Whiplash is a neck injury that commonly occurs as a result of motor vehicle accidents. This condition generally develops when the head is suddenly jolted back and forth, straining the neck’s muscles and ligaments.
While some people recover from whiplash relatively quickly, others experience long-lasting pain, limited mobility and potentially even chronic symptoms that impact their daily life. Because whiplash can lead to significant medical expenses and impact a person’s quality of life, it is often grounds for a personal injury claim.
Proving that damages should be awarded for whiplash
If you have been injured in this way and you are considering whether or not to pursue a whiplash injury claim in California, know you must show that the injury was caused by another party’s negligence or intentional conduct in order to recover damages. Negligence means that someone failed to act with reasonable care, leading to the harm for which you are seeking compensation. For example, if a driver was distracted, speeding or following too closely and rear-ended your vehicle, their actions could be considered negligent.
In California, whiplash injury victims may be eligible for several types of compensation. However, whiplash cases can be challenging to prove, as insurance companies may downplay the severity of this particular injury, labeling it as minor or your symptoms as “necessarily” short-term. This is one of the many reasons why it is a good idea for you to consult with an experienced legal team about how best to move forward in ways that will allow you to benefit from an informed personal injury strategy.