Whiplash is a type of neck injury commonly incurred in a car accident. A whiplash injury arises from a rapid back-and-forth motion of the head and neck during a rear-end collision. This motion can tear and injure the ligaments in the neck and back, causing pain and other symptoms.

If a rear-end collision or other auto accident caused your whiplash injury, you may have grounds to file a lawsuit against the at-fault driver in West Virginia. Speak with an experienced West Virginia car accident attorney to learn about your legal options

About Whiplash

Whiplash is one of the most common car accident injuries. Like the cracking of a whip, this injury occurs when the neck rapidly jerks back and forth, usually in a rear-end accident. The neck often cannot withstand the stress of the gravitational pull, and may suffer long-lasting damage. Whiplash can cause a variety of symptoms.

  • Neck pain, especially during movement
  • Loss of range of motion in the neck
  • Muscle stiffness and tenderness
  • Tingling or numbness in the arms
  • Headaches from the base of the skull
  • Dizziness or blurred vision
  • Fatigue and sleep disturbances

Signs of whiplash may occur immediately after the collision, or not until hours or days after the accident. It is important not to tell police officers and insurance companies you do not have any injuries until a doctor performs an exam. You could have neck damage, but your adrenaline may be masking the pain. Instead, say you do not know and you wish to see a doctor. This will protect your rights during an injury claim later.

West Virginia Fault Laws

Like most states, West Virginia is a fault-based car insurance state. This means the person who is at fault for causing the accident will be financially responsible for damages. Victims must identify the at-fault party before reporting the collision to that person’s insurance company. In a rear-end collision, the rear vehicle driver is almost always at fault. However, exceptions do exist. If you have a whiplash injury, call 911 and report the wreck from the scene.

When police arrive, they will investigate the crash and help you determine fault. If the driver behind you is at fault for following too closely, tailgating, speeding, distracted driving, or another act of negligence, get his or her insurance information and make the phone call as soon as you can. Once you have received medical care for your whiplash injury, call the other driver’s insurance company to report what happened. Stick to the facts and do not say yes to either a recorded statement or a settlement agreement.

West Virginia’s fault laws give every car accident victim the opportunity to seek damages through personal injury lawsuits. You do not need to prove that your whiplash injury is serious or disabling; however, more serious injuries will typically result in greater compensation awards. You have the right to file a lawsuit against the at-fault driver for your whiplash injury. Hiring an experienced West Virginia personal injury attorney to lead your claim can maximize your odds of obtaining compensation.

Damages Recoverable in a Whiplash Lawsuit

Although whiplash injuries are treatable, they can cause chronic pain and long-term stiffness. An insurance claim alone could result in payment for your past and future medical bills and property damage repairs. A personal injury lawsuit on the basis of negligence, could potentially yield damages such as pain and suffering, lost quality of life, and loss of future earnings because of a temporary disability.

A lawsuit could also result in punitive damages. A judge may award punitive damages in addition to compensatory ones if the at-fault driver was grossly negligent, reckless, or intentional. Rear-ending your vehicle due to drunk driving or road rage, for example, could warrant punitive damages to punish the defendant for his or her actions. Discuss your whiplash injury claim with an attorney today to see what type of compensation you may be eligible to receive.

Attorney Timothy Manchin established the Manchin Injury Law Group in 2011 after his law partner of more than 25 years became a West Virginia circuit court judge. His focus is on helping individual clients and entire families victimized by negligent acts.

  • Taylor Downs was easy to talk to (I do not speak the legal language well!) and was very upfront and honest about the entire process of my case. He kept me updated as the case progressed, and answered my relentless questions. The end result was a favorable settlement that I’m not sure could have been any better with anyone else. In short, go see Taylor if you have a case. Don’t be intimidated to go seek his help, he won’t blow your brains out with “legal speak”.


  • Being referred to Taylor was the best thing I could have asked for. Taylor and staff are very easy to talk to. I would highly recommend them to anyone.


  • If I ever have to go through it again I would definetly call Taylor right away. The group was so helpful through my situation and handled everything that needed to be done. They made a stressful situation a stress free situation. With Taylor you dont have to worry about one thing. Definietly would recomend to anyone.

    - TAYLOR G.

  • Efficient, knowledgeable, and friendly.


  • Taylor and Tim helped make a difficult moment in life, a little more bearable. Easy to communicate with and informative. I will absolutely recommend them to everyone.


  • Manchin Injury Law Group, Took care of me when I got into a car accident while I was pregnant. Very scary moment for a first time mom but thankfully Manchin Injury Law Group had my back and treated me great. They made me feel as if I was part of their family. My son is now 7 Months Old and very happy and healthy. I’m very thankful for them for helping me through everything and getting me what we deserved. I 100% would recommend them to anyone. If I ever have an accident again they will be my number 1 phone call!


  • The support given helped me to feel like I was included in my personal injury case every step of the way. I was informed about the entire process throughout. It was amazing how quick the turn around time was and I would definitely recommend Attorney Timothy J. Manchin to anyone!


  • Taylor and Kelly worked hard on my case so I didn’t have to. Thanks guys!


  • Excellent experience dealing with Manchin Injury Law. They were very responsive, professional and easy to talk to. I did my homework before I hired a lawyer after my accident and I am so glad I found Manchin Injury Law Group. If you are injured, give them a call!


  • Taylor and Tim helped make a difficult moment in life, a little more bearable. Easy to communicate with and informative. I will absolutely recommend them to everyone.


  • Kelly and Taylor did all the hard work so that I didn’t have to. They both cared about my circumstance and got me a nice settlement. Taylor knows what he is doing and I felt comfortable with my case in his hands.


  • Great lawyers. They helped me with a West Virginia case.


  • Such a great experience with Taylor and this firm. Thankful for their diligence and their work on our case. Thank you to all!


  • Had a easy and smooth experience with a great attorney so when you go there make sure you ask for Taylor.


  • My experience at the Manchin Injury Law Group was extremely positive, and I would recommend them to anyone who needs a compassionate and experienced lawyer on their side.


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