There are approximately 3 million whiplash injuries across the country each year, the majority of which are caused by car accidents. Navigating the aftermath of a motor vehicle accident is rarely easy, and this is especially true when you are carrying the burden of physical recovery and building a whiplash claim.
Having support from an experienced Atlanta personal injury lawyer makes a substantial difference throughout every step of your injury claim, and understanding your injuries and what the settlement and lawsuit process may look like can help you make informed decisions about your accident claim.
What is Whiplash?
Whiplash is a common car accident injury that occurs when the neck and head are jerked back and forth suddenly. This violent movement damages, tears, or strains ligaments and muscles in the neck. The medical term for whiplash is cervical acceleration-deceleration syndrome.
Whiplash injuries can cause a range of symptom severity, from a mild ache to lifelong disability. If you’ve suffered whiplash caused by a car accident in Georgia, you may be experiencing symptoms such as:
- Dizziness
- Pain or numbness in arms and hands
- Shoulder pain
- Neck stiffness
- Neck pain
- Difficulty sleeping
- Irritability
Whiplash Claims in Georgia
Establishing fault in your whiplash claim is essential for proving liability, which is vital to recovering damages. Georgia applies a modified comparative negligence standard to personal injury cases. This rule states that an injured party can recover damages for their injuries and losses if they are less than 50% at fault.
To establish fault in your whiplash claim, you will need sufficient evidence to show that the other party caused the accident and that the accident led to your injuries. This can often be accomplished by gathering evidence like:
- Surveillance videos
- Witness statements
- Medical records
- Dashcam footage
- Videos of the scene
- Police reports
- Expert witness testimony
Special and General Damages in Georgia Whiplash Accidents
At Flanagan Law, we understand that financial compensation alone cannot make up for the challenges, trauma, and pain you’ve experienced as a result of your accident. Our goal is to help you recover as much as possible, both physically and financially. Having the monetary resources to focus on your health and well-being is conducive to your healing and overall recovery.
In Georgia, injured parties can recover three types of damages: special, general, and punitive. Special damages, also known as economic damages, must be proven to be recovered. They are expenses and costs that are a direct result of an accident, such as medical bills and property repairs. General damages, or non-economic damages, are associated with subjective elements like pain and suffering.
Punitive damages are only awarded in cases where the at-fault party’s conduct exhibited malice, fraud, oppression, or willful misconduct. They are intended to punish the responsible person or entity rather than compensate the accident victim.
Contact Flanagan Law for Your Whiplash Claim
Our attorneys have helped countless clients navigate their whiplash claims and personal injury lawsuits. Contact us today to schedule your free consultation.
