When you enter a vehicle with someone, you entrust them with your safety. In an automobile accident, passengers are just as susceptible to injury as drivers. Many passengers, however, are unaware that they may be entitled to compensation for their injuries in the event of an accident. As a passenger, being injured in a car accident can be a confusing experience. The no-fault car insurance system in Pennsylvania can be difficult to understand and navigate. You might be concerned about pursuing legal action against your friend or family member who was driving or wondering whose insurance company will cover your medical expenses.

Whiplash is one of the most frequently reported injuries following a car accident, particularly in front-end and rear-end collisions, and can happen at low speeds. Several hours or days may pass after a car accident before you realize your neck and spinal vertebrae have been injured. In spite of the fact that these injuries may not appear severe at first, they can rapidly become serious if left untreated. Some patients can recover from whiplash within a few weeks or months, while others experience chronic neck discomfort, stiffness, headaches, and additional complications.

Below you will find information on whiplash as well as filing a car accident claim as a passenger in Pennsylvania.

Symptoms of Whiplash are Frequently Not Visible and Can be Chronic

Whiplash is a soft-tissue injury with symptoms that can manifest immediately after an accident or as time goes on. The symptoms of whiplash vary and are not always visible, such as bruising and broken bones. That does not mean that whiplash effects are not excruciating or do not require treatment or therapy to heal.

The possible signs of a whiplash injury are the following:

• Neck pain/discomfort and stiffness that worsens with movement
• Neck range of motion impairment
• Headaches, generally starting at the base of the skull.
• Fatigue
• Dizziness
• Shoulder, upper back, and arm sensitivity, pain, tingling, and nerve pain
  

When the impact misaligns the vertebrae, some of the most severe symptoms of whiplash are triggered. When this happens, injured victims may experience significant impairments, such as blurred vision, difficulty concentrating, sleep problems, and depression.

Long-term whiplash injuries are especially prevalent among victims of severe car accidents who may also sustain other neck and spine injuries, as well as those who may have a pre-existing neck condition. In fact, according to one study, individuals with severe whiplash are likely to still be suffering from the injury a year later.

Remember that the longer your injury persists, the more complicated your claim will become. Consult with a PA car accident attorney to evaluate your case and advise you on your legal options. Settlement amounts for long-term injuries are typically greater, so negotiations and the legal process can be complex.

Medical Treatment is Crucial For Establishing Your Whiplash Claim

Seeking medical care is one of the most essential steps you can take after a car accident. If you did not seek treatment immediately following the accident, you should visit your doctor's office or a local clinic as soon as possible to have your symptoms evaluated. Not only will medical treatment initiate the healing process, but it will also provide evidence of your injuries if you file a car accident claim.

Insurance companies are in the industry of risk mitigation and claim reduction. If you are unable to provide evidence of your whiplash injuries and subsequent remedies, the insurance adjuster will deny or reduce the value of your claim.

The average settlement for a whiplash injury sustained in a car accident is determined by the total value of your medical expenses, lost wages, and intangible losses, such as pain and suffering. In order to determine the complete expected medical prognosis for whiplash victims suffering from long-term effects, the claims process may take longer. If you resolve too soon, you risk not receiving compensation for future medical expenses or lost wages resulting from the ongoing care you require.

Liability for Passenger Injuries in a PA Car Accident

Liability is complicated and will vary based on the specifics of your accident. If another vehicle is involved in an accident in Pennsylvania, regardless of who is at fault, you should first refer to your own auto insurance policy for financial protection. Typically, no-fault insurance compensates for economic damages, such as vehicle repairs or lost wages, but not always for severe physical injuries and/or emotional distress.

In the event of a two-car collision, additional factors must be considered before filing a lawsuit. Any motorist in Pennsylvania would have full tort or limited tort coverage. Both types of insurance are applicable when the other vehicle is at fault and a passenger is injured. Although limited tort insurance is less expensive, it only covers catastrophic injuries that are irreparable, such as death or significant disfigurement. As a result, insurance companies are able to deny claims that do not meet this standard, despite the fact that a passenger may have sustained severe physical or mental injuries.

Alternatively, if you believe that the driver with whom you shared a vehicle was solely responsible for your injuries, you may be required to resolve your claim directly with that driver. If the driver is a family member, the driver's insurance policy may include a provision that covers injuries to family members.

In order to determine the full extent of your injuries prior to filing an insurance claim, it is imperative that you seek immediate medical attention. You may have suffered an injury that will develop over time. After receiving medical treatment, you can seek compensation from the negligent driver's insurance policy.

It may be wise to file a lawsuit if the negligent driver's insurance coverage does not completely cover your injuries.

Filing a Claim For Damages in a Pennsylvania Car Accident as a Passenger

You can seek compensation for lost wages, medical expenses, and more if you were a passenger in a vehicle involved in an accident in Pennsylvania. It may be hard to imagine, but you may need to file a claim against a friend for causing a serious accident that left you seriously injured. However, obstacles may arise when pursuing compensation for your injuries. For example, if you are related to the driver, his or her insurance policy may include a provision that compensates family members and other passengers injured in a collision involving their vehicle.

If you decide to sue the other driver, the other driver's insurance company may attempt to minimize your injury claim. They may attempt to do so by claiming that the driver in your vehicle was responsible for the collision and that you should seek compensation from them.

If you are having trouble determining the appropriate party to file a claim against, consult with an experienced Pennsylvania car accident lawyer. Brandon J. Broderick can help you decide whether to file a claim for personal injury against one or multiple parties. If you were injured in a car accident as a passenger with an Uber or Lyft driver, their insurance company may compensate you.

Statute of Limitations in Pennsylvania for Car Accident Injury Claims

Pennsylvania's statute of limitations for personal injury claims is found in 42 Pa. Cons. Stat. § 5524. According to this statute, you have two years to file a personal injury action to recover damages for your injuries or the unlawful death of a loved one caused by the negligence or misconduct of another.

If a government entity is responsible for your injury accident, the statute of limitations is significantly different.

In accordance with 42 Pa. Cons. Stat. § 5522, individuals who intend to file claims against the government must submit notices within six months of the accidents. If you fail to provide the required notice, it is likely that any future lawsuit you file against the government will be dismissed. 

The statute of limitations starts to run on the date the injury or accident happened. If you have been injured as a result of the actions or negligence of a third party, you have two years to file a civil complaint and the other required documents to initiate a lawsuit. If you ignore the deadline, your lawsuit will be dismissed.

Let Brandon J. Broderick Assist You With Your Whiplash Injury

Accident victims are not required by law to be represented by an attorney when filing a personal injury claim. However, working with an experienced attorney who is familiar with whiplash injury claims can have a significant impact on the outcome of your case. Why take the chance of being compensated unjustly when you have no recourse? When you retain a car accident attorney from our firm, you pay nothing upfront. We only collect payment for our services if we win your case. If we lose, you do not pay.

Contact attorney Brandon J. Broderick today for a free consultation. With our track record of success and dedication to client care, we can help you recover from your setback.