In Pennsylvania, you can sue for whiplash after a car accident caused by another person’s negligence. Because of the complexities of Pennsylvania’s insurance laws, however, it’s never a good idea to attempt to do so alone.
By hiring an experienced Reading car accident lawyer, you have a better chance of receiving the compensation you deserve. Your attorney will be able to demonstrate how the accident occurred and help you seek just compensation.
Symptoms of Whiplash After a Car Accident
Whiplash occurs when an accident victim’s head shifts back and forth forcefully, straining the muscles of the neck. It’s common in rear-end car crashes, but the rapid deceleration involved in any vehicle collision can potentially cause it. Whiplash can occur to anyone, regardless of age.
Typically, the symptoms of whiplash don’t manifest immediately after you suffer the injury. They can take hours or days to build to the point where they cause pain.
When symptoms begin, you may experience:
- Neck pain and stiffness
- Blurred vision
- Headaches
- Fatigue
- Dizziness
- Ringing in your ears
- Concentration problems
- Tingling or numbness in your arms
- Loss of range of motion in the neck
The pain and stiffness can be enough to impact your daily life. It’s vital to get medical care as soon as possible, even if you already suspect you have whiplash. Sometimes, spinal injuries can have similar symptoms, and not getting care for these injuries right away can put your health and mobility at risk.
Suing for Whiplash in Pennsylvania
Pennsylvania is one of only a few states that follow “choice no-fault” laws. This means drivers have the option to choose between full-tort and limited-tort insurance.
Full-tort insurance functions like insurance in a fault-based system. If you can prove that the other party was negligent and that they caused your injuries, you can file a claim against them. You can do this no matter what type of injury you sustained.
That’s not the case with limited-tort insurance. If you went with this option, you would file a claim with your own insurance company to recover your losses.
You don’t need to demonstrate fault with limited-tort insurance because it functions just like no-fault insurance. Your coverage will reimburse you for your medical expenses and a percentage of your lost wages, but only up to your policy limit.
If you sustain more serious injuries, limited-tort insurance likely won’t be enough. This is when most people begin asking, “Can I sue for whiplash from a car accident in Pennsylvania?”
You may be able to step outside of limited-tort insurance and pursue a claim against the other party if your injuries are severe and your losses exceed your coverage limit.
In some cases, you may also be able to sue other parties without following the standard insurance laws. For example, if your accident occurred because of a brake failure, you could file a product liability claim against the manufacturer.
Whether you have full- or limited-tort insurance makes no difference in this case. The same would be true if the accident were the result of road conditions or other premises liability issues.
Outside of product liability cases, which follow strict liability laws, you’ll have to prove that the other party was negligent if you decide to pursue a fault-based claim. This means showing that they breached their duty of care toward you and that their conduct led to injuries for which you can be compensated.
Factors That Will Affect Compensation
A number of factors can influence the amount of your whiplash injury settlement, including the following:
The Severity of the Injury
One of the most important factors is the severity of your injuries. Most people think of whiplash as a minor injury, but it can cause severe pain and immobility that affect daily living. The most extreme cases can give rise to chronic pain and may require extensive medical care.
Medical Expenses
Your medical expenses, including any rehabilitative services you require, will also play a role in determining the compensation you receive. Some whiplash injuries may necessitate a few rehab sessions, while others could require ongoing therapy and even emergency room visits to ensure that the pain doesn’t point to spinal or brain injuries.
Reaching maximum medical improvement could take a long time and require extensive care. Your compensation should cover all of your treatment.
The Impact of the Injury on Your Life
Another key consideration is the impact the injury has on your life. For those who are very physically active, for example, having neck pain or stiffness could mean having to forgo favorite activities. If you must alter your lifestyle to accommodate the injury, that can mean higher compensation.
Lost Wages
Particularly severe whiplash injuries could lead you to miss days of work or not be able to work in the same capacity as before. Your lawyer will calculate your lost income and earning potential to ensure that those losses are addressed.
Calculating lost wages typically involves taking your average wages from recent months and considering your career trajectory. Your attorney will make it easier to understand how much you would miss out on if you don’t receive assistance via compensation.
Pain and Suffering
Your physical and emotional pain and suffering can also influence the damages you receive. The worse the injury and the more distress it causes, the higher your payout is likely to be.
Comparative Negligence
Finally, the insurer or judge will look at whether you had any part in causing the crash. If you have full-tort insurance or opt to pursue a lawsuit outside of your limited-tort coverage because of the severity of your losses, it will be necessary to determine whether you contributed to the accident.
Pennsylvania operates under a modified comparative negligence system that allows injury victims to seek compensation, provided they bear no more than 50% of the fault for the initial accident. However, your compensation will be reduced accordingly.
If you’re found to be 15% at fault for the crash, for example, your ultimate award would be reduced by 15%. If you were more than 50% at fault, you would lose your right to pursue damages altogether.
The Danger of Hidden Injuries After a Car Accident
Some injuries will be obvious after a collision. You may have cuts, bruises, or broken bones that cause immediate pain. However, other types of damage can take days to show symptoms. If you don’t get the care you need right away, the problem could get worse.
Muscle strains, including whiplash, fit into this category. You may not feel any discomfort for hours or even days, and by that time, you may have already missed the chance to treat the injury early. You may also continue performing tasks that put strain on the injury without realizing it.
Soft tissue injuries of all types can take time to appear. And some major injuries, such as spinal cord damage, could also present the same kinds of symptoms at first. Not getting prompt treatment could mean not addressing potentially catastrophic harm.
Schedule a Consultation With Our Pennsylvania Personal Injury Attorneys Today
If you’ve sustained an injury in a car accident because of another party’s negligence, filing a claim can give you the chance to recover your losses. It’s important to consider how hiring a personal injury lawyer can help you.
The skilled legal team at Wilk Law Personal Injury & Car Accident Lawyers brings over a decade of experience and dedication to each claim we oversee.
We’ll start the process by carefully evaluating your case and investigating the accident to gather crucial evidence. Using this information, we can then negotiate with the insurance companies to pursue fair compensation on your behalf.
In situations where disputes make a settlement impossible, it may be necessary to take your case to trial. Our lawyers can assert your rights and help you get the assistance you need to cover your medical expenses and other losses.
Locations where we have helped victims of whiplash as a result of auto accident injuries include Reading, West Chester, Philadelphia, Coatesville, Kennett Square, Phoenixville, Valley Forge, Exton, Devon, and more.
Contact us today to schedule a free, no-obligation consultation with a qualified personal injury attorney.
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