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Can I Sue if I Get Whiplash from a Car Accident?

Home » FAQs » Can I Sue if I Get Whiplash from a Car Accident?

Can I Sue if I Get Whiplash From a Car Accident?

You can sue if you get whiplash from a car accident someone else caused. You will have to prove that another driver’s actions caused your injury. Whiplash is a painful injury that can leave a person with chronic pain, weakness, and loss of function. 

If you sustain a whiplash injury after a car accident, do not panic. A car accident lawyer at our firm is ready to get to work for you. We can explain how the legal process works, find you medical treatment immediately, fill out case paperwork for you, and file your lawsuit. You deserve time to recover from your accident while our team does all the work necessary for building your case. 

At Domingo Garcia, our car accident attorneys can send you to doctors and clinics that will immediately treat your whiplash and wait for payment until your car accident case settles.

You Can Recover Damages if You Sue for a Whiplash Car Accident

You can recover damages when you sue the party that caused your whiplash injury. Recoverable damages in whiplash cases can include:

  • Medical expenses: These expenses can include the cost of the ambulance, emergency room, hospital, doctors, imaging studies, x-rays, diagnostic procedures, lab work, physical therapy, and pain management.
  • Ongoing medical treatment for your wounds: For example, a person with chronic pain and decreased range of motion from a whiplash injury might need ongoing physical therapy and prescription medications. In more serious cases, surgery may be necessary.
  • Lost income: You might need to take time away from your job during your recuperation. If you did not receive your regular amount of income during that time, you can demand compensation in a lawsuit. 
  • Reduced earning capacity: Sometimes people have to decrease their working hours or take a lower-paying position if they suffer from chronic pain, weakness, decreased range of motion, or loss of function because of this neck injury. 
  • Non-economic damages: Pain and suffering, mental anguish, loss of enjoyment of life, impairment, and scarring and disfigurement are compensable after a car accident.  

When you talk to your personal injury attorney about your whiplash injury, be sure to mention all the ways your injury affects your life. 

There Is a Filing Deadline for Whiplash Injury Lawsuits

You do not want to wait too long before filing a lawsuit against the negligent party who caused the collision that injured you. You generally have two years to sue for a whiplash injury per Texas Civil Practice and Remedies Code § 16.003. If you do not file your lawsuit before the deadline passes, you lose the right to seek compensation from the at-fault driver. 

You do not have to keep track of the statute of limitations or other procedural issues if you hire a personal injury attorney to handle your case. An attorney from our firm will answer your questions and make sure you are aware of the filing deadline that applies to your case. 

An Overview of Whiplash Injuries

Mayo Clinic explains that “forceful, rapid back-and-forth movement of the neck, like the cracking of a whip,” can cause the neck injury known as whiplash. Other names for whiplash include “neck sprain” or “neck strain,” but those terms can also describe other types of neck injuries. Mayo Clinic says that rear-end car accidents are a common cause of whiplash. 

More serious forms of whiplash result in disc herniations that can require pain management injections or even surgery.

Symptoms of Whiplash from a Car Accident

If you develop any of these symptoms within hours or days of a car accident, you might have whiplash:

  • Headache, usually originating at the back of the head, particularly at the base of the skull
  • Pain and stiffness in the neck
  • Moving your head makes the pain worse
  • Decreased range of motion in the neck or when turning your head
  • Pain or soreness spreading down into your shoulder, arms, or upper back 

You should seek prompt medical attention if you have any injury from a collision, including a possible whiplash injury. 

Complications of Whiplash Injuries

For many whiplash injury victims, appropriate medical intervention can help them start to feel better within weeks. Often, they can resume their usual activities within a few months. 

Some people, however, suffer chronic pain in their neck, shoulders, or upper back for months or even years after the accident. If your symptoms were severe starting shortly after the collision, you could develop chronic pain or suffer a disc herniation that requires surgery. Also, people who had previous whiplash injuries, are older, already have neck or low back pain, or got involved in a high-speed crash are more likely to experience prolonged neck pain.   

Contact Our Team After You Suffer Whiplash from a Car Accident

Our car accident team knows how to hold liable parties accountable for the injuries they cause. If you receive a whiplash diagnosis after a car accident that you did not cause, you can sue the at-fault party. 

A lawyer from our firm will build a solid case on your behalf and handle all the details of your case. Reach out to us today for a free initial consultation.

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    Meet Domingo

    Attorney Domingo Garcia has led an active civic, legal and political career. He was born in Midland, Texas and grew up in Dallas, Texas. He received his B.A. in Political Science from the University of North Texas in 1980.

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