Can I Sue for Whiplash in a Car Accident?

You can file a car accident claim for whiplash if you and your attorney can prove that the at-fault driver directly caused the accident, your injuries, and your losses. While suing for whiplash is possible, it can be difficult to do without the help of an experienced attorney.

Fortunately, a skilled Phoenix car accident lawyer can help you gather evidence, represent you in court, and file a car accident claim for whiplash. No matter how serious your whiplash injury is, you can count on an educated lawyer to pursue the financial support you need to pay for medical treatment and cover other losses.

Evidence You Need to File a Car Accident Claim for Whiplash

To file a successful car accident claim for whiplash, you need evidence to support your case. An attorney can gather and analyze evidence for you so you have the time you need to focus on attending medical appointments and recovering from your injury.

Here are some types of evidence you’ll need to sue for whiplash from a car accident:

• Accident report
• Medical records
• Eye-witness testimony
• Footage of the incident
• Photos of the accident scene and vehicle damage
• And more

These are just a few of the types of evidence your lawyer can use to file a car accident claim for a whiplash injury. If you have copies of your medical bills or any other relevant documents, you’ll want to hand them over to your attorney so they can strengthen your claim.

For a free legal consultation, call 866-499-8989

How to Prove Your Case During a Car Accident Lawsuit

To file a car accident claim for whiplash, you’ll have to use evidence to prove that the at-fault driver should be held liable for your medical bills and other losses. Establishing liability can be difficult, but that’s where a dedicated car accident lawyer can help.

Your attorney must prove the following to make your civil suit successful:

• The driver owed you a duty of care: All drivers must uphold a duty of care and drive in a way that prevents others from suffering foreseeable harm. Your attorney can use evidence to establish that you and the other driver were sharing the road and that they owed you a duty of care at the time of the crash.
• The driver breached the duty of care: Next, your attorney must show that the driver failed to uphold the duty of care. They can use evidence of the driver’s excessive speed, aggressive driving, or other unsafe behaviors to show that they failed to meet their legal obligation to you.
• The driver’s breach caused the accident: Your lawyer must also show that the driver’s breach of the duty of care directly caused the accident you were hurt in. Your attorney can use witness testimonies, footage of the incident, and other forms of evidence to show that the driver’s actions caused the crash.
• You suffered injuries and losses: The last thing your attorney must prove to file a claim for whiplash from a car accident is that the collision caused your injuries and losses. Your lawyer can use your medical records, treatment bills, and other financial documents to complete this step of the process. 

Damages You Can Obtain by Filing a Car Accident Claim for Whiplash

Filing a car accident claim for whiplash can help you obtain a number of helpful damages. The compensation you can receive from a successful suit can help you pay your medical bills, replace lost wages, and even repair your vehicle. 

Working with an attorney can help you identify all the compensable losses you’ve suffered and maximize the amount of money you receive from your suit. Depending on the ways that the collision has affected your life and finances, you could receive any of the following damages from a winning lawsuit:

• Medical expenses
• Lost wages
• Deceased earning ability
• Vehicle repair costs
• Physical pain
• Mental anguish
• Loss of enjoyment of life

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You Have a Limited Amount of Time to Sue for Whiplash From a Car Accident

It’s important to note that Arizona law puts a limit on the amount of time you have to file a lawsuit for whiplash sustained in a car accident. Under Arizona Code § 12-542, you have two years from the date of the crash to submit a civil suit.

If you wait too long to get started on your case and miss this important filing deadline, you could be left without the financial remedies you need to afford treatment for your whiplash injury and support yourself on your road to recovery. Luckily, if you get in touch with an attorney soon, they’ll be able to file a lawsuit on your behalf before the deadline.

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Talk to a Lawyer About Filing a Car Accident Claim for Whiplash

Recovering from an accident can be a long and painful journey. The good news is that the team at Zanes Law can help make the legal process as simple as possible. We can investigate your accident, build a strong case, and file a car accident claim for whiplash on your behalf. 

Contact us today to schedule a free consultation with a Phoenix car accident lawyer. They’ll meet with you to discuss your accident and explain your legal options. If you’re still wondering, “Can I sue for whiplash in a car accident?” an attorney can also provide guidance on your eligibility to take legal action.

Call or text 866-499-8989 or complete a
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