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If I Have A Car Accident And Get Whiplash, Can I Sue?

whiplash car accident

Whiplash is a common injury after getting in a car accident. The bottom line of whether you can sue or not is yes, you can. However, determining whether you will be successful will also assist in determining whether it’s worth it to go through the process. The biggest question when suing is whether the fault is with you or another party. Pertinent laws in the state you reside in, as well as the records that were kept during the time of the accident, should be taken into account.

Questions and Answers After Suffering Whiplash In A Car Accident:

Q: How can I provide evidence of my injury to support a potential lawsuit?

A: To support a potential lawsuit for a whiplash injury, it is important to seek medical attention immediately after the accident and keep records of all visits, tests, and prescribed medications. It is also helpful to keep track of any lost wages and other costs resulting from the injury, as well as documentation of how the injury has affected your daily life and routine tasks. Gathering police reports and witness information, as well as taking photographs of the accident scene and road conditions, can also strengthen your case. A personal injury lawyer can provide guidance on how to effectively present this evidence.

Q: In what circumstances might a no-fault state limit my ability to receive compensation for damages?

A: In a no-fault state, the injured party is generally only able to receive compensation for damages not covered by their own insurance. A very small number of no-fault states also allow the insurance company to counter-sue. It is important to understand the laws in your state and how they may affect your ability to receive compensation for injuries sustained in an accident.

Q: How can I demonstrate that the other party was negligent in causing my injury?

A: To prove negligence, it is important to file a claim with the insurance company as soon as possible after the accident. You may also need to provide evidence that the accident was not your fault, such as by demonstrating that the other party was rear-ending you or otherwise acting carelessly. A personal injury lawyer can provide guidance on how to effectively present this evidence and prove negligence in court.

Q: What should I do immediately after a collision to help me seek compensation for my injuries?

A: After a collision, it is important to seek medical attention right away to document your injuries. This is especially important for soft tissue injuries, which may not show up on x-rays or other diagnostic tests but can still cause significant pain and disruption to your daily life. You should also consider talking to a personal injury lawyer, who can advise you on seeking compensation and protect your rights in negotiations with the insurance company.

Q: What To Do After Soft Tissue Injuries?

According to the Association for Safe International Road Travel, approximately 2.35 million people are injured or disabled in vehicle accidents in the United States each year. Among the top causes of vehicle accidents are distracted driving, speeding, improper turns, dangerous curves, and the weather. Many times the injuries sustained are minor, but some can be serious and long-lasting.

Q: What types of compensation may be available to me for my soft tissue injuries?

A: If you are entitled to compensation for your soft tissue injuries, you may be able to receive damages for lost wages, loss of earning capacity if you are disabled, medical care costs, and repairs or replacement of any damaged property. A personal injury lawyer can help you understand what types of compensation you may be entitled to and represent you in court if necessary.


Overall, the answer is almost always that you can sue after getting whiplash from a car accident. You’re allowed to seek out compensation for damages, especially if you weren’t at fault. However, the amount you receive and how difficult the case is to prove depends on whether you hire a lawyer that specializes in personal injury, how much data you can collect from doctors visits, etc., and prove that the whiplash has negatively affected your life in a severe way. Even without these things, you have the right to sue, but you’ll be much less likely to win the lawsuit.

According to the Association for Safe International Road Travel, approximately 2.35 million people are injured or disabled in vehicle accidents in the United States each year. Among the top causes of vehicle accidents are distracted driving, speeding, improper turns, dangerous curves, and the weather. Many times the injuries sustained are minor, but some can be serious and long-lasting.

Soft Tissue Injuries

Injuries to muscles, tendons, and ligaments are soft tissue injuries. One of the most common is whiplash. This happens when someone is in a rear end collision. The neck and head are jerked forward and backward quite violently. The medical term for this is “hyper-extension injury” or “cervical strain or sprain”. Other soft tissue injuries include sprains, strains, and bruises due to the impact that is experienced when vehicles collide.

An injury to the soft tissue can be very painful. There is often stiffness, bruising, swelling, and soreness. In a vehicle crash, particularly one that is severe, the force of the collision can cause drivers and passengers to be jolted and thrown around inside the automobile quite forcefully.

Soft tissue injuries can often take from six weeks to three months to heal. Depending on your lifestyle, even after three months you can still experience some pain. You may not be able to totally return to the activities you enjoyed before the injury. If there is still pain after three months, you could have chronic soft tissue injuries.

Even if you are not experiencing any of these symptoms initially it is important to seek medical attention. Sometimes it may take two or three days for the symptoms to appear. Soft tissue injuries left untreated can cause chronic pain.

Pain and suffering is another type of compensation you could receive. This includes during the accident, presently, and future pain. Loss of enjoyment is yet another damage that can be claimed. If your injury prevents you from enjoying activities or hobbies that you participated in the past, you may receive damages for this as well.

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