If you are involved in a car accident, one of the most common injuries you may experience is whiplash. Whiplash is a neck injury that is caused by the sudden jerking of the head, either forwards and backwards or side to side. It can happen in any type of accident, whether it is a car, bike, or pedestrian accident. In Arkansas, you may be able to file a personal injury claim if you have suffered whiplash in an accident.
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Understanding Whiplash
Whiplash is a soft-tissue injury that affects the neck, upper back, and shoulders. The sudden movement of the head can cause the muscles, ligaments, and tendons to stretch and tear. Symptoms of whiplash can range from mild to severe and can include:
- Neck pain and stiffness
- Headaches
- Dizziness
- Shoulder pain
- Arm pain
- Tingling or numbness in the arms or hands
It is important to seek medical attention if you believe you have whiplash. Your doctor can diagnose the injury and provide treatment options. Whiplash can have long-lasting effects if left untreated, and it can lead to chronic pain and disability.
Filing a Personal Injury Claim in Arkansas
If you have suffered whiplash in an accident that was caused by someone else’s negligence, you may be able to file a personal injury claim. In Arkansas, you have three years from the date of the accident to file a claim. It is important to file your claim within this time frame, as the courts will not consider your case if the statute of limitations has passed.
To file a claim, you will need to provide evidence that the other party was at fault for the accident. This can include police reports, witness statements, and photos of the accident scene. You will also need to provide evidence of your whiplash injury, such as medical records and bills.
Determining Fault in Arkansas
In Arkansas, the courts use a modified comparative fault system to determine fault in personal injury cases. This means that each party involved in the accident is assigned a percentage of fault for the accident. If you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault.
For example, if you are 20% at fault for the accident and your damages total $10,000, your compensation will be reduced by $2,000 (20% of $10,000) and you will receive $8,000 in compensation.
Compensation for Whiplash Injuries
If you have suffered whiplash in an accident, you may be entitled to compensation for your damages. Damages can include:
- Medical expenses, including hospital bills, doctor’s visits, and medication
- Lost wages from time missed at work
- Pain and suffering, including emotional distress and mental anguish
The amount of compensation you are entitled to will depend on the severity of your injuries and the impact they have had on your life. An experienced personal injury attorney can help you determine the amount of compensation you are entitled to and negotiate with the insurance company on your behalf.
Conclusion
If you have suffered whiplash in an accident that was caused by someone else’s negligence, you may be able to file a personal injury claim in Arkansas. It is important to seek medical attention for your whiplash injury and file your claim within the statute of limitations. An experienced personal injury attorney can help you navigate the legal process and obtain the compensation you deserve.