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November 29, 2022

Dallas Whiplash Injury Lawyer

If you’ve been injured in a car crash, workplace slip and fall, or contact sports incident, you may have sustained whiplash. Whiplash is a neck injury caused by your head bending violently forward and then backward, or vice versa, in a whipping motion — hence, the name. The injury usually involves the discs, muscles, nerves, and tendons in your neck. A Dallas whiplash injury lawyer can file a legal claim on your behalf to seek compensation if your injury was due to someone else’s negligence.

Often whiplash injuries arise out of vehicle collisions on the road that include sudden acceleration or deceleration. Rear-end collisions are especially notorious for causing whiplash injuries, though side-swipe crashes and head-on collisions can cause them, too. Team sports like football, soccer, and lacrosse are also common ways that people sustain whiplash injuries when they collide with another person at high speed, snapping their head backwards and forwards and jerking their neck and shoulders. The sudden extension and flexion cause soft-tissue damage and the pain can become chronic.

At Crain Brogdon, LLP, we will fight for the justice you deserve. We support you through the legal process and investigate your accident to ensure you receive the maximum settlement amount. We understand that whiplash injuries should be treated with the same attention as other accident injuries, and our Dallas whiplash lawyer will negotiate on your behalf so the court system understands this, too.

Why Choose Us as Your Whiplash Injury Lawyers?

WE HAVE ACHIEVED OUTSTANDING ACCOLADES AND ACCOMPLISHMENTS.

Crain Brogdon, LLP is a law firm made up of award-winning attorneys who excel in their fields of legal specialty. We have won $355 million in settlements and jury awards on behalf of our clients since the firm’s founding in 2001. Those millions of dollars helped injured clients and their families put their lives back together after tragedies.

Attorney Quentin Brogdon has more than 30 years of experience as a trial lawyer and is board certified in both personal injury trial law and civil trial advocacy. He has served as President of the Texas Trial Lawyers Association, President of the Dallas Chapter of the American Board of Trial Advocates, and President of the Dallas Trial Lawyers Association among many other leading roles in his field. He has been named Top 100 Super Lawyers by Texas Monthly magazine and was chosen as one of the Best Lawyers in Dallas by D Magazine.

There are few Dallas whiplash injury lawyers as skilled and experienced as our legal team. We have achieved outstanding case results, including an $8 million car accident settlement. We are extremely focused on providing top-notch client service because we understand that being injured in an accident can have life-altering consequences. Our legal team is compassionate, professional, and willing to go the extra mile to get the justice you deserve.

The attorneys at Crain Brogdon, LLP have led numerous major legal associations as president or influential board members.

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How Does a Whiplash Injury Happen?

Whiplash can occur from car accidents, sports injuries, or on-the-job accidents when a victim experiences a violent jolt or “whip” in the head and neck area. Although some whiplash injuries will heal on their own, others will result in long-term side effects and significant medical expenses. Injuries may affect intervertebral joints, discs, ligaments, cervical muscles, and nerve roots. If you’ve experienced whiplash after an accident, it’s important to seek medical attention right away.

Whiplash injury can evolve over time. Initially, it may feel like a rough jolt to the neck with pain for a few weeks. But other symptoms can include:

  • dizziness
  • tingling in the arms
  • headaches
  • ringing in your ears
  • blurred vision
  • shoulder pain
  • neck stiffness
  • low back pain
  • fatigue
  • loss of range of motion
  • concentration and memory problems
  • sleeplessness
  • irritability
  • depression

If these symptoms don’t subside, you may have additional injuries. Injuries can include more severe head and neck complaints like bulging disks, spinal compression, and numbness. Your doctor will be able to diagnose your symptoms properly, recommend medical treatment, and pursue rehabilitative efforts.

According to Johns Hopkins Hospital, your doctor may pursue diagnostic tests that include:

  • A complete medical history and physical exam. Many whiplash injuries include damage to soft tissues.
  • X-ray. Electromagnetic energy beams produce images of internal tissues, bones and organs onto film.
  • Magnetic resonance imaging (MRI). Large magnets and a computer make detailed images of the organs and soft tissue structures in your body.
  • Computed tomography (CT) scan. X-rays and computer technology make horizontal, or axial, images (often called slices) of your body. A CT scan can show detailed images of any part of your body, including your bones, fat, muscles, and organs. CT scans are more detailed than general X-rays.

Treatment may include:

  • Ice applications for the first 24 hours
  • Cervical (neck) collar
  • Gentle, active movement after 24 hours
  • Nonsteroidal anti-inflammatory medicines (NSAIDs)
  • Muscle relaxing medicines
  • Physical therapy
  • Osteopathic manipulation

Once you have a treatment plan for your whiplash injury, a skilled lawyer can assess the financial damages you’ve suffered — with the help of your doctor — and build a legal claim that demands compensation. If you’ve experienced whiplash after a traumatic accident and think someone else was responsible, reach out to a Dallas whiplash injury lawyer at our firm by calling 214-522-9404.

Damages You May Be Entitled To

If you’ve suffered a whiplash injury due to someone else’s carelessness or negligence, you may be entitled to both economic and non-economic damages.

Economic damages include:

  • medical bills
  • lost wages
  • cost of future medical care
  • loss of future earnings potential
  • property damage

Non-economic damages include:

  • pain and suffering
  • emotional distress
  • PTSD

Keep in mind that the statute of limitations for filing personal injury claims in Texas is two years from the date of the event that caused the injury.

