If you believe you may have suffered a whiplash injury in a car accident, taking the right steps early can make a meaningful difference in both your recovery and any potential claim. If your symptoms persist, worsen, or are disputed by an insurance company, speaking with a personal injury lawyer can help you understand your options.
Fault and Compensation for Whiplash Injury
Texas is an “at-fault” state. This means the person who caused the crash must pay for the damage if it was not your fault. To get compensation for your damages, an injured person must show who caused the accident and how much the injuries cost.
Whiplash Injury Claim
In Texas, auto insurance pays for most car accident claims. State law requires drivers to carry minimum coverage amounts for injuries and property damage. Injured people usually ask the other driver’s insurance to pay for their injuries. If that driver has no insurance or not enough, they may use their own insurance if they have uninsured or underinsured coverage.
Insurance companies often try to pay as little as possible. It can be hard to get a fair settlement if you do not know how claims adjusters work. A lawsuit may be needed if the insurance company will not offer a fair deal, or if insurance does not cover all of the losses. In that case, the at-fault person’s own assets may be used to pay what is still owed.
Lawsuits must be filed within specific time periods following a car accident under the Texas Civil Practice and Remedies Code § 16.003. With limited exceptions, personal injury or wrongful death lawsuits must be filed within 2 years of the date the injury or death occurs.
At JD Silva we offer free consultations and can explain whether compensation may be available for your medical expenses, lost wages, and pain and suffering. Contact us today to set up your free consultation.