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Can You Sue for Whiplash From a Car Accident in Los Angeles, CA?

Whiplash is neck strain that usually results from a car accident. Strains on the tendons and muscles occur when the forces of the crash move the head and neck forwards or backwards.

The Mayo Clinic reports that the top three causes of whiplash injury are auto accidents, physical assault and contact sports.

Have you or someone you know suffered a whiplash injury or other soft tissue injury in LA? The skilled Los Angeles car accident attorneys  at El Dabe Ritter Trial Lawyers can help.

Who’s Liable for a Whiplash Injury in a Car Accident?

Liability is simply the legal accountability of an individual to another for damages resulting from an accident. California is an at fault automotive accident state. That means the person who’s responsible for causing the crash will be liable for any victim’s injury and related losses.

Following a whiplash injury in a car accident, you need to determine the person who caused the collision. That may be the other driver. However, it might also be other parties like a car manufacturer that sold a faulty part, or roadway maintenance crew.

The person who should have reasonably averted the wreck yet failed to do so, will be primarily responsible for the damages. For instance, a driver that was following your car too closely before the crash will be liable for the damages. An investigation by law enforcement officers, insurance firms, and/or a law firm may help you establish the at-fault party.

Some car accident cases in Los Angeles involve the shared responsibility of more than one party. California is a comparative negligence state, which means that the courts might divide and allocate liability among multiple parties. Even if the whiplash victim contributed to the accident, he or she might still be eligible for compensation according to the pure comparative fault laws. Given that you caused the collision is California, your insurer might still cover damages resulting from a whiplash injury.

How Long After A Car Accident Can You Suffer Whiplash?

Many car accident victims experience whiplash symptoms as soon as the collision happens. The symptoms may include:

  • A feeling of tightness in the neck
  • Knotted muscles
  • Pain when you move your neck
  • Stiffness
  • Poor range of motion
  • Tenderness
  • Headache

After an accident occurs, pause for a while to check if you have any injuries. If you notice any of the above symptoms, do not move your neck until the paramedics come. Moving in the wrong direction may worsen a whiplash.

It’s possible to have delayed whiplash symptoms. Some patients do not notice symptoms until a couple of hours after the crash. That can occur, because of the adrenaline from the accident, or how the neck muscles and tendons sustain the injury.

It’s essential to take care after an auto collision, even if you feel that you don’t have an injury. Notify the police about not being sure about the existence of an injury. Visit a medical facility immediately for a proper checkup. Note that saying you don’t have injuries at first may make it harder to obtain compensation if you notice symptoms later.

A Los Angeles car accident lawyer can help you to determine whether you can sue for a whiplash injury. The attorney can also help you calculate our possible compensation. Call the El Dabe Ritter Trial Lawyers for an initial consultation.