TL;DR: You can sue for whiplash in a car accident if another driver’s negligence caused your injury and you suffered losses like medical bills, lost wages, or pain and suffering. Whiplash victims are most often drivers or passengers in rear-end collisions, and claims may require prompt medical care and strong evidence to prove liability before legal deadlines expire.
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It is possible to sue for whiplash after a car accident, especially if there is evidence of negligence and losses. Under California law, legal action may be an option if an insurance claim does not fairly address the harm you experienced.
You may be able to pursue a whiplash claim if:
- You suffered losses, such as medical bills, lost wages, and pain and suffering.
- Another party was at fault, and liability can be established.
- Medical or other evidence links the accident to your whiplash injury.
- Insurance negotiations do not fully cover your losses.
That said, filing a lawsuit is not always the first step. Many whiplash claims are resolved through insurance. Civil action is typically considered when a dispute arises over fault, injuries, or compensation.
In these situations, seeking free accident lawyer advice may help you understand whether pursuing an insurance claim or filing a lawsuit makes more sense. Car accident lawyers at the AK Law Firm can discuss your options and explain the claims process. To learn more about how we can assist you, call (888) 488-1391.
Suing For Whiplash After A Car Accident
Approximately three million people sustain whiplash injuries each year. Most of these car accidents were rear-end collisions. In these crashes, the seatbelt restrains your torso, while the sudden force of impact causes your neck to snap backward and forward, potentially leading to neck injuries. If you’ve wondered why your neck might hurt after a car accident, understanding whiplash and related trauma is essential.
You may wonder whether you can sue for whiplash after a car accident. The answer depends on the circumstances. If another party is at fault and you’ve suffered losses, you may be able to pursue compensation.
Most victims begin by filing an insurance claim. However, settlement negotiations do not always result in a fair resolution. If talks stall or liability is disputed, taking the case to court may become an option.
What Makes A Personal Injury Claim For Whiplash Valid?
To pursue a whiplash claim, there must be a legally responsible party. In most personal injury cases, negligence serves as the legal foundation for claims. The following elements should be present in a whiplash case:
- Duty of Care — The other party had a legal responsibility to act with reasonable care to avoid causing harm.
- Breach of Duty — The party failed to meet that responsibility. In rear-end collisions, this can occur when a driver follows too closely and causes the crash. It can also apply if the front driver stops suddenly or brakes carelessly under unsafe conditions.
- Causation — You must show that what the other party did or didn’t do caused the accident and your injuries.
- Damages — You must provide evidence showing that you suffered losses as a result of the accident.
However, other legal theories may also apply to car accident cases involving whiplash. These include:
- Strict Liability — If a product malfunction caused whiplash, you may have a product liability claim. For instance, a defective airbag that deploys with excessive force during a rear-end collision could cause whiplash. In this situation, you do not need to prove negligence. California law can hold the manufacturer strictly liable.
- Negligence Per Se — This rule applies when a defendant breaks a law meant to prevent harm. If that violation leads to an accident and injuries, the doctrine is relevant. Under California law, following another vehicle too closely (“tailgating”) is illegal. Suppose a driver breaks this law. That violation causes a rear-end crash. In this case, the plaintiff generally does not need to prove the driver’s negligence. The violation itself establishes the breach of duty. However, the plaintiff must still prove causation and damages.
Other legal doctrines may apply, depending on the circumstances. Car accident lawyers can evaluate a case to help victims understand if someone is potentially liable for the whiplash injury.
Why Can Victims Pursue An Injury Claim For Whiplash?
Whiplash may appear minor at first. However, its severity can vary widely depending on the circumstances of the accident, and the impacts of whiplash can last far longer than expected. For this reason, you may be eligible to pursue a personal injury claim.
Acute whiplash-associated disorders (WAD) fall into the following categories:
- Grade 0 — No symptoms present.
- Grade I — Physical symptoms absent, but with stiffness or tenderness in the neck.
- Grade II — Symptoms include neck, muscle, and joint pain. Victims may also experience limited mobility and soreness.
- Grade III — Victim reports neck pain along with neurological signs. These include decreased deep tendon reflexes, weakness, and sensory deficits.
- Grade IV — Injuries to the spinal cord, neck discomfort, or both.
In the past, soft tissue injuries were difficult to confirm through imaging. This situation made it harder to support whiplash claims with objective evidence. Now, advanced imaging tools, such as CT scans, MRIs, and ultrasounds, can help insurers see soft tissue injuries more clearly.
Given the potential effects of these types of injuries, state law allows victims to pursue damages, including:
- Economic Losses — These are tangible losses that receipts and other documents can justify. Some examples include:
- Past and Ongoing Medical Expenses — These may include costs of urgent care and necessary medical tests. Damages could also cover therapy, pain relievers, chiropractic care, and other doctor-recommended treatments.
- Lost Income or Loss of Earning Capacity — Victims may seek compensation for lost wages due to days away from work. If the whiplash leads to permanent long-term effects, it may limit victims’ ability to perform their jobs. In such cases, they may pursue loss of future income.
- Additional Out-of-Pocket Expenses — Victims may also incur other related costs for their recovery. These can include transportation fees, medical equipment expenses, or costs for alternative care.
- Non-Economic Losses — These damages are more difficult to quantify but are just as significant. Injuries like whiplash could result in long-term or permanent effects, such as:
- Pain and Suffering — Due to possible chronic pain, stiffness, and other temporary or long-term effects of whiplash. For many people, figuring out whether there is nerve damage from whiplash becomes part of the recovery process, especially when it exacerbates pain and suffering.
