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Can I Sue if I get Whiplash in a Car Accident?

Getting in a car accident is a very scary thing to experience and it is even worse when you or your passengers get injured. There are a multitude of injuries one can sustain from a car accident, today we will discuss whiplash and who you can sue after an accident if you obtained a whiplash injury. So, for starters let us discuss and define what exactly a whiplash injury is and the long and or short-term effects it can have on a person’s health.

What is a Whiplash Injury?

A whiplash injury is a neck injury that is due to a forceful movement of the neck and head itself. Essentially, rapid motion of the neck going back and forth somewhat like a whip is what causes a whiplash injury. Whiplash injuries are very common when one is involved in a car crash, especially one that is a rear end collision at high speeds, either by the vehicle that was hit or the one that rear ended them. They can also occur during physical or sports related activities and other accidents such as slip and fall accidents. Some people will also call a whiplash injury a neck strain or neck sprain, but those entail other types of injuries when that occurs. In order for someone to know if they can sue if they get whiplash in a car accident, we first need to know the symptoms of whiplash, sometimes these symptoms can take days to develop, but they are:

  • Stiffness and pain of the neck
  • Neck pain worsens as one moves it more frequently and often
  • One’s range of motion within their neck is decreased
  • Often, people will develop headaches that start at the base of their skull
  • One will have pain in their upper back, arms or even the shoulders
  • Tingling in their arms
  • Numbness in their arms
  • They feel fatigued
  • Dizziness may occur

Other symptoms that some people experience is:

  • Blurry vision
  • Tinnitus (Or when one has ringing in their ears)
  • Unable to sleep due to neck pain
  • They have a difficult time concentrating
  • Sometime people experience irritability
  • Experience issues with their memory
  • Even depression

If you were involved in an auto accident where you developed any of these symptoms you might be able to sue for a whiplash injury. The first thing you should do beforehand is seek medical attention to ensure a healthy recovery. Afterwards, reach out to a personal injury attorney to see how they can help.

Possible Long-term Complications

After one sustains a whiplash injury, most people get to feeling better within a matter of weeks. But there are those that end up having pain for either months or years depending on the severity of the whiplash injury. It is difficult to determine how a person that obtains a whiplash injury will recover, but it is known that they might have more chronic pain if the first symptoms of the whiplash injury started rapidly and were very intense. Such as:

  • Severe neck pain
  • Pain that spreads from the neck to the arms
  • Or, almost no range of motion of one’s neck.

Also, factors that can influence the injury to link to worst outcomes include, having a whiplash injury before, older age, pre-existing neck pain or lower back pain, and if the accident was at high speeds.

You Obtained a Whiplash Injury in a Car Accident, what are the Next Steps?

  • Call 911 to request a police officer and, if needed, an ambulance.
  • Gather the insurance information of the other driver(s).
  • Say little else to the other driver(s). You don’t need to be rude, but you should remember that every word you say could be used against you when filing a claim.
  • Seek immediate medical attention for any injuries you’ve suffered.
  • Gather contact information of witnesses and take pictures of the scene of the crash, if possible.
  • Contact a car accident attorney as soon as possible.

If you obtained a whiplash injury due to a car accident because someone else’s negligence, reach out to a car accident attorney as soon as you can.

So, Can You Sue if You get Whiplash from a Car Accident?

The answer to this question is yes, if it was the other persons negligence that caused the wreck and triggered the whiplash injury. If this is the case a car accident attorney can help you get the compensation for medical bills and other expenses such as loss of wages due to the fact you cannot work. Call a car accident attorney today for your consultation.

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