Whiplash injuries are some of the most common yet misunderstood injuries resulting from vehicular accidents. For residents of Sioux Falls, South Dakota, where the hustle and bustle of daily life sees numerous cars on the road, understanding whiplash is crucial. If you were injured in an accident, a whiplash lawyer in Sioux Falls can help.
Here, at the Hoy Law Firm, our Sioux Falls personal injury lawyers consistently advocate for victims who have suffered whiplash injuries due to the negligence of another driver. With over 150 years of experience in personal injury law, we are prepared for anything that might come up in your case. Contact us to schedule a free consultation today.
Negligence and Liability in Whiplash Injury Cases
In the realm of personal injury law, negligence plays a pivotal role. If a driver’s negligent behavior resulted in an accident and subsequent injuries to another party, they could be held legally responsible. Here’s what that means in the context of whiplash injuries in Sioux Falls:
- Duty of care: Every driver on the road has a duty to operate their vehicle safely and to be mindful of other road users.
- Breach of duty: If a driver acts carelessly or recklessly—like texting while driving, driving under the influence, or not paying attention—and hits another car from behind, they have breached this duty.
- Causation: It must be proven that the negligent driver’s actions directly caused the whiplash injury.
- Damages: The victim must have sustained damages, whether they’re medical bills, lost wages, pain and suffering, or other losses.
If all these criteria are met, victims can seek compensation for their injuries. An experienced Sioux Falls Whiplash Lawyer can help you prove negligence and secure a favorable case result.
For a free legal consultation with a whiplash lawyer serving Sioux Falls, call 605-334-8900
Compensation You Can Recover for a Whiplash Injury
After suffering a whiplash injury caused by the negligence or intentional actions of another party, there are a variety of damages you will likely be eligible to recover. The specific damages that apply vary from case to case and will depend on a variety of factors. Identifying all the damages you are eligible to claim is critical for recovering the full value of your losses.
An experienced whiplash attorney in Sioux Falls can help you determine which damages apply so you can recover maximum compensation.
Compensatory Damages
After suffering a whiplash injury, there are several types of compensatory damages that will be available. These damages can be divided into the categories of economic and non-economic damages.
Economic damages include all the losses that directly affect your finances. These damages include both money you were forced to spend and income you were unable to earn as a result of your whiplash injury. Commonly available economic damages in whiplash cases include:
- Medical bills
- Future medical costs
- Lost wages
- Diminished earning capacity
- Property damage
Meanwhile, non-economic damages are centered around losses to your quality of life. Commonly available non-economic damages in whiplash cases include:
- Emotional distress
- Permanent disability
- Pain and suffering
- Scarring and disfigurement
- Mental anguish
- Loss of consortium
Punitive Damages
In rare cases, punitive damages may also apply. While compensatory damages focus on the accident victim, punitive damages focus on the liable party. These damages are meant to serve as a punishment to help prevent similar bad behavior in the future.
A judge will only award punitive damages if the at-fault party acted with the intention of causing harm or if they were criminally negligent in their actions or inaction. An experienced whiplash lawyer serving Sioux Falls can help you determine whether punitive damages may apply in your case.
Sioux Falls Whiplash Lawyer Near Me 605-334-8900
What Is Whiplash?
Whiplash is a neck injury resulting from a forceful, rapid back-and-forth movement of the neck, much like the cracking of a whip. The most common cause of whiplash is rear-end car accidents. If you were injured in a crash, an experienced Sioux Falls car accident lawyer can help you understand your legal options.
When a vehicle hits another from behind, the sudden force can cause the head and neck of the vehicle’s occupants to jerk forward then backward, damaging the soft tissues in the neck.
While many think of whiplash as a minor inconvenience, its effects can be far-reaching and long-lasting. Some victims recover within a few weeks, but for others, the pain and discomfort can persist for months or even years. Chronic whiplash can affect an individual’s quality of life, hindering their ability to work, engage in recreational activities, and even perform daily tasks.
Symptoms of Whiplash
Whiplash symptoms might not manifest immediately after an accident. It can take hours, days, or even longer for victims to experience the full brunt of the injury. Common symptoms include:
- Neck pain and stiffness
- Limited range of motion in the neck
- Headaches, often originating at the base of the skull
- Tenderness in the shoulders, upper back, or arms
- Tingling or numbness in the arms
- Fatigue and dizziness
- In more severe cases, symptoms can include blurred vision, ringing in the ears (tinnitus), sleep disturbances, memory problems, and even depression.
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A Whiplash Attorney Serving Sioux Falls Can Help With Your Case
If you or a loved one has suffered a whiplash injury due to the negligence of another driver in Sioux Falls, South Dakota, you need a competent advocate on your side. At the Hoy Law Firm, we understand the physical, emotional, and financial toll such injuries can take.
Our team of experienced attorneys is committed to ensuring that negligent drivers are held accountable and that our clients receive the compensation they deserve. Navigating the complexities of personal injury law can be daunting, but you don’t have to face it alone.
Our Sioux Falls whiplash lawyers are here to guide and support you every step of the way. Because at the end of the day, justice is not just about compensation but about ensuring that negligent drivers understand the gravity of their actions and making our roads safer for all. Call us or contact us online to set up a free case review with one of our lawyers today.
Call or text 605-334-8900 or complete a Free Case Evaluation form
