Worthington Law Group
Injury Law Report

Most of us have heard the term whiplash. Frequently it brings to mind images of a person wearing a large padded collar to hold his neck in place. But is there more about whiplash we need to know?

What Is It?

In fact, whiplash is no laughing matter and can be a very serious injury. As suggested by the name, whiplash is an injury to the neck. It is caused when the head is thrown backward, forward, or side to side by an unexpected and sudden impact. This type of impact can also cause a neck sprain. That is an injury that occurs when the ligaments in the neck are overstretched due to the strong jolt from the impact.

Whiplash can occur whenever a person's head or neck is violently whipped around. Examples include, playing sports or in a fall. The most common cause of whiplash is an auto accident. Whiplash is frequently the only injury that a person in a car accident suffers. Why? If the person is properly belted in, his or her head and neck are the only parts of the body that will move very much, but they will move violently.

Symptoms

Like many injuries, the effects of whiplash can vary from mild to severe. At its mildest, whiplash will cause short term stiffness or soreness. More serious cases can make it impossible to turn one's neck or possibly affect one's ability to walk. At its worst, whiplash can cause long term debility because of severe headaches, muscle spasms, pain, and paresthesia, a numbness or tingling in the extremities. The treatment of whiplash will vary with the severity of symptoms, ranging from rest to chiropractic care to physical therapy.

The whiplash symptoms may worsen hours or even days after the accident. Doctors speculate that this delay occurs because the adrenaline released under the stress of the collision masks the pain until the adrenaline starts wearing off.

See a Doctor Immediately

Because there can be a delay of onset of whiplash symptoms, it is important to see a doctor as soon as possible after a collision. This is critical because it allows a professional to examine you and, if necessary, initiate treatment. The examination will also document symptoms that you feel are related to the collision. A delay between the collision and treatment allows the other driver’s insurance company to argue that you don't actually have whiplash or that it was caused by something other than the accident.

Treatment by a doctor is necessary to provide the proper care for your injuries. It also makes it easier for you to prove the connection between your neck pain and the accident. In order to recover for an injury, you have to prove that the injury was either caused or made worse by the collision. Such proof requires a doctor's diagnosis. A good doctor will document your symptoms, the treatment necessary to treat the whiplash, and the likely cause. This makes it easier for you or your lawyer to “connect the dots” and prove that the car accident caused the whiplash.

If you have suffered whiplash in an accident that is not your fault, you may be entitled to compensation for your injuries. This compensation can include the cost of the medical care necessary to treat the whiplash and lost wages suffered because you were unable to work due to your injuries. You might also get compensation for your pain and suffering.

Obviously, the amount you can recover will vary depending on the severity of your injuries and the length of time that you are debilitated by the whiplash. It is important to remember that the possible delay in the appearance of whiplash symptoms means that you should resist the temptation to take the first offer the other driver's insurance company makes. This could be an offer that seems generous at first but it may turn out to be far less than the cost of your medical care.

Contact Us

What do you do if you suspect you have suffered a serious case of whiplash? The first step is to seek medical help, then contact our firm. We can help you evaluate the facts and determine whether you have a claim, and then make the claim within the limited time allowed. With our guidance, you will receive all of the compensation that you deserve.

Between 1985 and 2003, the number of lawsuits for personal injuries and medical malpractice tried in the federal courts dropped by 79%. In the largest state courts, the number dropped almost 32% between 1992 and 2001. Despite these statistics, it seems as if all you hear are complaints about the greed of clients and lawyers, and how an explosion in lawsuits is ruining the country. Let’s separate truth from fiction.

Fiction

The number of lawsuits is skyrocketing.

Fact

As stated above, the number of lawsuits (of nearly every kind and in nearly every jurisdiction) is plummeting. Mandatory arbitration and laws hostile to plaintiffs account for most of this drop.

Fiction

The costs of lawsuits are driving companies and doctors out of business.

Fact

Malpractice costs are less than 2% of the total cost of health care. According to a recent survey, small business owners rate as number 65 concerns over the cost of lawsuits on their list of worries.

Fiction

Lawsuits are driving up your insurance rates.

Fact

Insurance company profits are driving up your insurance rates. Insurers make record profits, even as the number of suits plummets, yet your rates have not dropped.

Fiction

The costs of lawsuits are a “tax” on all Americans.

Fact

The “studies” that support this statement are funded by big oil, drug, tobacco, and insurance companies, the very entities that benefit from a reduction in lawsuits. There is no factual or scientific basis for this claim. There is not even any type of reasonable explanation of how making a wrongdoer pay for his wrongs qualifies as a “tax” on anyone.

Conclusion

People complaining about lawsuits do so because they have a financial or political interest in the issue. Insurance companies do not make money by paying claims. Large corporations want the harm they create to go uncompensated. Politicians find it easier to blame the victim than to address the underlying problems. The only people harmed by the reduction in lawsuits are those people victimized by intentional or negligent acts who are denied any recourse. .