If You Get Whiplash In A Car Crash, Can You Sue?

Law Blog

Whiplash is a painful and debilitating condition that can result from a car accident. If you have suffered whiplash in a car crash, you may be wondering if you can sue for compensation. The answer to this question depends on various factors, including the severity of your injuries, the circumstances of the accident, and the level of insurance carried by the parties involved. Here's what you need to know about whiplash and compensation.

What Is Whiplash?

Whiplash injuries are common in car accidents, particularly in rear-end collisions. They occur when the neck is jerked violently back and forth, injuring some of the soft tissues, muscles, and ligaments that support the head and neck. This can lead to symptoms like neck stiffness or pain, headaches, dizziness, fatigue, and difficulty sleeping. These symptoms can sometimes range from mild to severe and may require medical attention, medication, or surgery.

What Can You Pursue?

If you have sustained whiplash injuries in a crash due to another driver's negligence, you may be entitled to compensation for your damages. You can sue them or their insurance company to recover compensation for meds and expenses. You may also be able to sue for lost wages, pain, suffering, and other damages.

To make a successful claim, you have to prove that they breached any duty of care by acting negligently and that their actions caused your injuries.

How Can You Win?

To win a whiplash injury case, you need to provide evidence that demonstrates the extent of your injuries and what losses you stand to make as a result. This evidence may include medical records, invoices for medical treatments, prescription receipts, and documentation of missed workdays. You must also demonstrate that the accident was caused by the other driver's negligence, such as their failure to keep a safe following distance or their failure to obey traffic laws.

Whiplash injuries can be painful and costly, but if you have suffered from one due to a car accident caused by another party's clear negligence, you have the right to seek compensation. By pursuing legal action against the responsible party or their insurance company, you can recover the damages you have incurred as a result of the accident.

However, successful whiplash injury cases require sufficient evidence and legal representation, so it is essential to consult with an experienced personal injury lawyer like those at Stawicki Anderson & Sinclair. When you do, they can guide you through what can be a challenging process and help you achieve the best possible outcome.


23 August 2023