Rear-end accidents are among the most common kinds of car accidents. They are also among the leading causes of whiplash. Whiplash is an injury to the neck caused by the “whipping” motion that occurs when your car is struck from the back, quickly propelling you forward, before you are restrained by your seatbelt, jerking you back. Because the neck is connected to the spine and skull, it’s an incredibly vulnerable area susceptible to serious injury. If you have suffered a whiplash injury due to a rear-end accident there may be legal avenues available for you to recover which we’ll discuss more here.
Bringing a Lawsuit for Whiplash
A personal injury lawsuit is generally the best option for recovery when it comes to whiplash injuries. In order to have standing to bring a personal injury lawsuit, however, there are certain criteria that need to be established. Importantly, the other driver must have been responsible for causing the accident due to negligence, and their negligence must be the direct cause of your injury. Negligence can be anything that causes them to breach the general duty of care owed to you and other drivers on the road. This can include things such as speeding, driving under the influence, driving distracted, or violating other traffic laws. Additionally, your whiplash injury must be supported by medical bills or other financial damages, such as lost wages. An injury alone, without financial harm, is insufficient to bring a personal injury lawsuit, since its entire function is to make the victim of an accident financially whole again.
What is a Whiplash Claim Worth?
The value of your whiplash claim can vary due to a number of factors, including the total amount of your medical bills, as well as the permanence and severity of your injury. Economic damages, such as medical expenses, lost wages, and any costs incurred as a direct result of the accident, can be reimbursed through a personal injury lawsuit. This kind of lawsuit also allows you to pursue compensation for pain and suffering. While these damages cannot be determined based on receipts like economic damages, they are not entirely subjective. Pennsylvania courts generally use a formula that relies on the total amount of economic damages as well as how permanent and severe the injury is. Less permanent and severe whiplash injuries can result in settlements ranging from $10,000 – $100,000, while permanent and severe whiplash injuries that impair someone’s ability to work or perform daily tasks, can be over $1,000,000. The best way to get an accurate idea of the value of your claim is to talk to a Pennsylvania personal injury attorney.
Contact the O’Donnell Law Offices
If you are suffering from whiplash or other injuries caused by a Pennsylvania car accident that was not your fault, our lawyers want to hear from you. Schedule a free initial consultation with the personal injury attorneys at the O’Donnell Law Offices serving clients in Kingston, Wilkes Barre, Hazleton and Pittston at 570-821-5717 or online today. There is no fee or costs until we win your case.