
- Injuries to the muscles and ligaments (myofascial injuries),
- Dizziness,
- Abnormal sensations such as burning or prickling (paresthesia), and
- Shoulder or back pain.
Some people also suffer sleep disturbances, memory loss, impaired concentration, fatigue, nervousness/irritability, or depression.
Whiplash treatment often includes physical therapy, prescription pain medications, nonsteroidal anti-inflammatory drugs, antidepressants, muscle relaxants, and a cervical collar (usually worn for 2 to 3 weeks).
Medical professionals may also recommend range-of-motion exercises, extended cervical traction, and supplemental heat application to relieve muscle tension and speed recovery.
What Can I Recover from a Whiplash Injury?
Courts and insurers apportion recoverable whiplash damages in Texas into economic and noneconomic categories. Economic damages are tangible and often include compensation for:
- Medical expenses—these can include costs related to hospital stays, doctor visits, surgical procedures, physical therapy, medication, and even future medical expenses if long-term treatment is necessary;
- Lost wages—if your injuries or recovering from your injuries cause you to miss work, you may be able to claim an award for lost wages;
- Reduced earning capacity—in more severe cases, you may be able to collect compensation for diminished earning capacity if whiplash impacts your ability to earn a living going forward; and
- Out-of-pocket expenses—you may also be able to receive additional costs, such as hiring help for household chores that you can no longer perform.
Noneconomic damages are more subjective and often include compensation for:
- Pain and suffering—awards in this category often include damages for maladies like physical pain and disfigurement;
- Emotional distress—courts may also consider the emotional toll a whiplash injury takes, including anxiety, depression, and other emotional disorders;
- Loss of consortium—when the injury affects a marital relationship, damages for loss of companionship may also be recoverable; and
- Loss of enjoyment of life—when a person no longer engages in or enjoys the activities they participated in before an injury, they may be able to recover compensation.
Recovering damages in a whiplash case is a nuanced process, requiring a deep understanding of the medical and legal landscapes.
This is where an experienced law firm that focuses on auto accidents and serious injuries, like Tawney, Acosta & Chaparro P.C., can add immense value. Contact us today, and let us explain how we can help you.
What Hidden Legal Barriers Can Texas Whiplash Cases Present?
One legal barrier involves the concept of “shared fault,” meaning that more than one party, including you, can be responsible for your accident. In Texas, you can still recover compensation for a personal injury if you were partially at fault.
However, if your percentage of fault is greater than the percentage of the other party or parties, you will not recover anything. This model is also known as the 51% rule. In other words, you can still receive compensation if you are less than 51% at fault.
However, a court or insurance company will decrease the amount by the percentage of fault they allocate to you. And if you are 51% or more at fault for the accident, you won’t recover anything.
Whiplash can also present complications that don’t always manifest immediately, and its long-term effects can be unpredictable.
Moreover, the injured party is typically responsible for proving a direct correlation between the accident and the whiplash they suffered, making the expertise of an experienced lawyer indispensable.
An experienced attorney can help you predict future needs, establish fault, and build a solid case, ensuring you receive the settlement you’re entitled to.
How Can Time Limits Be Hidden Legal Barriers?
In Texas, the statute of limitations for personal injury cases, including those involving whiplash, is two years from the date your injury occurred.
However, given that whiplash symptoms often appear gradually, pinpointing an exact date and knowing when to file could become contentious.
Ensuring you know your timeframe for filing a lawsuit and that you meet all deadlines are just a few reasons it’s essential to consult an experienced lawyer immediately after your accident. An attorney can commence an investigation and gather evidence as quickly as possible.
The Tawney, Acosta & Chaparro P.C. Edge
If you’ve suffered whiplash in an accident, look no further thanT awney, Acosta & Chaparro P.C. in El Paso, Texas, for personalized, committed legal representation.
Recognized by prestigious organizations like the National Trial Lawyers Association and Lawyers of Distinction, our accomplished attorneys have garnered accolades, such as the Top 40 Under 40, Texas Super Lawyers Rising Star, and National Trial Lawyers Association Top Plaintiff and Trial Lawyers.
Moreover, they are members of the exclusive Million Dollar Advocates Forum, an honor reserved for attorneys who have achieved million-dollar verdicts or settlements.
At Tawney, Acosta & Chaparro P.C. we understand that each whiplash case is unique and have dedicated our practice to serving you with compassion, professionalism, and spirit.
Our approach includes aggressively pursuing the liable parties while keeping our clients in the loop, combining determined advocacy with accommodating client service.
We seek justice for whiplash injuries across Texas and New Mexico, leveraging our years of collective experience in personal injury law to secure the compensation you deserve. Reach out to us today for a complimentary case review.
Daisy Chaparro
Daisy Chaparro was born and raised in El Paso, Texas. A graduate from El Dorado High School in 2008 and obtained a Bachelor of Arts in Political Science with a minor in Philosophy from St. Mary’s University in 2012. Daisy then obtained her Juris Doctorate (magna cum laude) from Texas Tech University School of Law in 2015.
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