- Emotional Distress — Anxiety, depression, or post-traumatic stress disorder (PTSD) due to the car accident.
- Loss of Enjoyment of Life — Whiplash can limit a person’s ability to engage in activities they once enjoyed. These can include sports, hobbies, exercise, or even simple daily tasks.
If the accident resulted in property damage, victims could also seek compensation for vehicle replacements or repairs. Lawyers who handle car accident claims can assess your case and help you determine the damages you may pursue.
Steps You Can Take To Support Your Whiplash Injury Claim
If you have been in a car accident and are unsure whether you sustained a whiplash injury, taking certain steps can be important. These actions could help protect your well-being and support any potential claim:
- Seek Medical Help — Consult a doctor immediately to receive a proper evaluation and appropriate treatment. Injuries like whiplash may not become apparent shortly after the collision. It may be difficult to justify your symptoms if you don’t get checked right away.
- Call the Authorities — A police officer can create a detailed documentation of the incident. Their official report could help support your claim.
- Document the Scene — Take photos and videos of the scene if you can. Get information from everyone involved in the car accident. If there are any potential witnesses, obtain their contact details. Their accounts of the incident can corroborate your version of events.
- Preserve Evidence — Secure important documents, including bills, treatment records, and costs related to your accident. Don’t forget to account for expenses like physical therapy costs or lost income.
- Notify Your Insurer — Although the at-fault party may cover your losses, it is still important to inform your insurance company. Doing so allows you to access certain benefits while your claim is in progress.
- Contact a Car Accident Lawyer — If your case is complex, such as if multiple parties are involved, a car accident attorney can help. They can evaluate your case to determine its strength and guide you through the process. If seeking compensation gets difficult, they can help sue for your whiplash injury based on your situation.
Thinking, “I need a personal injury lawyer after a car crash,” is a valid concern for most victims. Whiplash can complicate the claims process because it is more challenging to prove. Lawyers who represent car accident victims can help gather crucial evidence and file personal injury claims on their behalf.
When Should You File A Case For Whiplash In A Car Accident?
If you plan to file a lawsuit, it’s essential to be aware of the legal deadlines. Personal injury claims are subject to a statute of limitations, which sets the time limit for filing a claim. In California, injured victims generally have two years from the date of the accident to file a personal injury case. After the deadline, you can lose your right to pursue civil action.
However, there are exceptions, particularly in cases where injuries are not immediately apparent. This “delayed discovery” rule may apply to injuries such as whiplash. In these cases, the time limit usually starts from the date you discovered or should have reasonably discovered your injury, instead of the accident date. An injury lawyer can evaluate your situation and determine the applicable legal deadline.
FAQs About Legal Claims For Whiplash After A Car Accident
Below are some of the common questions about these types of cases. If you have other concerns, you can visit our FAQ page for further information. You can also complete our online contact form to schedule a free initial consultation.
How Much Does It Cost To Hire A Personal Injury Lawyer For Whiplash?
The cost of hiring a personal injury lawyer may vary. It depends on the complexity of the case, the resources required, and the fee structure used by the injury law firm. Most injury attorneys work on a contingency fee basis. Victims do not necessarily have to pay upfront legal fees.
If you’re asking, “Do lawyers only get paid if they win under this fee structure?” The answer is yes. Car accident lawyers only collect attorney’s fees if they are able to obtain compensation on your behalf. A lawyer will discuss this fee arrangement during your initial consultation.
What Are The Factors Influencing The Whiplash Claim Average Payout?
Several factors can impact the potential value of a whiplash claim. These may include:
- Severity of the Injury — Serious whiplash injuries can cause long-term pain, limit movement, or require specialist care. Hospital visits, medication, scans, and ongoing treatment all affect the claim’s potential value.
- Impact on Daily Life — If your injury impacts your work, daily tasks, or activities you used to enjoy, you may include applicable damages in your claim.
- Fault and Liability — Your payout depends on who was responsible for the accident. If the other driver is clearly at fault, your claim is stronger. Shared responsibility may reduce compensation. In California, pure comparative negligence law applies. It allows individuals to pursue compensation even when they are up to 99% at fault. However, any potential award will be reduced by their share of responsibility.
A personal injury attorney can assess your case and calculate its potential value based on available evidence.
When Should I Call A Personal Injury Attorney If I’ve Suffered Whiplash From A Car Accident In California?
Consider consulting a personal injury lawyer as soon as possible after the accident. There is a legal time limit for filing a personal injury claim. Involving an attorney as early as possible allows them to prepare your case thoroughly and gather evidence while it’s still fresh. Some individuals may lose, damage, or find it more challenging to obtain specific types of evidence over time. Furthermore, the reliability of evidence, such as witness statements, can decline as memories fade over time. Legal representation can help address these possible challenges.
If I Feel Fine After An Accident, Can I Rule Out Whiplash?
It is typical for accident victims to falsely assume that they feel fine in the immediate moments following the incident. The adrenaline rush offers brief relief from pain. However, this effect fades over time, which can occur anywhere from a few hours to several days or even weeks later. Victims should consider getting a comprehensive medical assessment.
Discuss Your Whiplash Claim With A Skilled Car Accident Lawyer
Did you suffer whiplash in a car accident? You may have legal options. Our experienced car accident lawyers at AK Law can explain the claims process and review your situation. Our team can assist you in gathering all the necessary evidence. While some cases are straightforward, others, especially those involving whiplash, can be more complex and present unique challenges.
Our injury law firm assists California accident victims with whiplash-related claims. To understand your possible legal options, fill out our “Do I Have A Case?” form or call us at (888) 488-1391. At Arash Law, your initial consultation is free.
