Can I File a Personal Injury Claim if I Have Whiplash Caused by a Car Accident?



Whiplash is a common phenomenon that often occurs during a slow impact car accident. If you suffered injuries to your neck or back during a car accident, you may be entitled to compensation for your injury and subsequent medical treatment. To determine whether or not you should file a personal injury claim, consider the following:

Driver Negligence: Driver negligence is defined as a lack of reasonable effort to ensure the safety of those around them. For example, if a driver failed to stop at a stop sign or did not check an intersection before proceeding, they may be liable for any injuries that take place as a result of their actions. Accidents happen all the time. However, if an accident occurs because of the negligence of another driver, that driver may be liable for your injuries.

Fault: Each state differs in how it handles “fault.” In some states, the injured party in a car crash may not be eligible to file a personal injury claim if they were partially responsible for the accident. In other states, the injured party may be eligible to receive compensation in proportion to the amount of fault that lies with the other party. For example, if the other driver was 90% at fault, the injured party may be eligible to receive compensation for 90% of their total injury expenses. Check with your personal injury lawyer to determine what limitations apply to your case, based upon the state that the accident occurred in.

Treatment: Whiplash does not always show symptoms right away. Even if you don’t immediately feel the effects of an accident, it is important to seek out medical treatment directly after an accident occurs. Whiplash can cause long-term physical limitations and muscle injuries. Typically, the amount of compensation awarded in a personal injury lawsuit is determined by the treatment expenses.

Statute of Limitations: Each state has its own statutes of limitations that apply to personal injury cases. This means that each state has a set period of time in which a personal injury claim must be filed. After this time period ends, no claim will be entertained by a court of law. For this reason, it is vital to check on the statute of limitations that apply to personal injury cases within your jurisdiction. If you are unsure of how to check your state’s laws, consult a personal injury attorney that is familiar with the jurisdiction in which the accident took place.

If you are not sure whether you are entitled to compensation for your injuries, it is advisable to contact a personal injury attorney. A great legal team can be the deciding factor when it comes to receiving the compensation you deserve.