Can I File a Personal Injury Lawsuit If I Suffered Serious Whiplash?

A common occurrence in car accidents, “whiplash” is an injury due to a sudden back-and-forth flexion of the neck. While soft tissue injuries appear to be minor since they lack any visible damage to the body, they can be quite painful and disruptive. If you suffer a serious whiplash injury caused by a negligent driver, you may be eligible to recover financial compensation through a personal injury claim.

However, it is imperative to understand that Pennsylvania is a “no-fault” car insurance state. This means that no matter who is at fault for a car accident, anyone who has been injured must first rely on his or her own insurance company to obtain compensation for injuries and lost income.

To make matters more complicated, the state is technically a “choice no-fault,” meaning that purchases of a car insurance policy have the option of choosing between “limited tort” and “full tort” coverage. If “limited tort” is chosen, injured drivers and passengers are restricted from suing anyone unless the accident caused “serious injury,” which is often more severe than soft tissue injuries such as whiplash.

Serious injury is considered one that involves serious impairment of a body function or permanent disfigurement. Unless your whiplash injury results in long-term consequences, it may be difficult to file a personal injury lawsuit.

For more information, contact our Philadelphia personal injury attorney at Golomb Legal, P.C. today.