Can You Sue for Whiplash? A Guide for Philadelphia and Moorestown Residents

Whiplash is a common injury, especially in car accidents. If you’ve experienced whiplash, you might be wondering if you can sue for compensation. This guide covers everything you need to know about whiplash injuries, lawsuits, and settlements, specifically for residents in Philadelphia and Moorestown. With insights Mattiacci Law, you’ll learn how to protect your rights and get the compensation you deserve.

What is Whiplash?

Whiplash occurs when the neck is suddenly forced back and forth, like the motion of a whip. This injury often happens in rear-end car accidents. Common symptoms include neck pain, stiffness, headaches, and sometimes dizziness. It can also cause nausea, fatigue, and difficulty concentrating.

Can You Sue for Whiplash in a Car Accident?

Yes, you can sue for whiplash if the injury was caused by another driver’s negligence. To have a valid claim, you must prove that the other driver was at fault. For instance, if they were speeding, distracted, or violating traffic laws, this could establish their liability. In Pennsylvania and New Jersey, you have a limited time to file a lawsuit, known as the statute of limitations. Typically, this period is two years from the date of the accident.

Factors That Affect Whiplash Settlements

Settlements for whiplash can vary widely. Several factors influence the amount you might receive:

1. Severity of Injury: More severe cases, such as those requiring physical therapy, often lead to higher settlements.
2. Medical Expenses: Costs for treatment, including physical therapy, medication, and doctor visits, are critical components of your claim.
3. Lost Wages: If whiplash prevents you from working, lost income can be included in your claim.
4. Pain and Suffering: This compensates for the emotional and physical distress caused by the injury.

Local case examples from Philadelphia and Moorestown show settlements can range from a few thousand dollars to much larger amounts, depending on these factors.

Comparison of Whiplash and Concussion Symptoms

Symptom	Whiplash	Concussion
Neck Pain	Common	Rare
Headache	Common	Common
Dizziness	Possible	Common
Nausea	Possible	Common
Memory Loss	Rare	Common
Fatigue	Common	Possible
Sensitivity to Light	Rare	Common
Treatment	Physical therapy, rest	Cognitive rest, monitoring

Does Whiplash Cause Nausea?

Yes, whiplash can cause symptoms beyond neck pain. Nausea, dizziness, and blurred vision are possible, especially if the injury affects the nerves or spine. These symptoms may seem unrelated but are common in severe cases.

Difference Between Whiplash and Concussion

Whiplash and concussion are different injuries, but they can occur together. Whiplash primarily affects the neck and soft tissues. Concussions, on the other hand, are brain injuries caused by a blow or jolt to the head. While both can cause headaches and dizziness, concussions may also result in memory loss, confusion, and sensitivity to light. If you experience symptoms of either, seek medical attention immediately.

Understanding Whiplash Law in Philadelphia and Moorestown

Whiplash lawsuits fall under personal injury law. In Pennsylvania and New Jersey, the law allows victims to seek compensation if another party’s negligence caused their injury. Hiring a lawyer familiar with local laws can significantly impact the success of your case. John Mattiacci of Mattiacci Law is an experienced personal injury attorney who understands the nuances of local whiplash claims. He can help guide you through the process and maximize your settlement.

How to Prevent Whiplash After a Car Accident

While not every accident can be avoided, some measures can reduce your risk of whiplash:

• Adjust Your Headrest: Ensure your headrest is properly positioned. It should be level with the top of your head and as close to your head as possible.
• Wear Your Seatbelt: A seatbelt helps keep your body in place during a collision.
• Maintain Your Proper Posture: Sit upright with your back against the seat. Slouching can increase the risk of injury.

Steps to Take After a Whiplash Injury

1. Seek Medical Attention: Even if symptoms are mild, a medical evaluation is crucial. This ensures proper diagnosis and treatment, which can be pivotal in building your case.
2. Document Everything: Keep records of medical visits, treatment costs, and any work missed due to your injury. This documentation will support your claim and help in determining a fair settlement amount.
3. Consult John Mattiacci at Mattiacci Law: A seasoned local lawyer can assess your case, help you gather evidence, and provide the legal support you need to pursue compensation.

How Mattiacci Law Can Help You Sue for Whiplash

Hiring Mattiacci Law can make a significant difference in your case. With extensive experience in handling personal injury claims in Philadelphia and Moorestown, John knows how to build strong cases, negotiate effectively with insurance companies, and secure the compensation you deserve. By choosing a lawyer familiar with local laws, you’ll have an advocate who can fight for your rights every step of the way.

Frequently Asked Questions

Can I sue if my whiplash symptoms appear weeks later?
Yes, you can sue even if symptoms appear later. Delayed symptoms are common in whiplash injuries. As long as you can prove the symptoms are related to the accident, you have a viable claim. Documentation from medical visits will be crucial in supporting your case.

What if the other driver was uninsured?
If the at-fault driver was uninsured, you might still be able to recover compensation through your own insurance policy. Uninsured motorist coverage is designed to protect you in these situations. A lawyer can help you navigate this process and ensure you receive the compensation you deserve.

How long does a whiplash lawsuit take?
The duration of a whiplash lawsuit varies depending on the case’s complexity. Some cases settle within a few months, while others, especially those that go to court, can take longer. An experienced lawyer like John Mattiacci will work to resolve your case as efficiently as possible while ensuring you receive a fair settlement.

What evidence is needed to prove a whiplash claim?
To prove a whiplash claim, you will need medical records, documentation of lost wages, accident reports, and any witness statements. Photos of the accident scene and damage to your vehicle can also support your case. Consulting a personal injury lawyer can help gather and organize this evidence effectively.

Can I handle a whiplash lawsuit without a lawyer?
While you can handle a claim on your own, having a lawyer greatly increases your chances of a successful outcome. Insurance companies often try to minimize payouts, and a lawyer will advocate for the compensation you deserve. John Mattiacci and his team at Mattiacci Law can handle all aspects of your claim, allowing you to focus on recovery.

Key Takeaways

Whiplash can significantly impact your daily life, causing pain, discomfort, and financial strain. Understanding your legal rights and taking the proper steps after an injury can help you secure the compensation needed for your recovery. If you’ve been injured in a car accident, don’t delay. Contact Mattiacci Law for a free consultation today. Let our expertise guide you in obtaining the compensation you deserve for your whiplash injury.