Filing a Lawsuit for Whiplash Due to an Accident

Whiplash is one of the most common injuries after a car accident. In a state like Delaware, where a reportable car crash occurs every 19 minutes, whiplash injuries may be particularly common and serve as the basis for a substantial number of personal injury and car accident claims.

Just because whiplash is common does not mean that it isn’t dangerous. In fact, whiplash injuries can be severe and life-altering, leading to major physical, emotional, and financial strain. Let’s take a closer look at some of the dangers associated with whiplash and explore how an experienced car accident attorney can help car accident victims pursue compensation for common car accident injuries.

What is whiplash?

The Mayo Clinic defines whiplash as “a neck injury that occurs when the head is abruptly and forcefully thrown backward and then forward.” This jerking motion is extremely common in car accident scenarios where a driver must suddenly slam on the brakes or where a car comes into sudden contact with another vehicle or a stationary object.

This motion can strain the muscles, ligaments, and tendons in a victim’s neck and leave them struggling with severe pain and a limited range of motion. While whiplash is commonly associated with rear-end collisions, it can occur in a wide variety of contexts and cause symptoms that vary significantly in severity and duration.

What are the symptoms of whiplash?

Contrary to what some people believe, some cases of whiplash are not immediately obvious after an accident. In fact, it’s not necessarily unusual for whiplash symptoms to appear or worsen over time. A few common whiplash symptoms to look out for after a crash include:

• Neck stiffness
• Reduced range of motion
• Headaches
• Shoulder pain
• Back pain
• Arm pain
• Dizziness
• Blurry vision
• Fatigue
• Trouble concentrating

Due to the varied nature of whiplash symptoms, medical professionals often use a grading system called the Quebec Classification of Whiplash-Associated Disorders to assess the severity of a patient’s whiplash symptoms. These classifications range from 0 to 4 and describe the pain level, physical signs of injury, and neurological impact of a patient’s whiplash. Because whiplash may present differently from patient to patient and can be slow to develop, it’s important to seek a medical evaluation as soon as possible after a crash.

How long does whiplash last?

While many people recover from whiplash within a few days or weeks, others may develop chronic pain or long-term complications. These severe cases of whiplash can seriously impact a victim’s quality of life and require long-term care efforts, including:

• Physical therapy
• Pain management
• Chiropractic care
• Prescription medications
• Long-term rehabilitation

In addition to compromising a victim’s ability to work, socialize, or otherwise return to “normal” after a crash, whiplash symptoms and treatment protocols can come at particularly high financial costs. When the cost of recovery or rehabilitation proves too burdensome, many injured victims and their loved ones find themselves weighing their legal options for compensation.

Can I sue for whiplash?

The short answer is: It depends. If your whiplash was caused by another driver’s negligence, you may have grounds to file a personal injury lawsuit. Under Delaware law, this means the injured party must be able to prove by a preponderance of evidence that the alleged at-fault party:

(a) owed you a legal obligation to act in a reasonably safe manner;

(b) the at-fault party failed to meet that duty of care;

(c) the breach of duty was the cause of the whiplash; and

(d) you suffered actual harm or losses.

Generally speaking, victims must be able to provide a significant amount of documentation, photographic/video evidence, and eyewitness testimony that supports their version of events in order to prove another motorist was negligent. Personal injury attorneys often play a vital role in gathering and making sense of this supporting evidence in order to help their clients build comprehensive claims.

Many car accident cases are settled via insurance negotiations, but there are certain situations in which a lawsuit may be necessary to ensure a whiplash victim receives the full amount of compensation they are owed. When this happens, a personal injury attorney can serve as the lifeline between victims and the legal system and represent clients in court if the situation requires that they do so.

Damages available in a whiplash lawsuit

As we’ve discussed, whiplash injuries can lead accident victims to incur a wide variety of financial and personal losses. Car accident claims are intended to help victims recover compensation for some of these losses in order to offset the long-term damage caused by their accident. Some examples of economic and non-economic damages commonly sought in personal injury cases include:

• Medical bills
• Lost wages
• Reduced earning capacity
• Long-term care costs
• Therapy costs/expenses
• Pain and suffering
• Emotional distress

In some cases involving willful conduct or particularly reckless behavior, the court may order the at-fault party to pay punitive damages intended to punish them for their actions. Delaware does not generally impose a cap on economic, non-economic, or punitive damages in personal injury cases, so it is up to victims and their legal teams to decide how much compensation makes sense in their case.

Challenges in whiplash claims

Despite having very real consequences, whiplash injuries often get a bad rap in the world of car accident claims. Many people automatically assume that claims of whiplash are made up or overblown, which can lead insurance companies to undervalue or deny claims without just cause. That’s why it’s particularly important for accident victims to seek medical attention as soon as possible after a crash.

Delaying or avoiding medical evaluation can lead insurance companies to claim that your injuries were not actually serious or did not occur at all. By seeking medical assessment, you can avoid these conflicting claims and strengthen your case with documentation and other supporting evidence.

Another common challenge in car accident claims is the fact that Delaware uses a modified comparative negligence system when assessing fault for a crash. Under this system, any compensation you receive for accident-related losses may be reduced if it is determined that you were partly at fault for your own injuries. In practice, that means that if the court finds that you were 20% responsible for your own crash, your damages will be reduced by 20%. You cannot recover if you are more than 50% at fault.

Final thoughts

While it might be tempting to assume that whiplash isn’t as serious as other accident-related injuries, the reality is that this condition can have a significant impact on the physical, emotional, and financial well-being of car accident victims and their loved ones. Between physical discomfort, changes in routine, and the financial cost of these injuries, whiplash can leave Delaware accident victims wondering where to turn and how to move on after a crash.

At Silverman, McDonald & Friedman, we understand that all injuries deserve to be handled with care. We understand the standard toolkit insurance companies use to deny car accident claims and know exactly what it takes to help injured victims fight for the justice they deserve.

If you’ve recently suffered whiplash as a result of a Delaware car accident, give us a call today or fill out our contact form to schedule a free consultation with a member of our team. We are standing by to learn more about your accident and give you the knowledge and support you need to make an informed decision about how to proceed in your claim for compensation.