Omaha Whiplash Attorneys

Whiplash is a serious injury that could disrupt one’s daily routine and well-being. This painful neck injury may leave people dealing with ongoing discomfort, limited mobility, and the need for medical care.

Those who experienced whiplash might have the right to pursue compensation to help cover treatment expenses and other related costs.

At Berry Law, our team of Omaha whiplash attorneys helped countless injured people recover fair compensation for their damages.

When someone suffers a whiplash injury as the result of negligence or an intentional act by another party, we can help get justice.

Contact us today to schedule a free case review with an Omaha whiplash lawyer.

Why Choose Berry Law Omaha Whiplash Attorneys?

With more than 50 years of legal success and a proven track record of notable case outcomes, Berry Law is known for its relentless pursuit of justice and exceptional results. Our team of attorneys brings together over 240 years of combined experience.

Berry Law’s Omaha personal injury lawyers meticulously approach every case, evaluating everything from urgent medical needs to long-term impacts. This strategy allows them to develop a thorough plan to recover the highest possible compensation.

Our team steadily reaches favorable client outcomes by leveraging thorough legal strategies. Whether recovering six- or seven-figure settlements or dealing with insurance matters, our results and client satisfaction speak to our dedication, experience, and commitment.

An unwavering dedication to its clients drives Berry Law. Our legal team works tirelessly to tackle the physical, emotional, and financial challenges faced by individuals impacted by pedestrian accidents in Omaha.

We handle every case with a client-first approach, assuring clients they have skilled and compassionate advocates.

For those seeking a powerful legal ally in Omaha, Berry Law delivers unmatched representation backed by a history of award-winning service and proven results.

What Are Whiplash Injuries?

Whiplash injuries occur when the head is forcefully thrown forward, backward, or sideways, causing the neck to snap rapidly like a whip. This sudden motion strains the soft tissues in the neck, including muscles, ligaments, and tendons, leading to pain and limited mobility.

Whiplash is most frequently associated with rear-end car accidents but can also result from sports injuries, falls, or other high-impact incidents.

Common Symptoms of Whiplash

• Neck pain and stiffness: Discomfort that limits movement in the neck and shoulders.
• Headaches: Pain typically starts at the skull’s base and radiates upward.
• Dizziness and fatigue: Feelings of lightheadedness or extreme tiredness after the injury.
• Shoulder, arm, or back pain: Discomfort extending beyond the neck.
• Numbness or tingling: Sensations in the arms or hands caused by nerve compression.
• Cognitive issues: Difficulty with concentration, memory, or irritability.

How whiplash impacts daily life

Whiplash isn’t always a short-term injury. While some people recover in a few weeks, others face long-term complications like chronic pain, limited mobility, and emotional distress.

These lingering effects make working, driving, or completing daily tasks difficult. Seeking medical treatment and legal guidance promptly after the injury is critical to protecting someone’s health and rights.

Who Is Liable for My Whiplash Injury?

After a whiplash injury, it is imperative to determine who is at fault before injured people can take the necessary steps to recover compensation.

Unfortunately, proving liability for these types of injuries can be challenging. However, injured people can make things far easier by hiring an experienced whiplash lawyer in Omaha, NE.

An attorney will know exactly what to look for as they investigate the case. An attorney will gather evidence and build their case against the responsible party.

Whether filing an insurance claim or pursuing a personal injury lawsuit, injured people must determine who they will attempt to recover compensation from before they can start.

Damages From a Whiplash Injury

Following a whiplash injury, injured people must determine what damages apply to the situation. The damages they can claim following a whiplash injury vary from case to case.

When injured parties hire a whiplash injury lawyer, they will review the losses incurred and the circumstances surrounding the injury to determine what damages apply.

In addition to the standard damages available in most cases, injured people could qualify for more obscure damages that are more difficult to identify. All available damages are divided between two primary categories: Economic and Non-Economic Damages.

Economic damages

Injured people can recover economic damages for any losses resulting from injury that directly affect their financial situation. Monetary damages are not restricted to the money injured people spend due to the accident.

Instead, lawyers may also include any income they were unable to earn.

Injured people can recover economic damages for both the losses they currently face and the losses they will likely suffer. Common economic damages include:

• Lost income
• Loss of future earnings
• Medical bills
• Future medical expenses
• Property damage
• Mileage to and from appointments

Non-Economic damages

Injured people can also recover non-economic damages for any other loss related to the accident that caused whiplash. Non-economic damages are quite diverse.

However, they often hold a commonality that most of these damages are irreplaceable.

Since these losses affect injured people profoundly, the money awarded for these damages occasionally makes up the largest part of a court-ordered payout or settlement deal.

Common non-economic damages for serious injuries include:

• Diminished quality of life
• Post-traumatic stress disorder (PTSD)
• Pain and suffering
• Emotional distress
• Loss of consortium
• Permanent disability

Don’t Wait to File a Whiplash Injury Lawsuit

When taking legal action following an accident, delays can be costly. The best thing injured people can do to put themselves in a position to recover fair compensation after suffering an injury is to contact an experienced whiplash attorney in Omaha, NE.

