Can You Sue For Whiplash In A Car Accident?

A whiplash is a neck injury that affects the soft tissues , including the ligaments, muscles, and tendons of the neck. In medical terms, it is referred to as a neck sprain or strain. It commonly happens when the neck suddenly moves back and forth as a result of a car crash impact.

Some symptoms of a whiplash are pain or stiffness in the neck, upper back, or shoulders, headache, dizziness, itchiness, and/or a burning sensation in the neck, arms, or shoulders. But there are cases when they cause more serious injuries like fatigue, disturbances while sleeping, difficulty in concentration, or memory loss.

Claims After Suing Over Whiplash

After knowing the dangers of a whiplash, the question now is; can you sue for whiplash in a car accident? The answer actually depends if you can objectively determine your chances of winning the lawsuit and the realistic Whiplashamount, which you think, the judge or jury will award if you win the case.

Suing over whiplash because you got hurt in a car accident does not automatically imply that the court’s decision will be in your favor. But assuming that you are not the cause of the car crash, and you get whiplash because of the accident, you can file a case to seek for claims like financial compensation for the medical costs and other damages through the following:

– If you are residing in a no-fault state (like Florida, New York, and Pennsylvania), or the party does not hold enough insurance as a compensation for your injuries, then you have the option to file a claim under the policies of your own car insurance or health insurance. If for instance, you use this option for whiplash claims, then may only be able to collect limited damages.

– But in a case when you are residing in a state where you are allowed to file a lawsuit for personal injuries caused by car accidents, submit a formal letter to the offender’s insurance company, notifying them (the company) about your injuries and intentions to file a claim. You can hire an attorney to assist you with the whole process, making it more convenient and less difficult for you.

– You also have the option to file a lawsuit so that you can get the needed financial compensation for having a whiplash as a result of a car accident. This would probably be the best choice if the other party or the insurer refuses to pay you. However, most lawsuits filed against this case usually end up in a settlement even before the formal trial starts. Despite such circumstance, always make sure that you have a lawyer who can assist you if you go on with suing over whiplash injury.

Worth of a Whiplash Case

Let’s say that you have won the lawsuit you filed for the whiplash injury. Under this circumstance, you can expect that the damages you can get are, most the time, not that much, according to Nolo. if for instance, the injury that you sustained was diagnosed as a whiplash, neck sprain, or neck strain, then it is not usually considered as a severe injury. Generally speaking, though, whiplashes do not affect the intervertebral disk, which is adjacent to the spine’s vertebrae.

Now that we have established that the claims for a whiplash injury lawsuit are not that big, how much can you sue for whiplash in a car accident then? It depends on how much you have spent for your special damages. For example, if you spent $3,000 for the medical costs and another $3,000 for your lost earnings, then the total damages in $6,000. You only have to do a simple addition to get the worth of a whiplash case.