Can I Sue for Whiplash After a Car Accident?

Whiplash Injuries in Mississippi

Experienced legal help when you suffer whiplash in Mississippi

Being in a car accident can turn your life upside down in an instant. Even if the crash seemed minor and your car isn’t totaled, your body can still suffer serious injuries, especially to your neck. One of the most common accident-related injuries in Mississippi is whiplash. While some people recover quickly, others experience pain, stiffness, headaches, and fatigue for weeks or even months. At Merkel & Cocke, P.A., we know that whiplash is more than just a sore neck. This type of injury can interfere with your ability to work, care for your family, and enjoy daily life. We’re here to help.

How can we help?

Why should I call Merkel & Cocke, P.A. if I have whiplash?

If you’ve been diagnosed with whiplash after a car accident in Mississippi, you may already be hearing from the other driver’s insurance company. Unfortunately, adjusters often try to minimize whiplash claims, saying they’re “just soft tissue injuries.” But the reality is, whiplash can cause severe pain, limited mobility, and long-term health issues.

The whiplash accident lawyers at Merkel & Cocke, P.A. have years of experience helping Mississippi accident victims just like you prove how serious their injuries are. Whether at the negotiating table or in the courtroom, we do the work, meeting with medical experts, gathering the evidence needed to show your injury’s impact on your life, and fighting for full and fair compensation.

What is whiplash?

Whiplash is an injury to the neck. It’s caused by a rapid, forceful back-and-forth movement of the head, like the cracking of a whip. This whipping motion can stretch or tear muscles, tendons, and ligaments in the neck and upper back. Most whiplash injuries are the result of rear-end car accidents, but they can also happen during sports accidents, falls, or physical assaults.

How common is whiplash? Who is most vulnerable?

Medical research estimates that one million whiplash injuries occur each year in the United States. Here in Mississippi, where roads like I-55, I-20, and Highway 82 see frequent collisions, whiplash is a highly reported personal injury.

Certain people are more vulnerable to whiplash, including:

  • Older adults, as muscles and connective tissues lose flexibility with age
  • People with prior neck or back problems, who may already have reduced mobility
  • Women and smaller-framed individuals, due to differences in neck structure and muscle mass

What causes whiplash?

Common causes of whiplash in Mississippi include:

  • Rear-end collisions on city streets and highways
  • Sudden braking to avoid an accident
  • T-bone crashes at intersections
  • Sports injuries from contact activities like football or soccer
  • Falls or assaults where the head is jolted suddenly

What are the signs and symptoms of whiplash?

Neck pain is the most common symptom of whiplash. It can feel sharp, throbbing, or stiff, and often worsens when turning your head. Other symptoms include the following:

  • Limited range of motion
  • Headaches starting at the base of the skull
  • Shoulder or upper back pain
  • Tingling or numbness in arms or hands
  • Dizziness or balance issues
  • Fatigue and difficulty sleeping
  • Trouble concentrating or memory lapses

Can whiplash symptoms be delayed?

Yes. It’s common for symptoms to appear several hours or even days after the accident. Post-crash adrenaline and shock can mask pain, which is why you should always get a medical evaluation right away, even if you feel fine.

How long does whiplash last?

While some people may recover in a few weeks, others experience symptoms for months or even years. Chronic whiplash can lead to ongoing pain, limited mobility, and reduced ability to work or enjoy normal activities.

How is whiplash treated?

Classifications for whiplash range from mild (Grade 1) to severe (Grade 4). The higher the grade, the more likely it is that it will involve joint injuries, nerve damage, or herniated discs.

Doctors may proscribe the following treatments for whiplash:

  • Rest and modified activity
  • Ice or heat therapy
  • Anti-inflammatory medications or muscle relaxers
  • Physical therapy and stretching exercises
  • Chiropractic adjustments
  • Pain management injections or, in rare cases, surgery

Following your doctor’s treatment plan is key to your recovery, as well as documenting your injury for your legal claim.

