Boise Whiplash Injury Lawyers
When you are in a car accident, your adrenaline spikes. This combination of fear and anxiety and the need to ensure everyone is safe and okay can block out your pain sensors temporarily. Whiplash is an injury commonly resulting from car accidents like a rear-ending accident or being t-boned. It’s an upper back and lower neck injury caused by quick, repeated whipping motions. For many victims of car accidents caused by another’s negligence, they won’t feel the side effects of whiplash for a couple of days after the incident.
When you have been injured due to another driver or third party’s reckless behavior, you are owed compensation for your damages. The Boise whiplash injury lawyer from Feller & Wendt aims to protect our community’s rights to a high settlement and fair compensation after they have been wrongfully injured.
Establishing Liability in a Whiplash Injury Case
Liability is established in a personal injury case through the four basic components of negligence, including:
- Duty of care: For motor vehicle drivers, their duty of care is to adhere to the rules of the road. This means keeping all fellow drivers safe and not putting their or your life at risk.
- Breach of care: When the expected standard of care is broken by speeding or driving while intoxicated, this is considered a direct violation of that duty, or a breach.
- Causation or link: Just speeding is not enough to hold the at-fault party liable. This recklessness must have directly caused your accident and resulting damages and injury.
- The resulting damages: When you experience whiplash as a direct result of their breach of care, they can be held liable for their actions.
To demonstrate that this negligent action has occurred, your Boise, ID whiplash attorney will collect and assess relevant evidence. This can include photographs of the accident or damage, traffic camera footage, eyewitness accounts, extensively written medical records, professional testimony, and a police report. Many of these items are time-sensitive, and it’s imperative you reach out to a Boise, ID whiplash injury lawyer as soon as possible so they can collect them.
What Kinds of Damages Are You Eligible for After a Whiplash Injury?
A whiplash injury accident leaves the victim eligible for compensation for their injuries and property damage. This compensation can be broken into two subsections, including:
- Economic damages: This is compensation for the tangible losses you experience, such as medical bills, lost wages due to the inability to work, and any rehabilitative therapy required.
- Non-economic damages: For losses not so easily measured, like pain and suffering, non-economic damage will be awarded.
There is currently a damage cap on noneconomic damages in Idaho for the amount of $250,000. Idaho currently operates under a comparative negligence law, meaning the at-fault party must be considered under 49% liable for the accident. If you share blame or exceed 50%, you are unable to recover compensation. It is also important to note that the amount of compensation will vary based on the percentage of fault determined.
How a Dedicated Attorney Can Help
Facing the aftermath of a motor vehicle accident that was not your fault can feel overwhelming, and you may not know where to begin. While you can technically file a claim on your own, we have found that the settlements are low, and it’s not uncommon for claims to be dismissed due to incorrect paperwork or a missed deadline. When you hire a dedicated firm like Feller & Wendt, you are partnering with someone who will help take care of the hard part while you focus on recovering from your whiplash and other injuries. This can include:
- Filing your claim before the two-year statute of limitations
- Fighting for a high settlement
- Having low settlements reevaluated
- Handling all scheduling
- Collecting and assessing time-sensitive evidence
- Using professional connections for testimony
When you have a knowledgeable Boise whiplash injury attorney on your side, you are giving yourself the best possible chance at the results you need to move forward with your life. We understand the importance an adequate settlement can have, as sometimes compensation is the only route out of the pile of acquired medical bills and lost wages.
Consult With a Boise, ID Whiplash Injury Lawyer About Your Options Today
When another driver causes you pain and property damage, you deserve financial compensation and justice. Don’t let them get away with their recklessness. Feller & Wendt has brought many clients success to their claims and would love to do the same for you and your case. Our people-first approach to the personal injury process means you have someone by your side every step of the way, alleviating any fears or concerns you may have.