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