Encinitas Car Accident Lawyer

Brad Nakase, Attorney

Free Consultation: 619-550-1321

The most common soft tissue injury sustained from a car accident is whiplash. Whether you are a driver or a passenger, you are equally at risk of getting whiplash. This is especially true if the car you are in gets rear-ended. This is because the sheer force of the collision jerks your neck and head, causing hyper-extension. Other more official names used for this issue are cervical strain, cervical sprain, and hyper-extension.


You do not have to be in an automobile at a high speed to get whiplash. You may even get this injury at relatively slow speeds. The unexpected nature of the impact is what makes the injury as bad as it is. The most common way to get whiplash is by being involved in a car accident. You can get whiplash any time you whip your neck and head in any direction, be it voluntary or not.


Repercussions of Whiplash

You will not always be able to tell that you sustained injuries from whiplash. However, there are some tell-tale signs that you may have gotten an injury from whiplash. Within the span of a few days following a car accident, you may experience one or more of the following:

  • Stiff neck
  • Dull neck pain
  • Vertigo
  • Painful headaches
  • Unsteadiness
  • Back pain
  • Difficulty with memory
  • Difficult with concentration


If you have sustained a whiplash injury, your attorney will usually refer you to a medical professional that specializes in this sort of injury. The common methods of treating whiplash include getting a neck brace, taking physical therapy, ingesting muscle relaxants, having message therapy, and taking MRI scans. If your whiplash is severe, you may have to get surgery.


In certain cases, it can take just three weeks to make a full recovery from whiplash-related injuries. However, most people make a full recovery within three months from the date of an accident. There are some cases where the injuries sustained from whiplash will not heal for a year or even longer. While rare, it is possible to end up having chronic pain for several decades after getting whiplash-related injuries.


What to Do if You Get a Whiplash Injury

You may initially think a whiplash injury is benign. This is easy to assume given the lack of noticeable symptoms at first. However, if you do not get a diagnosis of the injury and treat it, you can end up with chronic pain. You will most likely have to wait a few days before seeing or experiencing any evidence of a whiplash-related injury. Another repercussion of ignoring whiplash injuries is being more prone to future injuries to your neck or back.

 
Reasons to speak with a lawyer before you file an insurance claim

You have to file a claim with the at-fault’s driver’s insurance company and your company to get compensation. You may file a claim with both too.


The California law states that the at-fault driver is liable for the damage to your property and injuries.


It is not recommended that you negotiate or hold conversations with the insurance company before you meet your lawyer. The goal of the insurer will be to find a way to reduce the amount paid to you or even not to pay you at all.


Besides, the insurer may twist your statements against you so that you are given lower settlements or to deny your claim. As your car accident lawyer, attorney Brad Nakase will help you from falling into one of the common traps and make sure that your insurance claims are filed.


A car accident lawyer will assist you in identifying damages you are eligible to collect.

You might not know the amount of compensation that you can receive after a car accident. You may be having an estimate to fix the car, or you have a bill after the post-accident hospital visit. Depending on the circumstance that surrounds the accident, you can file for different damage. For example;

  1. Future expected medical costs: these are medical bills that you can anticipate to incur because of the accident.
  2. Lost wages; this includes the time missed from work during your recovery.
  3. Reduced earning capacity: this related to your ability to find a job and make a living after the accident.
  4. Pain and suffering: you can be compensated for thousands of dollars for pain and suffering you may experience after the accident.
  5. Punitive damages: These damages show that the at-fault driver behaved recklessly.

Attorney Brad Nakase will examine all the accident details to determine the damages that you can pursue successfully.

Maximum Money by your Encinitas Car Accident Lawyer

Covering your damages is the responsibility of the at-fault driver. However, the insurance will only pay up to the policy limits of the driver. Anything beyond that will be your responsibility to pursue with the driver at an individual level based on the additional compensation you may deserve.

Your car may need repair after a car accident. You may also need to visit a doctor for rehabilitation or may miss going to work. The role of a car accident lawyer is to protect your rights and help you get compensated, hence allowing you to focus on more important matters such as recovery and your family.

It is advised that you work with your lawyer to initiate the process. Brad Nakase will calculate your claim value, pursue the other party outside court, and file a lawsuit and even try your case in from of a jury if needed.

If you have been in a car accident, or another accident where you believe you have suffered from whiplash, you must get proper medical attention right away. Afterwards, you should contact attorney Brad Nakase as your Encinitas car accident lawyer at (619) 550-1321 soon after to ensure your legal rights are secured.