Mississippi’s comparative negligence rule: What you need to know

Mississippi uses a pure comparative negligence system. This means you can recover damages even if you were partly responsible for the accident, but your percentage of fault will reduce your award.

Here’s an example: If you’re awarded $100,000 but found 30% at fault, you’ll receive $70,000. Insurance companies know this rule well, and they may try to increase your share of fault to lower your payout. Having a lawyer from Merkel & Cocke, P.A. helps protect your rights.

Types of damages you may be able to recover

In a Mississippi whiplash injury case, you may be entitled to compensation for:

  • Medical bills (past, present, and future)
  • Lost wages and loss of future earning potential
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Rehabilitation and therapy costs

The whiplash injury lawyers at Merkel & Cocke, P.A., fight for every dollar you deserve.

Evidence you will need for your case

Strong evidence supports your claim and increases your chance of a fair settlement:

  • Medical records and imaging (X-rays, MRIs, CT scans)
  • Doctor’s notes detailing diagnosis and treatment
  • Photos of the accident scene and vehicle damage
  • Police accident reports
  • Witness statements
  • Your own written record of symptoms and limitations

Reasons to hire a Mississippi whiplash accident lawyer

There are a variety of good reasons to hire a skilled whiplash accident lawyer for your case. For example:

  • Insurance adjusters often undervalue whiplash claims.
  • Whiplash doesn’t show up like a broken bone, so medical evidence and expert testimony are important.
  • Mississippi has a three-year statute of limitations for personal injury claims.
  • We know how to calculate both economic and non-economic damages.

Can I sue for whiplash from a car accident?

Yes. If someone else’s negligence caused your accident and injury, you can file a lawsuit in Mississippi. To win your case, you’ll need to show:

  1. The other driver owed you a duty of care.
  2. They breached that duty (e.g., by speeding or distracted driving).
  3. That breach caused the accident and your injury.
  4. You suffered measurable damages.

You can seek both economic damages (like medical bills) and non-economic damages (like pain and suffering) for your injuries.

Frequently asked questions

Is it worth suing for whiplash?

Yes, especially if your symptoms affect your ability to work or your quality of life. A lawsuit can help cover medical costs, lost income, and more.

What is the average payout for whiplash?

There’s no set amount. Settlements depend on the severity of your injury, your recovery time, and the strength of your evidence.

How much should a victim of whiplash receive?

It varies widely. Factors can include medical expenses, lost income, and the pain and suffering you’ve experienced.

What evidence do I need to bring a whiplash claim?

Documentation like your medical records, diagnostic imaging, accident reports, witness statements, and other detailed records of your symptoms can all help strengthen your case

Do you have a Mississippi whiplash accident lawyer near me?

Yes. We meet personal injury victims at the following Mississippi locations:

  • Jackson Office (Hinds County): 2630 Ridgewood Road, Suite D. Jackson, MS 39216
  • Clarksdale Office (Coahoma County): 30 Delta Avenue, Clarksdale, MS 38614
  • Greenville Office (Washington County): 540 Main Street, ICON Building, Suite 302. Greenville, MS 38701
  • Oxford Office (Lafayette County): 2084 Old Taylor Road, Suite 110. Oxford, MS 38655
  • Meridian Office (Lauderdale County):2121 5th Street, Suite 205, Meridian, MS 39301

We meet clients who cannot physically travel to us in their homes or other locations when necessary. Our lawyers consult with clients by phone and through online video platforms, such as Zoom and FaceTime.

Call our Mississippi whiplash injury attorneys for help now

At Merkel & Cocke, P.A., we have been fighting for accident victims across Mississippi for decades. From rear-end crashes in Gulfport to intersection wrecks in Oxford, we’ve seen how whiplash can disrupt lives. Our team works tirelessly to secure the medical care and financial recovery you need to move forward. Call us today for a free, no-obligation case evaluation. You pay no attorney fees unless we win your case. Contact us by phone or complete our contact form to schedule your complimentary consultation. We represent clients throughout Mississippi and the Gulf Coast.