Whiplash refers to a condition in which the brain and spine have sustained injuries. When a person has an automobile accident and is hit from the back, the car is pushed forward. The impact of this causes the neck and head to be accelerated forward and then they are quickly snapped back. This can cause a stretching and tear to the muscles and vertebrae of the neck, with damage to the nerves .The problem with a whiplash injury is that most people do not realize they have been injured until later after the accident, even when injury results in severe whiplash
What is Whiplash?
Within the case of whiplash in it to be important to discover will lose at fault or if there is a no fault. In terms of severe whiplash settlements, most states will determine who was liable depending if the state laws for an auto accident is either a “no-fault” or “at-fault” law. These laws will also determined how much of a settlement will be received.
The No-Fault Law
The no-fault law is prevalent in at least 50 percent of states. When using the no-fault law each person is considered responsible for whatever loss he or she encounters. Some states will vary the contents of the no-fault law and will have a maximum amount that the person is liable for. A variation of this will involve not just having a maximum amount that the person is liable for but a maximum amount they are liable for based on the circumstances surrounding the auto accident. For example, the no-fault law might state that everyone is liable for any damage to his or her own car, but if someone receives a personal injury such as severe whiplash, then the person who is liable is the one at fault for the accident. States that have a no-fault law do so to reduce the amount of lawsuits for automobile accidents.
The At-Fault Law
The other type of law concerning severe whiplash settlements and personal injury is the at-fault law. This law looks at personal injury settlement in regards to who is at fault for the accident. The driver at fault can be the one who broke the law, e.g. ran the red light, or one who is determined by the court or police to be at fault for causing the accident. Based on this, a state that has an at-fault law, can expect damages for whiplash to be higher as the settlement damages are based on who was at fault or negligent. States that have these types of at fault laws also have a higher amount of lawsuits related to injuries such as whiplash.
Getting Legal Help
The information above is only a guideline to laws regarding whiplash injury and settlements. If you have been injured or accused of causing an accident, seek an attorney immediately.
