A Texas Catastrophic Personal Injury Lawyer Explains Your Rights After a Rear-End Accident
While property damage may be immediately obvious after this type of car crash, bodily harm such as whiplash, traumatic brain injury, and spinal complications sometimes take days or weeks to fully manifest. So understanding rear-end accidents, the full extent of your medical condition, and how the negligent driver can be held responsible are crucial aspects of your compensation claim.
Our catastrophic injury legal team at Dortch Lindstrom Livingston Law Group helps motorists in Plano, throughout Texas, and nationwide stay thorough and diligent in their pursuit of a proper settlement. It starts with knowing the right facts about the rear-end accident claims process.
Why Rear-End Collisions Often Lead to Severe Injuries
It all relates to force. Whether you’re stopped at an intersection or cruising along the highway, when another vehicle strikes yours from behind, the seat that normally holds you in place exerts unexpected force against your body, causing it to absorb more impact. This results numerous medical complications, such as:
- Whiplash and neck trauma. Rarely can anyone brace for blunt rear-end impact. So the extreme back-and-forth motion strains neck muscles, ligaments, and vertebrae. This frequently causes lingering chronic pain, limited mobility, and nerve damage.
- Facial injuries. Airbag deployment or hitting the dashboard often results in broken bones, cuts, and dental damage.
- Traumatic brain injuries. Your head may strike the steering wheel, headrest, or window. The Brain Injury Association of America states that even mild traumatic brain injuries (TBIs), like concussions, can cause ongoing cognitive issues. More complicated TBIs affect behavior, cognitive ability, emotions, and mobility.
- Back and spine damage. Many people suffer from herniated discs, fractured vertebrae, or spinal nerve compression. If a person is rear-ended in a Texas truck accident, their injuries are far more severe—and often result in partial or total paralysis.
Even if you’re “tapped” from behind, there’s no way of knowing the total picture of your crash-related injuries initially, so it’s crucial to document everything right from the start and complete all recommended treatments. This helps our team prove causation in your claim.
Understanding Your Rights to Rear-End Accident Compensation
When you're hurt due to someone else's negligence, you have a right to seek restitution for economic and non-economic damages. Unfortunately, insurance companies often focus solely on immediate vehicle damage and emergency medical care, overlooking significant long-term costs.
With over 60 years of combined experience and thousands of state and federal court cases under our belts, the legal professionals at Dortch Lindstrom Livingston Law Group know beyond a doubt that your serious car accident injuries deserve compensation that covers a multitude of losses. Here are just a few that we consider in your rear-end car accident claim.
Medical Damages
It’s essential to account not only for immediate care but also plan ahead to help cover all costs related to helping you reach maximum medical improvement. This includes:
- Emergency room treatment
- Diagnostic testing and imaging
- Physical therapy and rehabilitation
- Chiropractic care
- Pain management
- Mental health counseling
- Future medical procedures
- Prescription medications
- Medical devices and equipment
Lost Income Compensation
Healing from a catastrophic rear-end collision might put you out of work for months—maybe longer. Our team wants to structure a settlement that paves the way for the best possible result so you receive compensation for:
- Missed work during recovery
- Reduced hours or job changes
- Lost benefits and bonuses
- Impact on future earning potential
- Job retraining if needed
- Lost business opportunities
- Retirement account impacts
Non-Economic Damages
Depending on the nature of your condition, there are other aspects to consider, such as:
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Impact on personal relationships
- Changes to daily activities
- Anxiety and depression
- Sleep disturbances
- PTSD symptoms
Property Damage
It’s also important to acknowledge how to recover property losses, including:
- Full repair costs at a shop of your choice
- Diminished value of your vehicle after repairs
- Replacement of car seats and safety equipment
- Rental car expenses during repairs
- Personal property damaged in the crash
Act Quickly So We Can Help Protect You
Every state has a different timeline, known as a statute of limitations, for filing a personal injury lawsuit. For example, under Texas Civil Practice and Remedies Code Section 16.003, you generally have two years from the date of your accident. While this initially seems like a lot of time, there are many steps to take after a catastrophic vehicle accident, so it’s critical to get started right away.
The skilled team at Dortch Lindstrom Livingston Law Group is ready to be your trusted advisors. We’ll take the reins to investigate and prove all elements of fault, preserve crucial evidence, reinforce your case through expert testimony, and give you the peace of mind that there’s some form of recourse after what happened to you.
