Can I Sue For Whiplash?



The simple answer to this question is yes, it is possible to sue for whiplash. Whether or not you will be successful in your claim depends on a number of factors including state laws, the circumstances of the accident, and the severity of your injury and your losses.

Understanding Whiplash

Although car accidents are the primary cause of whiplash, other circumstances in which whiplash occurs include:

  1. Assault
  2. Sports activities
  3. Work activities

What is Whiplash?

When someone uses the term “whiplash” they are referring to an injury to the soft tissue of the neck caused by a sudden jerking motion. The injury itself is technically considered a sprain.

If you are not sure whether or not you have whiplash you need to be seen by a doctor. Common signs of whiplash include:

  1. Neck pain
  2. Shoulder pain
  3. Back pain
  4. Headache
  5. Dizziness

Suing For Whiplash

Getting compensation for whiplash injuries will depend largely upon the laws in your jurisdiction. For example, if you live in a no-fault state and your medical expenses do not exceed a certain dollar amount (set by the state), then it is not likely that your lawsuit will be successful.

If your state laws do allow you to sue for whiplash injuries, you will need to prove the extent of the other party’s negligence, the extent of your injury, the amount of your lost wages, and other details.

Hiring a Personal Injury Attorney

If you plan on suing another party for your whiplash injuries, it is advisable to consult a personal injury attorney. He or she will know what medical documentation the judge will want to see, how to calculate your lost wages, medical bills, and the amount of compensation to request. They will also know the laws that specifically pertain to your state and how those laws will affect your personal injury lawsuit.