Whiplash Injury FAQs

Our Dallas whiplash injury lawyers have helped hundreds of clients navigate the legal system, and we know that it’s important to get answers to your questions. Here are some frequently asked questions that we hear, and we hope the answers are helpful.

How many people suffer whiplash injuries each year?

More than 3 million new cases of whiplash injury occur each year, and over 50% of those progress to some degree of chronic symptoms. Statistics show that whiplash injuries occur 5 times more often in women than men, and people between the ages of 30 and 50 suffer whiplash more than others.

What’s the average whiplash injury settlement?

Because every case is different, there is no “average” settlement amount. Each case is fact dependent. Generally, the more serious the injury, the greater the payout. Other factors that can impact the settlement amount include number of defendants, amount of lost earnings and medical bills, and whether the defendant showed a reprehensible disregard for the safety of others.

Can I file a whiplash injury lawsuit if I was partially at fault for the accident?

Yes. Texas is a “proportionate responsibility” or “modified comparative negligence” state. This means that you can still collect damages even if you are partially at fault for the accident — as long as you are less than 50% responsible for the accident or injury.

What is the medical treatment for a whiplash injury?

Medical treatment can include ice packs, cervical collar, physical therapy, nonsteroidal anti-inflammatory medicines, muscle relaxants, and movement exercises.

How long does a whiplash injury lawsuit take?

The length of time your legal claim takes depends on many factors. Generally, cases that settle out of court take less time than cases that go to trial in front of a judge and jury. A case can take a few months or a year or longer.

We understand that you may have many questions about your whiplash injury and legal rights. We’ve answered countless questions from clients about the judicial process, how damages are calculated, and what it’s like to be a plaintiff in a lawsuit. If you have additional questions, feel free to contact us.

Modified Comparative Negligence Laws in Texas

OUR WHIPLASH LAWYERS KNOW HOW TO USE THE LAW IN YOUR FAVOR.

Texas is a fault state, which means the person responsible for injuring others is also the one financially responsible for their recovery. There may be one person at fault – like the drunk driver who hit your car – or there could be several guilty parties, such as the truck driver, trucking company, and even the truck manufacturer if your whiplash injury was caused by a collision with an 18-wheeler.

In calculating damages/compensation, Texas uses a modified comparative negligence formula (also known as “proportionate responsibility”). This means that if you are found partially at fault for causing the injury accident, then your damages can be reduced proportionately. For example, if you were driving 12 mph over the speed limit when a truck ran a stoplight and collided with your vehicle causing a whiplash injury, then the court might find that you were 10% responsible for the accident and the truck driver was 90% responsible. If the total payout awarded was $200,000, then the amount you receive would be reduced by 10% (you would receive $180,000). As long as you are not more than 50% at fault for the whiplash injury accident, you are eligible to collect damages if your case is successful.

But if you are more than 50% at fault for the accident, you will no longer be able to seek compensation for your losses. A Dallas whiplash injury lawyer may be able to estimate what percentage of blame you carry, if any, and how your claim will be affected.

Our whiplash lawyers aren’t afraid to handle the tough cases with no clear answers. Even if you think you might share fault for a Dallas whiplash injury, we are willing to fight for the compensation you deserve.

Determining Who’s Responsible for Your Whiplash Injury

Determining fault for your whiplash injury will depend on how your whiplash injury occurred. If you suffered from whiplash after being in a car accident, then whoever caused the car accident can be held liable for your injuries. Sometimes, multiple parties can be held liable for injuries in accidents.

For example, a distracted may have hit you on the road, but the wreck may have been significantly worse due to a pothole in the road. In this case, both the distracted driver and the government entity responsible for keeping the roads repaired would be held liable for your whiplash injury.

An investigation of your accident can be done by gathering all of the available evidence including police reports, medical records, photographs, and witness testimonies. Once a defendant or multiple defendants can be named in your lawsuit, your attorney can calculate your settlement.

In personal injury cases, your Dallas whiplash injury lawyer will have to clearly show the four elements of “negligence.” These include:

  1. Duty – the defendant owed you a “duty of care”
  2. Breach – the defendant failed to meet that duty
  3. Causation – the defendant’s actions, or failure to act, caused your injury
  4. Damages – your injury resulted in financial losses and can be compensated

Our award-winning attorneys at Crain Brogdon, LLP. have won hundreds of cases on behalf of clients by decisively proving these four elements.

Our attorneys are highly represented in local, state, and national awards and recognitions. We are routinely asked to provide media analysis on complicated legal issues across the country.

Contact a Dallas Whiplash Injury Lawyer Today

It’s likely that you’ve suffered both economic and non-economic damages from your whiplash injury, including medical expenses, possible loss of income from being out of work, pain and suffering, and emotional distress. At Crain Brogdon, LLP, we’ll maximize your settlement by ensuring all the damages you’ve experienced are included in your claim.

We treat our clients like family, and they become our friends. We provide all clients with our personal cell phone numbers. We’ll fight hard to get the justice you deserve. To speak with a Dallas whiplash lawyer about your case in greater detail, you can schedule a free consultation by calling 214-522-9404.

Attorney Quentin Brogdon

Attorney Quentin BrogdonQuentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]