Can I Sue if I Have Whiplash From a Car Accident?

June 28, 2022
Chester County Car Accident Lawyers at Eckell Sparks Can Determine Your Legal Options if You Have Severe Whiplash From a Collision.

Soft tissue injuries like whiplash are complex because it can be hard to prove their severity. As a result, it can be challenging to get a fair settlement if you have whiplash from a car accident. A lawsuit depends on the seriousness of the injury and if the other driver acted negligently. It also depends on your type of auto insurance. For these reasons, it is critical to speak with a lawyer if you have whiplash from a car accident.

To make a claim, you will need as much evidence as possible. Immediately after the accident, seeking medical care and diagnostic tests are essential. Make sure to have the other driver’s contact and insurance information, and get a copy of the police report. It is also wise to take photographs of the accident and speak with bystanders who may have witnessed what happened.

Save all of the paperwork, and try to keep a journal of your path towards recovery. You must contact your insurance provider, but remember that Pennsylvania applies modified comparative negligence. You must be less than 51 percent responsible for the accident to be eligible to collect compensation. Your percentage of fault will be reduced from the overall compensation award.

What Are the Symptoms of Whiplash?

Whiplash often occurs in car accidents because of the sudden acceleration and deceleration in a crash. A driver’s neck ligaments, tendons, and muscles are suddenly impacted with unexpected force, even in minor accidents.

Aside from neck pain and stiffness, there can be other symptoms of whiplash:

  • Sleepiness.
  • Pain in the hands, arms, lower back, or shoulders.
  • Ringing in the ears.
  • Numbness in the hands or arms.
  • Irritability, memory problems, inability to focus.

How Is Whiplash Treated?

Whiplash is often diagnosed with an X-ray, MRI, or CT scan. Your treatment plan will depend on your overall health and the extent of the injury.

Ice is usually applied for the first 24 hours to treat whiplash, and a cervical neck collar may be worn. Treatment often includes anti-inflammatory medication, muscle relaxers, osteopathic manipulative therapy, and physical therapy.

Most people fully recover from whiplash, but some end up with serious complications. A fracture, dislocation, or nerve damage could lead to long-term disability and chronic pain. Other symptoms might include severe PTSD or depression.

Chester County Car Accident Lawyers at Eckell Sparks Can Determine Your Legal Options if You Have Severe Whiplash From a Collision

The best way to determine if a whiplash case is worth pursuing is to contact one of our experienced Chester County car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. We can analyze your case and offer sound legal guidance. For an initial consultation, complete our online form or call us at 610-565-3701. Located in Media and West Chester, Pennsylvania, we help clients in Delaware County, Chester County, and Montgomery County.