An attorney will assess the situation and determine what types of damages injured people can claim.

One of the reasons it is so critical to act quickly is that there is a legal time limit for how long injured people have to submit an insurance claim or file a lawsuit against the liable party.

In Nebraska, the statute of limitations for filing a whiplash accident lawsuit is generally four years; however, a shorter timeline as short as one year may apply in certain circumstances.

If injured people don’t submit the appropriate paperwork to the court within this time frame, they could find themselves out of options for recovering compensation.

Hiring a lawyer early will also give them the best chance of collecting evidence before it can become lost or corrupted. In addition to being able to gather more evidence, an early start will help if injured people rely upon witness testimony for their case.

Witness testimony is also far more valuable the closer to the accident date, as memory is less reliable over time.

Proving Liability for a Whiplash Injury

Establishing liability for a whiplash injury requires a strategic approach backed by strong evidence and a clear understanding of negligence laws.

Since insurance companies and at-fault parties often attempt to shift blame, proving who is responsible is one of the most important parts of a personal injury case.

Here’s how liability is determined in a whiplash injury case:

Identifying the at-fault party

Liability in whiplash cases indicates the driver who caused the collision, but other parties could also be responsible.

For example:

• Negligent drivers: Rear-end collisions are a leading cause of whiplash injuries, with liability often falling on the driver who failed to stop in time.
• Third-party liability: In some cases, faulty vehicle parts (like brake failure) or poor road conditions (like unmarked hazards) could shift liability to manufacturers or government entities.
• Multiple parties: If multiple vehicles were involved, liability may be shared among drivers, which makes it essential to identify each party’s role in causing the accident.

Gathering evidence to prove negligence

To hold someone responsible for a whiplash injury, injured people must show that their negligence directly harmed them. Key forms of evidence that support the case include:

• Accident reports: Police reports detail the events leading up to the crash and may contain critical observations or citations that point to who was at fault.
• Eyewitness testimony: Statements from those who saw the accident happen to add weight to a claim and help establish a clear account of the events.
• Video footage: Dashcam videos or surveillance footage from nearby businesses can show how the accident occurred.
• Medical records: Detailed medical reports connect the injury to the accident, directly linking the collision to physical harm.
• Expert testimony: Accident reconstruction experts can analyze the scene, vehicle damage, and impact forces to determine how the crash occurred and who was at fault.

Proving negligence using the four legal elements

Plaintiffs must prove these four elements of negligence to hold someone accountable for an injury

1. Duty of care: The responsible party had a duty to act with reasonable care, such as following traffic laws or maintaining safe driving behavior.
2. Breach of duty: The responsible party failed to meet this duty, such as speeding, tailgating, or driving distracted.
3. Causation: Injured people must prove that the breach of duty directly and proximately caused an injury. Evidence like accident reports, photos, and medical evaluations help establish this link.
4. Damages: Finally, injured people must demonstrate that they suffered actual damages (like medical bills, lost income, and pain and suffering) because of the injury.

Overcoming Insurance Company Tactics

Insurance companies will try to reduce their financial liability by downplaying the severity of injuries or blaming injured people for the accident. Berry Law’s team knows how to counter these tactics, which may include:

• Claiming Pre-Existing Injuries: Insurance companies may argue that a neck injury was caused by a prior condition rather than the accident. An attorney will rely on medical records and doctor testimony to disprove this claim.
• Shifting Blame: Insurers may try to argue that injured people were partially responsible for the accident. Nebraska follows a modified comparative negligence rule, meaning compensation could be reduced if injured people are found partially at fault.

The role of Omaha whiplash attorneys in proving liability

Without legal guidance, injured people may face unnecessary hurdles in proving liability. Attorneys handle every aspect of the process, from collecting evidence to negotiating with insurers and litigating in court if necessary.

By hiring Berry Law, injured people gain access to a team of attorneys who:

• Conduct a full investigation to identify all responsible parties.
• Preserve evidence, including accident reports, video footage, and medical documentation.
• Counter insurance company tactics that attempt to shift blame or devalue a claim.
• Build a compelling case to support the right to full compensation.

Proving liability in a whiplash injury case takes more than just pointing fingers. It requires clear evidence, legal expertise, and strategic action.

Berry Law’s attorneys proactively identify every liable party and hold them accountable for the losses.

Berry Law’s Team Provides Multiple Attorney Perspectives

Contact a Whiplash Injury Lawyer in Omaha to Schedule a Free Case Review

At Berry Law, we are committed to fighting relentlessly for our clients. Our team of Omaha whiplash lawyers has helped countless injured people recover the money they need following an injury.

We do everything in our power to ensure injured people get the money they need and deserve to get back on their feet and put their injuries behind them.

To schedule a free, no-obligation consultation with a member of our legal team, call us or use our online contact form today. The Omaha personal injury lawyers at Berry Law are ready and waiting to help injured people recover fair compensation.

Our results speak for themselves.

Call 402-466-8444 for a free consultation today.

Berry Law – Omaha Office

Address: 1414 Harney St Suite 400
Omaha, NE 68102

Phone: (402) 627-8674